Morning journal and courier., 1884-03-08
Court Notes.

Court Notes.
 William Paul Bown, of the Webber Opera company. was tried for breaking property at Carlrs. He admitted the offense, the facts of which were stated in yesterdays COURIER, but claimed that he bad a perfect right to take the trunk as it was his own personal baggage and there was no attachment on it. He had made two demands on Marshal CarII for it, but was refused and only adopted the window scheme as a last resort. His wife corroborated her husband in respect to his making the demands, and said that once when she went to the theater to ask for the trunk she was locked in. Marshal Carll testified that he had refused to give up Bown's trunk because it was so hard to tell which was the company's baggage and which was personal baggage. He was making arrangements to give the trunk up when the affair took place. He thought it would take $1O or $15 to repair the damages to his window.
 Short arguments were made on both sides, by Mir. Cable for the State and G. A. Tyler for the defence. Judge Deming said that no one had right to take their own property when a breach of the peace would be con- mitted thereby. His sympathies were all WuO WOE6 pldC0u Dy GAe4A hard luck in such an unfortunate predicament, therefore he would make the fine only $1 and 1 costs. This amounted to $7 97, which amount was paid by friends of MT. and Mrs. Bown. Mrs Annie Smith, wife of George Smith of Birmingham, who was arrested for passing counterfeit money recently, was tried before United States Commissioner Johnson T. Platt yesterday. Mrs. Smith was defended by James P. Pigott The indictment charged her with attempting to pass. March l, cer- tain counterfeit 10 cent coin upon Andrew c. Pratt, proprietor of cigar and tobacco store in Birmingham. Mir. Pratt was the first wit ness. He said that Mrs. Smith bought store one evening about five weeks ago and offered in exchange 8 ten cent piece He told her it was bad. She said she had no other money, that she got it over at NIT. HaskelPs store on the corner, and would exchange it there for good piece and return and pay for the snuff. She went out taking the snuff, but did not come back. Before her visit that day the witness had been warned by Chief of Police Martin that small counterfeit coin was in circulation in the town.
 Freeman Haskell, proprietor of toy and variety store in Birmingham, testified that the prisoner never came to his store to return any counterfeit coin.
 Chief Martin took the stand and described
 
 house. In searching her house for counter felt coin he found pot in which evidently metal had been melted and also counterfeit coins and apparatus for casting them.
 Theodore Forrest testifed that he had known the Smiths 8 year and about two months ago, while at their house, saw Smith make counterfeit coin whi Mrs. Smith was passing in and out of the room. Mrs. Smith, however, appeared to have no hand in the work.
 Officer Gaynor testified to finding a bad five cent piece in Mrs. Smiths work basket.
 In the story told by the accused in her own defence she claimed to have got the counter felt ten cent pieces she offered at Pratt's store at Haskelrs store in change for twen- ty- five cent piece.
 Commissioner Platt briefly reviewed the case, finding that the government had failed | to show that in the single instance where Mrs. Smith was accused of passing bad coin she knew it to be bad. Neither was it by any means certain that she knew of her husbands | counterfeiting practices, as she was evidently 1 an ignorant woman. He gave her the benefit 1 of the doubt and discharged her.