Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-05-11
COURT QUARTER SESSIONS.
Adjourned April Term.

of Harriet Bodie, charged with felonious
assault and battery, rendered verdict of
not guilty of the felony, but guilty Of the
unlawful cutting and manning. A motion
was made for arrest of judgment.
Com'th VS.. Simon Roberts, colored, felo-
nious assault and battery. Charles Vogt,
who attends bar at Koehler's Lion brew
cry on Middle street, testified that ON the
14th Of April the defendant and several
other colored men came into the saloon
and asked for drink. They were very
drunk and the witness refused to give
them anything. They became very noisy
and when the witness and others attempt
ed to put them out Roberts drew a razor
and attempted to cut him. He would have
succeeded had it not been that witness
jumped away from him. After consider
able trouble Roberts and his companions
were elected from the premises. While
the darkeys were going down stairs some
one Of them fired pistol the ball of which
struck Conrad Koehler on the head.
Conrad koehler testified to the trouble
that they had with Roberts. After he and
the others were put down stairs shot was
fired. which witness heard and the ball
struck him on the chin. Casper Koehler
testified that he saw Roberts with pistol;
he caught hold of Conrad, whom he pulled
back, after which the pistol shot was fired.
Several other witnesses testified to the
trouble in the barroom. Two of them ON
cross examination stated that they did not
hear the pistol shot. DR.. Herr testified
that he dressed the wound of KOehler it
looked as though it had been done by a
bullet.
The defense, as sworn to by Roberts, was
that Vogt, who had a knife, first made the
attack upon him and cut him. After that
several other white men jumped upon him
and assisted in beating him he had
razor but did not attempt to cut VOgt; he
did not discharge revolver or have one at
the time.
James Fell corroborated Roberts did
not see him use razor; did not hear
pistol shot.
Thomas Wilson did not see the fight,
but met Roberts at the foot of the stairs !;
did not hear pistol shot.
Philip Thompson saw Vogt, Koehler and
Eichlcr beating Roberts in the bar-roOm
with a.chair and piece of gum hose with
a brass fixture at one end, and saw them
hustle him down stairs heard no pistol
shot,
Several other cOlOred witnesses and one
nv xU1ito onrrnhnrofa1 &1,ic focfi.
mony, all of them swearing that they
heard no pistol shot.
John G. Buckius deposed that the razor
which defendant had in his possession at
the time of the fight belonged to him
(Buckius); that he had given it to
defendant the day of the fight to have it
sharpened.
In rebuttal the commonwealth recalled
Messrs. Koehler and Dinkleberger, the for
mer of whom testified that he saw the
pistol in defendants hand, and the latter
that the defendant was not beaten before
being elected from the room.
The jury acquitted Roberts of shooting
Koehler and i'll the case preferred by Vogt
they found him guilty of assault only.
Sentenced to pay u fine $40 land costs.
Tuesday Korning.-At the opening of
court the counsel for John 3. Dennis, who
is charged with dissuading witnesses, filed
a special plea to the Indictment against the
accused. setting forth, that as he was az
raigned at the last quarter sessions court
i'll April, at which time jury was i'm
pannelled and sworn, which jury was
at the instance of the
and by the order of the
court, and without the consent of the
defendant, and without necessity, dis
missed, juror being withdrawn and
the case continued, he cannot again be put
Oh his trial Cor the same offence and .he
therefore prays to be discharged from the
Indictment
The Fish Market.
Com'th VS.. City of Lancaster. The city
was charged with maintaining nuisance
by allowing persons to sell fish at Vine
and South Queen streets. This place is
by fishermen during several
months in the spring of the year. A large
number of witnesses were called, including
Dr. Carpenter, Dr.M.L. Herr, DIN. Moore,
Dr.. Bolenius, Capt. Elias McMellen, H.
W. Harberger and other citizens residing
in the neighborhood of the fish market.
From their testimony it appeared that this
place is in bad condition. There is
frightful smell arising from the fish, and
of the neighborhood are at
lines compelled to close their |
houses on that account. The fam
lies of several of the witnesses have
)een made sick by the smell. The tables,
wagons, &C., of the fishermen are not kept
lean and pools of blood often lie in the
streets for hours, while the stencil arising
herefIom is almost uncomfortable at times.
After the commonwealth testimony
vas heard the counsel for the defense
.sked for mol. pros. on the grounds that
had not been shown that the city had
reated this nuisance, which has been
by private individuals, who
hould be held liable. The court ordered
hem to proceed with the testimony.
The defense called several witnesses to
rove that the fish market is kept in good
ondition. It is washed every day, and the
nell never gave the witnesses any incon-
enience. One witness, who is fish deal
L, OH cross examination said that they
aid the estate of Mr.. Efinger certain
I'm of money every week for the privilege
backing their wagons to the curb to
I'll fish at this place.
In rebuttal, ID. NJ. Moore testified that