The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-08-18
ANDALUsIA
ANDALUsIA, NJ, Aug. 18th, 1879.

into a state of wild excitement onWednes.
day last. which eliminated in one of the
most interesting criminal trials that has
ever occurred in the courts of Andalusia,
For some time past there has been i'll
feeling between j. FL. Babbitt and A. G,
Eberhart. Joe accusing Burt of being too
familiar with Joe's domestic affairs. and on
several occasions when both had too much
taDglefoot aboard, high words have passed
between them. On one occasion Burt
played his drumsticks on Joe's head
pretty lively for little while and then, as
10 says, run.
On Tuesday last they met, both having
good supply of corn juice ahead 10
made some threats of what he would do if
he caught Burt in certain positions, &c.,
and Burt, thinking matters were getting
little too hot and perhaps dangerous. went
before Squire Ballard and swore out
peace warrant against 10.
DO being at work in Buffalo was of
course out of the jurisdiction of Jim's
court, so the warrant could not be served.
Esq: Ballard having business in Buffalo
crossed over on the Ferry boat on Wed
nesday afternoon, when 10 met him op
the boat and enquired if there was war
rant out for him. Being answered in the
affirm alton, 10 INDUCED in some severe
language against the Capt. and amongst
other things accused him of being in con
spiracy with Burt and Esqr. Smith to get
him out of the way, SO they could run his
domestic affairs.
This seems to have been a little more
than the Capt. could stand and suddenly
Capt. Bromley's coal pile began to fly all
over the boat. Somehow a pretty solid
chunk mixed with a goodIy share of sui.
phur hit 10 on the head, and the claret
run pretty freely. 10 was taken to the
drug store and his wounds dressed.
Being now disabled, 10 naturly sought the
quiet repose Of his own home, and crossed
the river with the Intention of returning
to the bosom of his own family for repairs.
But no sooner had he touched the Illinois
shore than the inevitable Frank Harris
was on hand to escort him to the court of
justice.
Now 10, remembering Capt. Bromley's
coal pie, and having a severe pain in his
head, thought it imprudent to have the
case tried 10 Jim court aud SO improved
his privilege by taking change of venue
which brought the case before William
Smith, Esq
Esq, Smith being on hand, promptly
took the chair of Justice, and the people
with their attorney. the celebrated DR..
Simpson, Esq of Keithsburg, Ill. The
witness being present the court proceeded
to reed she charge which was for making
hthreats against the person of A. G. EheY-
hart on which charge the warrant vas is.
sued.
The defendant not aaving counsel and
, seeing the array OF talent and witnesses
against a.El plead not guilty and asked foI
: continuance to enable him to procure
: counsel The court ruled that the defend
: ant could not have a continuance but tha,
he was entitled tG and could have a iury
and upon the defendant signifyjpe hi
t desire TO have Jury the court nroceede,
, + to empanel one which was easily done a
the court room was full Of our noble citi
zens Who are all good jurors. Ths cour
3 was fortunate in selecting six of the best
t consisting of Capt, VIM. Jones, William
S Cunningham, Charles Strohmier, Frit
? Brusso, Marshal freeman and J. Nj. Bu,
g fun.
8 The learned counsel for the peorls the
i arose and addressed the Jury, stating wha
. the people expected to prove and the yer
e dict, they expected which would be t
r blnd the defendant over to keep the peace
r the trial then proceeded
}, After getting about half through wit
g the evidence some person whispere
t through the window to the learned counst
telling him that the people thought tn
proceedings wore out of order and iIlega
! The DIR. then arose and addressing th
< court stated that he thought the proceed
It ings we're a little irregular aud that Il
It jury business was out of order. But wi,
( all the eloquenco the DR.. could bring
: bear upon the court be failed to copvin,
II his Honor that there was any irreeularity
lc the proceedings.
.r The court therefore ruled everythir
regular and in order and that the defeuda
was entitled to trial by Jury, so the ca
l. went on. The evidence being through, Il
le case was given to the jury. At this sta
a OF the proceedings the excitement was
Y. tense and everybody was anxiously wa
er ing to see how the case would termina,
u But it soon became evident that t
d. jury would not agree and the court W
be called 10, and after canvassina the jury
w appeared that three we're for copvicti
and three foF acauital.
ne lhe squire, finding that the castir
- vote of the court would be required
il bring the proceedings to a finale, cast
= vote in favor of the prisoner, aud tn
es disposed of the case much as the Dut
st Justice did in the case where the wom
G. was frightened. except that the plant
I'd make restitution aad the constable D
lg the costs.
C Taking it all in all the procedure
III bad before Smith court is without para
and is departure 10 the judiciary frc
all established rules. from all law, a
from common sense. And as a court
his justice was farce, The squire mig
ase have. said as the Arkansas Justice q
that the proceeding was not strictly l.
but il was his opinion in the case allie san