Daily Republican., 1883-11-21
FIFTH EDITION,
THIS MORNING'SCOURT,
Mr.. Wards Argument On III.
Motion lO QuNsh an nd lcemeue.

Mr.. Wards ArguMsnt ON III.
Motion Ia Nussh an lMdicameut.
I Court re.convened at 10 o'clock this
morning with the Chief Justice and
/ Associate Justices W Ootten and Houston
! on the bench. Mr.. Ward opened the
argument In support OF his motion In
I quash the Indictment IL the case of
Ward GrOome, the cOlOred man now on
trial for breaking into house at Front
and West streets.
The indictment charges him with
forcibly entering the house Of Mrs,
Elizabeth Ferguson with intent to com.
NIT u larceny, but the evidence showed
that the entry was made IN part Of the
house occupied by Isaac T. Miller, who
rents from Mrs Ferguson. He cited .
humber OF authorities In support of bis
position, and claimed that % the apart.
ments occupied by Mr.. Miller, were
separated by q staircase from those Of
Mrs Ferguson. 1t constituted them the
same a. another house. He supplement.
ed the authorities with an able argu.
ment In which he contended that the
indictment to stand should have charged
the prisoner with entering the house Of
Mr.. Miller.
He was followed by Walter 8. Hayes,
Esq, for the State, who also cited
number of authorities, aud claimed that
to reach the part In possession of Mr..
Miller, 1t was necessary for the prisoner
to break into the apartment occupied by
Mrs. Ferguson.
The Court decided to override Mr..
Wards motion, and he continued his
argument to the jury. He contended
that his client was too drunk last Sat-
urday night or Sunday morning to have
entered the house, and secondly that
even II 1t was him, 1t was too dark for
the prosecuting witness TO have identi.
fled him.
Mr.. Hayes commenced the argument
for the State, and after carefully going
over the evidence that had been prOduc.
ed, said it all tended to show that
Groome was the man. He did not
think that all the whisky which 1t was
claimed he drank on Saturday night,
was sufficient to make him drunk, and
in fact 1t had been proved by one witness
that he was not drunk at 3 o'clock in
the morning.
The jury were charged by the Chief
Justice that II they we're not satisfied
in regard to tie identity of the prisoner
they must render verdict Of not guilty,
and retired at IL 20 o'clock.
j. X. Bradford, Esq, made applica.
tiOn to the Court for the discharge of
Walter Jones, who was charged with
carrying concealed deadly weapons,
and an italian charged with riot, as the
Grand Jury had ignored the bills in
both cases, and the application was
4 anted.
The witnesses in the case of Lewis IF.
List and Lewis List, charged with the
murder of George u. Taylor, were call
e., and all answered to their names ex.
cept two.
Harry Sharpley, Esq, one of the at.
torneys for the defense, made motion
for a severance Of the case, and in sup.
port of IL, offered the affidavit of Lewis
List to the effect that he was innocent
of the crime for which hs Is indicted
and also that he could not safely go to
trial without the evidence of Martha
List, the wife of Lewis +. List, and
that he was informed that unless there
was a severance, she could not testify.
Mr. ShaIpley also presented the ati.
davit of Lewis +. Lewis 10 the same ef.
I'' ~ 'h'tV iC tOulu JuC tNF
dence Of his mother, Elizabeth, the wife
of Lewis List, which he claimed was
very material TO him.
At IL o'clock the jury In the ca .e Of
Ward GrOOme came In with verdict
OF guilty.
Louis Dubois, colored, was put on
trial on charge of carrying a con-
ceale'l deadly weapon The State was
represented by Herbert II. Ward, Esq,
and several witnesses were examined
who testified that they had seen the
prisoner with a pistol In his pocket
One witness for the defence testified to
bis good character, and the case was
submitted without argument, when the
jury retired.
While the jury were out, Mr.. Sharp
ley opened his argument in favor of bis
motion for a severance of the trial in
the case of the Lists, and read from
number of authorities bearing on tho
subject.
The jury in the Dubois case came in
4 verdict If guilty, anh were discharged
until 3 O'Clock this afternoon. In CON
,ideration Of Dubois having been ID
Jail three weeks the Court let him of
with sentence of ten days.
Ward GrOOme was sentenced to pays
inc Of 500, the costs of prosecution, ,one
year imprisonment, and next Saturday !
)ne hour In the pillory and 20 lashes,
When these matters were disposed Of
Mr.. Sharpley resumed his argument
md continued up to the time of the
loon adjournment.