Daily Republican., 1883-09-21
COURT PROCERDlHG.'

CoUsT PnocEEDlHta.
Several Cases DispOsed OF YesteP
DAY Afternoon-Hesvy witness
Fees.
Court re-convened at 3 o'clock OF
Thursday afternoon, with Chief Jus
tice Comegys and Judges Wootten ant
Houston on the bench. Joshua Maris
Esq, read lengthy petition stating
that he had purchased a property tina
was occupied by William +. Kurtz ant
his wife, Of which they refused to give
him possession, and he prayed that 8
rule should be granted commanding tht
said William +. Kurtz and bis wife t.
appear, and show cause, If any they
have, why a writ of ejectment should
not be issued against them.
The States Attorney said that ht
wished to enter nOlle prosequi in a
case against Louis Pyle, who had plead
guilty on Wednesday to an indictment
for larceny, and had been sentenced by
the Court.
The case of Thomas Il. Walker and
others, indicted at the last term of Court
for assault, was called by the States
Attorney, but as none of the defendants
except Walker were present, Walter
Bacon, Esq, who appeared as their
counsel, asked that the case should be
continued until the November torn, as
he had not been able to get his witness.
es, and there was none of the defend
ants in Court except Walker, and he
was suffering from a surgical operation,
and not In a condition to go to Trial.
The continuance was granted, and
the case postponed until November.
Robert Sidney was then placed in the
dock and arraigned on an indictment
charging him with an assault and high
way robbery on Edward Marble, last
Sunday, the 10th inst. He plead not
guilty, and when the Court asked him
If he had counsel, he replied in the neg
ative, and said he was without means
to employ any.
Charles Jones, colored, indicted for
assault was in Court all the morning,
but when his name was called in the
afternoon, a voice in the audience re
piled, he's gone home Oh the cars, and
said he wouldn't come back until you
sent for him." Mr.. Gray said, "we'll
soon do that" and ordered the Crier to
call his name three times. This was
done, and az he did not answer, his bail
was declared forfeited, and capias or
dered for his arrest, to hold him until
next term, when he will be tried.
The case of the State vs.. Weir, for as.
sault and battery on Charles Coleman,
was called, and the States Attorney
said he would enter nolle prosequi.
James Lewis, colored, convicted ofan
assault on Amos G. Brinton on the lith
day of January, 1876, was brought in
Court, and his counsel, Walter Bacon,
Esq, asked that sentence should be de-
terred for one day, as he had discovered
some additional evidence, and he want
ed time TO consider If he would ask for
q new trial.
The Court granted his application,
and gave him until to-day to make up
his mind
Alexander Wortenburg and Charles
Fl. Lambert, both colored, were ar
raigned on an Indictment charging
them with an assault with intent to kill
and commit murder, and they both
plead not guilty. Mr.. Bacon, who ap-
peared az one of the counsel, said that
they were not ready for trial
James Scott was indicted for an as
sault with intent to kill John Nichols,
colored, on the 23d of June, and plead
not guilty. Harry Sharpey, Esq, ap-
peared as his counsel and said they
were ready for trial.
Thomas Davis, Esq, represented the
State, and after the jury were drawn
challenged three, who were withdrawn
and others substituted.
John Nichols, upon being sworn, testi-
fed that on the 23d Of last June, he re.
sided on Front street near Union, and
was out in the street, when Scott came
along on a car and hallooed to him ; the
prisoner stopped the car, and after
some words had passed between them
drove on, but returned in a few min
utes with a numberof others, and said
Where is the black s-n of a b-h,
III kill him" as soon as he saw the
witness he commenced to shoot, and
two balls came so close to the witness
that he heard the whiZ. He ran, and
Scott fired five shots at him ; he was
confident that the prisoner was the
man who shot, as he had on light clothes
and straw har.
When the witness gave in his time
for which he is entitled TO fees for eighty
seven days, the Chief Justice asked
how that was, and some one answered
that he was in jail, as he could not
furnish the required bail as witness.
The Chief Justice then wanted to know
who committed him, and upon being
informed thar it was Judge Cummins,
turned and said something to Judge
Wcotten.
Amelia Craig, colored, testified that
she was present when the shooting took
place, and was confident that it was
Scott who fired the shots; she had
heard him say that he intended to kill
somebody. She also described him as
wearing light clothes and a straw hat.
The witness was also committed to
Jail at the same time as Nichols, and
had SS7 due her as fees.
James Hayden testified that he was
employed as car driver on the Front
and Union Street Hallway last June;
he remem bered the night when the fight
took place, and seen Scott, who was
driving a car; he seen him when he
fred at Nichols, and knew that he fired
at least two shots.
William Morgan testified that last
June he lived on Front street, and was
not doing anything, but is now employ.
ed in brick yard knows Scott and
seen him at the fight.
Eva Phillips, colored, testified that
she lived on Union street remembers
the night of the fight heard the shoot
ing, and saw colorej man running,
but don't know who it was that fired
the shots.
Each of these witnesses were SUBJ
it,cted to a search & cross eXamina-
ton, especially in reference to the
clothes worn by the man who done the
shooting. The defense was then
opened by Mr.. Sharpley, who said that
ha W,,nll Drove that on the night in