The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1885-04-21
CRIMINAL COURT.
A Very Curious Case With a
Curious Ending.
William Harrah Comes to the
Front as a Philanthropist.
FitzsimmOns Wants a New Trial
Other Cases

| DAY until 1l,0 CLOCK OWluf 10 Tie IL eplIlsf
If Judge Ryland to reach the city, the
train bling late. The grand jury returned
a number Of true bills, among which was
one against VIM Rhodes, who was brought
in Sunday from Kans IS City. He is charged
with stealing and selling cav belonging 10
Judge John Baker. On being arraigned he
waived formal reading of the indie ment
and erteied plea of not gull y and was
remanded TO aSSil his turn on the docket.
C.. ii. Holland and James c. Norton were
srraigrei for keeping gaming deyic S.
Hollands case went TO jury and Norton
applied for ard RI ceived change of venue.
John Fiizsimmops filed motion for a
new trial of his case which was decided
Saturday, and the motion taken under add
Viscm-nt
john s. Elliot YVES arrsigned on the
charge of seduction under promise of mar
riage By agreement his case was continu-
ed un il next term of court. he entering in
to bend iri the sum of 81 600 with his father
as surety.
George w. Dixon was arraigned for Ike
irg gamb ing house; a jury impaneled;
the case heard and verdict Of not guilty
rendered.
William Taylor, who WIS charged with
a like offence, was discharged, the prose
cutting attorney entering a nolle prOsique.
THE QUEEREsT CASE
was that of James O'Donnell, who was sr-
raigped on an indictment found by The
grand jury, charging him with having re
fused to properly certify to his tax assess
ment return. Mr.. ODonnell is az old
white haired citiz.n of Est Sedslia and a
man of good -epUte. The case being called
he came forward and entered plea OF not
guilty, waving formal reading of the in.
dictment. Attorney Lamm then rose and
sts ted that it he'd been agreed TO waive
jury in the case and that the evidence should
&c submitted without argument for
tfe decision of tire court. The prop.r
entries having be. made
ASSESSOR ]. W. WALKER
was called 10 the witness stand. He stated |
in substance that sometime LAST August he |
had called at the residence of the defendant |
in East Stdalia for The purpose of taking |
bis sssessm. Mt. The defendant had met |
him very courteOusly and given him, as he
full statement of his assessable
together with its va'ne. The
witness had enter.d the pane upon the
Usual assessment blank and when complex.
d, hinded it to Mr.. O'DonnelI for his sig
nature and oath. The latter resd the form
md said: "lhis is, bt lieve, sn affidavit
n ca h you desire me to subscribe to-"
B. ing answered in the affirmative, Mr..
0'Dopnell sad:
u CANNOT SWEAR
Mr.. Walker replied, "If you have con-
scruples You can affirm" "That
5 the same thing" replied Mr.. O'Donnell,
and refuse to do So" Mr.. Walker stat
d the law to Mr.. ODonneil bat failed 10
induce him to make any proper certi6catiou
o the assessment list. This ended the
and when Mr.. O'Donnell was
sked to make his defense, be simply re-
lied,
"THAT Is THE TRUTH.
ir. Walker has stated the matter exactly
IS il is and have not a word to add or to
etract from It,"
"Why did you not subscribe TO the eff
davit?" ask. d Judge Ryland.
because do not think it is right to
wear or affirm"
"Do you belong 10 any sect or society
hat forbids Its adherents to swear or af-
rmw
"No, sir, / ana a Catholic and belong to
o societies"
"Well, Mr.. O'Donnell, the court fully
ympathizes with you in your carefulc ess
bout swearing. and appreciates your con-
,ientious scruples. Ii is only to he re-
retted that many who do swear do not
ossess your regard for truth, even under :
ath. But the law exempts no man up N
lch plea. But as il is evident that the re
rs no intention upon your pr It TO defy {
ne law, but only a sincere conviction of ,
uty, shall impose upon you the lowest
enalty the law will permit for such an in. {
-aclicn, which is $40 fine" '
1 WILL HAVE TO GO TO JAIL, THEN, SIR"
lid Mr.. O'Donnell, "as canrot pay it." /,
"Cannot the fire be RENTED, your hon. ,
r ?" asked Attorney Lamm, who seemed ;
, be much moved by the old mans sim !
lic;ty and mepkness. =
THAT remains for the governor to say" =
,plied Judge Ryland. 81 have no iuris- /
lotion in the matter. My duty is to en- !
'rce the lsw and this an arbitrary matter |,
it'll me-"
Mr.. Walker in'erposed plea that he !
Ould like to see the fine RENTED If posi- :
lie, At this jupcture 8
BILLIE HARRAH,
no had sat quiet spectator outside the I
ar, rose from his seat and making his way E
Mr.. ODonnell, placed twenty dollars in i
is hand, and tur. ing hurried back TO his i
at.
But Mr.. OiDonnell, lettering TO bis feet,
Flowed him and re'u ned the proffered /
d, declaring be would not sccept it. Q
"HaveI rot the right to pay nybody's /
ne?" asked Mr.. Harrah of the Judge as l
Ir, O'Donnell got back to bis seat.
you have" replied Judge Rylard.
Then your honor desire TO pay this
d gentleman's fire. / cannot Iest and I
DOW he is in Jail"
"The clerk will enter the proper credit. Q
on will settle with the sheriff." L
And Mr.. Harrsh went the sheriff's Office
id paid it.. Altogether the scene was sipgu-