Daily Republican., 1884-12-08
EDITION,
Municipal Court.

/ WueTo tucy hAW buoiu ouNt SAioou.
The officers then went away, bul
shortly afterwards saw three Of the
gan Z, consisting of Kirk, John LonS
! streets, making consider able noise. This
lofiicera went over to them, and tolt
them to 20 away, and upon their DO.
looming impertinsnt, undertook to ar.
rest Kirk, when he resisted, and OH cor
Tibbitt struck him. When the OH
cers got TO Sixth and Pine street,
Nth their prisoner. they received
Ia shower Of cobble stones from tn,
remainder Of the gang, aud officer lib
bitt drew his revolver but did not FIRE.
After Kirk WAS taken to the hall, .
large three cornered stone was found II
his pocket.
i Kirk was represen ted by Harry Em
mons, ESQ, who called several witness
~ TO prove that X irk was one OF th,
most inoffensive young men in the city
Charles Crossman, who was summoned
IS q witness, did not appear, and tn,
j Judge issued an attachment on which
he was brought into Court. The Judge
warned him tina, Il he did not appear
II he should ever b. u.Oaed again
he would impose . fine, aud let him OF
with the costs.
Whom the evidence was all H., Nr
Emmons addressed the Court, and said
that In his opinion the arrest was with
! o 1t any cause, and that he thought II
any one WAS punished 1t should be the
OH GERS. Mr.. ShaIpley also spoke In
defence Of the prisoner, and was follow.
81 By City Solicitor Turner, who said
the evidence plainly showed that one
SIDE UT the other had committed per.
jury. and be felt like throwing the
responsibility Of deciding the case on
the Court. He was not prepared "a
believe that the officers arrested this
man through any spite, neither would
he believe that they had gone on the
sta nd and perjured themse YES.
The Judge reviewed the evidenc e, AZ
said that In his opinion the arrest Wa
unauthorized, and dismissed the case
The case Of John Long, who was ~.
rested at the same time, was continue
uutil three o'clock this afternoon.
| The case OF Joseph Bellah, charged
/ aiih Resisting a writ in the hands Of a
constable, was then taken up for trial,
and Cor stable Pritchett testified thai
1T had "A writ placed IN his hands by
Squire Vandegrift, authorizing him I,
aevy on goods belonging TO Joseph Be |
ali, 10 satisfy an execution for 800,
i.sued at the suit of u. James Belt.
| lie pr 'ceeded to Mr.. Bellah's house
at No. 5l2 West Sixth street, on tn,
l3lh of TINS month, and, after ringinl
the bell, stepped inside the hall. In /
minute or so Mr.. Bellah came out, clos
ing the vestibule door after him, anC
when the witness told him that he hac
come TO levy on his goods, he pusheC
him out.
The witness undertook to watch tn,
house, but was induced by the attorney
for the defendant TO go away. He hal
not been able TO get into the house I,
make a levy since that time, although
he had been there several times, bu
always found IL locked up. The wri,
was issued on the 1st of October, and
as the witness was unable to serve It,
and make the levy within the thirty
days p escribed ty law, he WAS now
'"h'rred fiom doing NO.
This closed the evidence for the prose
cation, and Harry Einmons, Esq,
who represented Mr.. Beliab, called
Mr.. Belt to the stand and had him
identify letter which he had written
10 Constable Priichett, Informing him
OF an interview he had with MIR. Bel.
alb. aud authorizing him To use his
best judgment in collecting the money.
Il In reply to City Solicitor Turner, Mr.
Beliah said t at the debt has nor ye,
been paid, and that after the execution
was Issued, he left the matter III Mr.
Pritchetts hands.
Thomas Il lascow, coloIed, test. tieu
that he was sweeping q pavement uext
door when Mr.. Piitchett came up to
Mr.. Bellah's door, and that he saw Mr.
Bollah when he came ost, and that b,
did not see Mr.. Bellah toucn Eim OF
push him out.
He heard the men quarreiling, AND
heard Mr.. Pritchett say that he woult
be ID if he wouldn't. They stooC
and talked about hal al hour, and the I
Mr., Beilah went In the house by way o
the front door.
Constable Pritcbett was re-. called BY
the Court, and again testified that MIR
BEL iah pushed hinl out, and also tina,
when he went 10 the house the window
were open, but while he was talking u
{ Mr.. Bellah, some one closed the shut
ters from the inside, and that when Mr.
Beilah returned to the house he went il
the back way.
Mr.. Turner, In summing up the case
SAID that When the constable with ths
, writ had entered the. hallway of Mr.
oeiIaL house, Notwithstanding tn,
y lat that the vestibulo door waa locked
he was to all int-nts and purposes il
the house, aud Mr.. Bellah haj no RICH
TO eject him, He said he thought til,
Court Should make an example in thi
case by imposing fine, or fine ant
Imprisonment sufficiently heavy u
deter Others from doing likewise.
III this was not done, there would b
no use in the future for courts ID
lsn'ng writs, or executions for debts, an,
i. an man need do would be To contrac
an the debts he could, refuse TO pa,
them, and then when an officer cam
: - levy on his gods, pitch him GU,
and Keep the house locked up until tb
writ expired.
lie thought that Notwithstanding tn
,act that Mr. Bellah 10 q very respecta
pie man IN this community, he shoul
oe punished severely, even TO the OK
TENT OF impris onment.
Nj. Emmons followed and elaine
mat this case WAS nothing more thu,
one OF ordinary assault and battery
ne contenled that when an officer wen
L 70 serve writ, the party ON whom
was served had q right TO lock hi
BILE. JUL" po'S
he denied that il had been prove
ina. the officer was assaulted, or thu
ne mad even obtained an entrance Z
Tue halfway. The argument was close
Dy Mr.. Turner AZ 1.30 O'Clock, when IN
ooust adjourned until O'Clock.