Daily Republican., 1881-02-09
GatuHTfg FlNT's0:es.
1EFE OUEE.

Brought up-khe indictment.
Attacked by AUsifD Harrington
mud benjamin NteidA.
7 he Court of Quarter Sessions me'
this morning at 10 o'clockfChief Justice
GOmegys and associates Houston and
Wuoten on the bench. A sensible din,
ina tion Of the crowd in attendance was
noticed though the court house wai
faI, A part Of the space in the room
Was set apart for the accommodation o
the witnesses, on the east side loom,
four seats in width and extending
from the front 10 the rear Of the room.
An usher WAS placed at the door tD SEX
hat none bnt witnesses were permitted
to occupy the space, The colored peo
pc were generally shown to the west
SIDE of the room by the order Of the
Cpurt, and white persons also being
permitted to occupy that side the pic
ture presented was one o! vsriegated
o0lors. The court also gave orders
that none but members OF the court
and jurymen should be admitted by
the back slsirway.
! The first case called WAS that Of the
Ssste vs.. William Miles. Horscs Coul-
ter with others not named, to the mum
Der OF ten or more, indicted for melting
TO riot on the l7th OF otO1tober last, com
monty knoEn as the election riots.
Miles and Coulter were the only pris.
oners who had Deen b0und over to
court aud were present for trial. The
specific charge for which they were ar
rSikned was for melting to riot on the
Sunday morning following the D4mo-
cratic parade.
Austin Isripgton and Benjamin
Nields appesred SIS counsel for prison
err Gay and Pennington tor the State.
Mr, Harrington asked that the in
dictments " qussbed Gs they did not
describe the offences with which the
prisoners were charged with suf
Cient dibtinotness. The offences he ar.
guel we're different in character differ.
ent in degree, different penalties were
provided. Mr.. Harrington conteuded
that the indictments were defective in
that they charged that the defendants
by force dt arms did incite to riot,
whereas there was no assembling to
eether more han usual upon almost
any occasion ana they were not armed
with sticks and slaves as charged.
MIR. Harrington proceeded at consid.
erabl. length 10 quote various law au-
tae'i,i's in support OF his position.
Attorney General Gray followed in
anpprrt of the Legality of indictment
showing by his quotations that the Law
contemplated three or more persons
could commit riot without keing armed
with sticks, slaves and other weapons.
The defendants he said were indicted
for committing n riot, but what CON
stituted the ingredients Of n riot, must
be left TO the Law and evidence TO de. |
termlne.
Col. Nields tollo Eed the Attorney |
General msintainlnR that the indict.
ments should be qnAshsd as they speci
ned no overt act constituting riot |
II said ell assembly &C Mug together
with sticks AID staveG was an uulaW.
fnl q. a.sem5lF, but unless they executed
something they could not be Indicted
for committing riot and therefore the
Indictment wac defective. At 10.4j Col.
Nields was still speaking.
The discharge was ordered.
Robert Herrlcks and SAMUEL Hamil.
,on plead not guilty to the charge OF
eloniously assaultlng James Hopkins
n Dec. Is, on Scott street between
pennsylvania and Delaware avenues
md taking from linn an oVercost, vest,
az, pair Of suspSnders, II collars, u
'arse and tgo pairs of stockings.
Harry Shsrpley, Esq, gave notice
b at he would appear TO Hamilton.
At - 20 o'clI OK the Grand jury made
heir report. 1t was read by Henry
.ckel. twill be published tomorrow.
he Chief Justice pronounced it an tx
client report and ordered that il be re-
o'ded and that copies be furnished to
be Levy Lourt aud the General As
emily
The Jury was then discharged from
lrtLer attendance upon this term OF
ourt. ,
Benton, colored, was arraigu
d on the charge Of the larceny Of
art saddle ans breech b3nd from David
Iurphy, on West street below Second +
sree,, on January llth.
Two or three Wituesses were heard | I
heir testimony tended 10 show the y
risouer's guilt.
The jury in the case Of William {
pnkle, charged with the larceny OF a {
old watch from lady named CHEM. l
-rs, we're sworn.
The jury in the case Of William Ben
N, returned verdict of guilty.
The prisoner WAS sentenced to pay
le oosts OF the pgotecutiou, pay ten
o!lars to the owner OF the stolen artj.
es, b9 imprisoned three months, re-
'ive 20 lashes next SATURDAY. and wear
convicrs jacket months after his
beratiOn.
The Court then adjourned until three
clock.
ALI diseases diagnosed without 1ues-