The daily gazette., 1883-09-21
TWO SIDES OF A CASE.
AN INTERESTING TRIAL AT
YESTERDAYS COURT
THE LIST TRIAL POSTPONED.
A Somewhat Famous Assault and Battery
Case in Which the Defense Knocks the
Prosecution ssIntO = Cooked Hat"

Prosecution sGntO Cooked Hat"
Before the noon adjournment of Court
yesterday, Henry Ferrington was brought
Into Court, and his counsel, Levi @. Bird,
Esq, stated that in view Of the peculiar
circumstances connected with the case he
had decided to enter plea Of guilty of the
assault. Attorney General Gray said that
he was willing to allow the plea on account
OF the absence of the witnesses, and the Chief
| Justice then sentenced the plis isoner to pay
| the costs of prosecution, fine OF 500 and
| to undergo an imprisonmento of eight months.
Austin Harrington, Esq, one of the
1 counsel assigned by the Court to defend the
Lists, made an application to have the trial
continued until the November term of
l Court, as it was impossible for them to have
witnesses ready before. Attorney General
l Gray, failed to see in what way the case
would be benefited by postponement and
i thought the witnesses could be gotten with
out any very great trouble. MIR. Harring-
ton urged that the health of Lewis F. List
/ was not In the condi ion to permit of bis
/ trial at the present term, and after q short
| consultation the Court granted the applic4-
| tion.
| Court then adjourned until o'clock,
4 when Joshua Maris, ESQ.,, asked that writ
| of possession be issued against William r.
4
not give possession of certain property sold
recently at public SALE The writ was made
| returnable Monday.
The case of Thomas B. Walker, charged
i with assault and battery against Mrs.
Craven, and which was postponed from the
May term of court, was again postponed
until the November term, upon the applica-
tion of his counsel, Walter Bacon, Esq.
Robert Sidney was next arraigned upon
| two indictments, one charging him with
| highway robbery on the 18th of this month,
/ against hoy named Edward Marvel, and
the other charging him with assault and
battery, to both of which he pleaded "not
| gully"
Attorney General Gray announced to the
court that the Stat was ready In the case ut
| Charles Jones, charged with assault and
| battery, and proccetic to call the witnesses,
all Of who \ answered Charles Jones was
then called WHEN one ~ IN" witnesses at"d
that Jones had sOu '',,' Oa the | O'Clock
train and thai he iiii sal he 'wasil ctru-
ing again until they sHit after him" His
bail was then declared - h.iiei and beach
warrant was issued Tor 'lis arrest.
In the case of the ta.. V. Wier, charged
with assault and baW+ry, a aolte proseYDi
was entered.
Charles H. LambHru and Alexander
Wortenbury were arraigucl aud pleaded II 1t
guilty, to the indictment charging them
with committing assault and battery upon
j. Alfred Collins on the night of June
23d.
James Scott was arraigned on an indict-
ment charging him with assault and battery
| against Jchn Nichols on the night of June
%, and pleaded E'nOt guilty" The case
being ready for trial, the jury was drawn,
Thos. Davis, ESQ. conducting the prosecution
and opened the case by reciting the facts, as
he expected to prove them, and then called
a -. a. IL
| was sworn and testified that the prisoner on
the 23d of June met him on Front street
near Union. Scott was driving a street car
and stopped opposite where was and told
me not to make so much noise; told
him it was none of his business; few more
words passed between us when he drove off
to the depot, but shortly after he returned
on another car coming into the city and
Stopped opposite where was standing, and
Jumping of the car, said, "Where is he 90
When he saw me he fired his pistol at me;
ran and he then fired four more shots after
me; was standing on the right hand side
of the street when Scott, who was
about four feet away, first shot.
Nichols was closely questioned, but he posi-
lively adhered to the statement that Scott
fired at him.
Amel Craig, eolored, gave eorroborative
test nony, and Joseph Hayden and William
Morgan testified to hearing the shots fired
from the car which Scott was driving.
She State rested, and for the defense
Harry Sharpley, Esq, addressed the jury as
to what he expected to prove and recited
some of the facts In the case, and also said
that he would try to prove thet the prisoner
did not do the shooting. He then called
Oliver Bell, who testified: Lived at 1905
West Front street on the night of the 23d of
June; was coming out home on Scott's car;
heard the cries of murder" and saw
Nichols having a colored woman down on
the ground beating her, and she was hol-
lowing murder; Scott stopped his car and
asked the colored man TO stop beating the
| woman: Nichols wanted to know what busi-
| ness 1t was of his; Scott then drove his car
to the depot; shortly afterwards | saw Scott
coming back, as the cries of the woman still
continued.
William Smith, sworn-Live at 106 Scott
street; after going over the facts already
testified he stated that the man who fired
the shot was standing on the front of the
car and that Scott was then standing close
to where Nichols was In the road: the second
shot was fred close to Scott street.
Robert Hewitt sworn-Liye at Front and
Scott streets; was going home on that night
and heard loud shouting; saw Nichols heat
| ing a woman who was following murder;
rScott stopped his car In front of Nichols
house and asked what was the matter;
/ Nichols said it was none of his business and
called hims g. of a b., Scott then drove to
the stable, when Hayden's car came back
there were eight or ten passengers on it; the
car stopped in front of Nichols shanty aud
they got off and asked wheteis he (Nichols) !;
Nichols began to run and short man
dressed In dark clothing, fired after him;
: did not see his face. The witness stated
. further that the man who did the shooting
! was not Scott.
Additional testimony OF this character
! was given by Asbury Burke, Charles E.
D Baird, Mrs. Bird and Peter j. Ford, all of
: which was to the effect that the shooting
2 was not done by Scott
George w. Bush and Samuel A. Price
were sworn and testified to Seott's good
character. At this stage of the trial Mr.
Davis asked the court to instruct the jury
TO return a verdict of not guilty, as the facts
in the case did not warrant the state la pro-
ceediog any further The jury was so in
, structed and returned q verdict to that
effect. Court then adjourned.