The daily gazette., 1881-09-24
THE SEPTEMBER COURT.
Business Transacted Yesterday Ar.
ternoon.Patrisk SulIivan's Lucky
sentsnee-Neal Again-HsW the
Bearers Of Concealed Deadly Vice.
n0na XarA Galfe0.

toFmOOmskotf1ek BulAlVou'e LUCKY
sentsnee-Neal Agafn-Hsw the
Bearers Of Concealed Deadly wea-
pons were salted.
At the afternoon session of Court, yes
terday, the defense opened In the case of
the State 70. Patrick Sullivan, charged
with violent assault and battery upon
Bridget Fraley.
The testimony was TO the effect that
Sullivan was trying 10 drive his cows
home, and thai Mrs. Frsley drove them
back and pushed Sullivan, who after
road, the woman throwing stones or
other missiles at him. Sullivan's son
testified that one OF the missiles struck
his father on tho leg and rendered him
lame for week,
Mr.. ndigham Summoned up for
the defence and asked the Court for rul.
ing on the following points:
/. The defendant had right to use
whatever force was necessary In order to
get his property (the csttle) home.
2. The first assault being made by the
prosecuting witness, no matter II she be
woman, the defendant had the legal
right TO resist the assault, using no more
violence than was necessary TO repel the
| attack.
The Court held that as general thing
these propositions are true, but an
attacked party has no right 10 90 further
than the use Of sufllcient means to repel
the attack.
At APO O'Clock the jury retired, and
at 6.35 O'Clock came In with verdict Of
"guilty," but recommended him 10 the
mercy of the Court. Sullivan was find
S. and costs. Patrick grinned broadly
at his light sentence, and was evidently
delighted at his escape from imprison-
ment.
Walter NaUdain, VIM. Benson and
George Clifton, col. were srraigned on
Q charge of assaulting Willard +. Collins
on the highway near Bisckbird, on the
evening Of May 9th last, and robbing
him of IS in silver, pair Of suspenders,
a pair Of shoes, hat and q ten. cent
piece OF tobacco. Each pleaded "not
guilty."
State as. Paris Laws, COL, indicted TO 1
carrying concealed deadly weapons. At
torney General for the State and Harry
Emmons, Esq. for the prison Z. This Is the
first case tried under the law against
carrying concealed deadly weapons
passed at the last session of the Legisla.
turs. Laws is the negro whom policeman
John N. Richardson arrested about the
middle OF last month for acting In dis.
orderly manner and quarreling with two
women near Water and French streets
The weapons revolver, was found wher
he was arrested he having dropped II
while climbing into q wagon to escape
arrest, whereupon Mayor Almond hels
him for trial at Court. These facts wer'
duly testified to by sfiesr Richardson.
Il The defense consisted solely Of wit
. nesses who did not see the accused havt
the pistol and meyer knew him TO owl
. one.
The jury returned Q verdict Of "guil
ty," without leaving the box. The pri
soner was sentenced to pay fine Of 80:
and be imprisoned for fifteen days.
Al s o'clock the Grand Jary csmt
down with o number of true bills, ant
having finished their business were dis
charged until the November term, will
the thanks Of the Court.
Just before the close OF Court, the re
} markable case Of VIM. Neal, COL, VIII
D was tried for committing q rape on Mrs
= Margaret Gosser, Q white woman O
\ Blackbird Hundred, convicted and sent
0 enced to be hung, but saved BY reverss
0 of all proceedings in his case by th
United States Supreme Court by reaso
Of the exclusion OF negroes from the jur
: that convicted him, was again brougf
o forward by his presence In court Il
L arraignment for second trial.
Q The Court again assigned Anthon
i. Higgins, Esq, to defend him, and as N
Higgins objected to Neal's arraignmer
q until he had an opportunity Of ex-amil
q ing the indictment the proceeding wi
a postponed until morning.
4 Constantine Cooper, col, pleade
!. guilty to q charge Of carrying conceale
deadly weapons, and was fined $f6 an
costs, the lightest penalty allowed by u
law.
& George Kelley also pleaded guilty
the same offence and was also fined 81
: and costs.
i At $40 O'CLOCK Court adjourn ed unit
b 10 O'Clock this morning.