Daily Republican., 1883-11-05

child was going to school the defend
ants boy struck him with a stick and
upon his striking back with his hand,
Yeatman came across the street and
picked up the Travers boy aud threw
him on the sidewalk. The child laid
and screamed until picked up by the
witness his side was bruised, but after
being bathed went to school.
Ellen Clancy testified that she saw
the child crying but did not see Mr..
Yeatinan throw him down. When the
child was undressed she saw place
On the left hip that was skinned.
Another witness was examined for
the prosecution, but merely corrobo'
rated the preceding witness.
Josephine Mclaughlin testified for
the defense that she saw Mr.. Yeatman
from her upper window when he took
hold of the boy; the boys we're quarrel
ing and he came over to part them did
not think he threw the boy down but
was under the impression that he fell.
The defendant said that he had no other
witness but would like to make state.
ment.
Mrs. Travers was recalled, and stated
that on several other occasions be had
struck the child, but she had never
saw him do it before. She was positive
that he threw the child down on the
pavement, ~ she was looking at him.
Mr.. Yeatman testified that he keeps
a grocery store, and had be n bothered
a great deal by the boys, this one espe-
cially, no had broken several windows
for nim On the day in question he
left his boy to watch some painting he
was doing on the opposite side OF the
street, and when he started to return
saw this boy humping his boy in the
breast. AS he d d not desist when call
cd 10, he went over and took hold of
him the boy pulled and twisted to get
loose, and when he let go, he fell to the
ground.
The Judge said that the evidence was
agains, him, and he would impose inc
of 80 and costs.
The name of Thomas Spencer, charged
with assault and battery, was called
three t mes, and upon his failure y
answer, his bai was declared forfeited
and capias issued for him.
The case of the State VS.. William
Morgan, charged with assault and
battery, was contiued until Wednesday y
morning.
The case of the State W. Charles Seth,
for assault and battery on Alfred
Wallace, called, and upon the defend.
ant being called upon to plead answered
guilty. The statement of Wallace was
heard, and showed that at the time the
assault was committed he was walking
with the defendant wife, although ht
had been warned TO stay away from her
The Court said that taking all the
facts into consideration, he would only
impose the low fine of - and costs
"Thats right, Judge, said the defend
ant, I'm here to pay IT.
Isaac Brown plead not guilty to i
charge of ASSAULT aud battery on JOSEPH
Shunder. The facts of the case as dis
clio ed by the evidence showed that OF
the 3d of October a party of Turks
with a mule stopped at Fourth ant
Orange streets, and were playing in from
of SAUNDERS residence when the de
tendant said THAT looks like you,
meaning a mule which they had. Tn,
prosecutor took that as an insult, an,
swore at him, when the deiendan
knocked him down and beat him 80 ba'
that he was laid up for two weeks, dur
ing which time he was attended by DR.
kirchner.
Shunder testified that his eyeslgh
was so badly injured that his physician
said there was danger of his losing |
altogether. The defendant cross-ex
amined the prosecutor, and showed tina
the remark was made in a joking way
and when the defendant found tina,
Shunder was angry, he tried to pacit.
him, and backed away from him tina
Shunder followed him distance of tel
or fifteen feet shaking his fist in tn
defendants face, before he knocked hin
down.
A colored woman testified that sh
saw Brown beating Shuuder, but die
not know anything about rht com
mencement OF it. She was the las
witness tor the State, and Thoma
Combs was called for the defence. II
testified that the day the Turks passe
through this city, they stopped ii
Fourth and Orange streets, and afte
playing music woman went arOun
and collected some money heard tn
offensive remark to Shunder who fol
lowed him up, shaking his fist in hi
face, when the defendant knocked hiI
down, but did not kick him. Will
Shunder was pushing his fist in tn
defendants face, he was also Cursin
him, and Brown was trying to pacif
him.
Several other witnesses were exam
ined, all of whom testified that the II.
fendant did not kick him, and had NJ
struck him until after the prosecute
had cursed him and called him a nun
ber of hard names.
Deputy Turner said that the plea {
self.defence would not avail in th
case, as it had been shown that defent
ant could have escaped from Shunder
he had tried. The defendant made al
able address In his own defence, an
claimed that he had not struck the pros
cutor until he was compelled to do {
to defend himself.
Judge Cummins reviewed th" cast
and sal that In his opinion the defent
ant had used too much violence, and
= also thought he could have escape
from the prosecutor if he had tried. II
adjudged him guilty, and imposed
fine of $40 and costs.
I Case OF the State vs. John II. Dicke
son charged with selling liquor on Su1
day, was on application of j. X. Bra'
ford, Esq, lis attorney, postponed #
one week. -
Deputy Turner called up the case
the State VS.. Edward O'Donne
charged with violating the liquor la,
: but as the witnesses did not answer,
was postponed. There being no furth
j.. business ready, the Court, few mi
;. utes before II O'Clock, took a recess un
3 O'clock this afternoon.