Daily Republican., 1888-02-10
THIRD EDITION.
Qaurt This hlornink.

AU ul0u - COuIh COhNouCO ~ ~
O'Clock this morning the jury In the
case OF Charles Vlnctut, col0reo, who
was tried yesterday for assault al b In
tent es commit murder, were ot tafgsd
By the Chiet Justice to the effect that
their consideration Of the case WAS con.
fined to the assault in the morning, ae
there Was nothing whatever to chow
that the p'isoner was at SkeRgs' place
ia the aftern
Although 1t WAS shown that stones
were merely throw O at the prosecuting
witness neither Of which struck him,
II was 30 maoh an assault rs though he
had betn hit, IS the tact OF throwing
them showed that he had an Intent TO
commit . great bodily harm on MI
6kegks. He said that they must Also
o irefully eonsidtr the evidence OF the
woman who testified that the prisoner
was with her al Of that day, as II they
believe 10 80 abb is proved.
The tury retired At Dis o'clock and
returned Rt IL O. Jlook with verdict OF
guilty OF sssault only. He was seD-
fenced to pay the costs Of pros cutiou, 3
fne Of $50 and be imprisoned six
months.
The case OF Jeremiah z Wood, In
dioted for selling NEST on King street
o ,ntrAry to the ordinance which pro
vi lea that perslAs selling meats on the
sidewalk shall first make affidavit be
Iore the city clerk that the meat vas
raised on his farm, or had been on Ii
for at least Rintty days, was called be-
fore tho court by Attorney Genera
Bigys.
Il will be rememb bsred that when THU
case was tried ut the Novemb her tern
che Chief Justice and Judge Houston
differed in their opinion as TO tle mean
log Of the market aot, consequently the
opinion Of Judge Pay yuter was an xiously )
loo Ked for. II was given this morning
aud thoogh IL was quite lengthy docu
ment vas listened TO with the closes
attention.
He said that 1t was conteuded by tn,
State that the market law was Intended
20 cover the entire space from the curt
20 the bRildinR line, while on the par
OF the defendant It was conteni nied thA
IL only applied 10 the three feet from
the curb, specined In the act, and thA
the remainder of the sidewalk WAS In
tended fer the use Of purohaters, anC
for other parties To sell goods. He ci,
not think that 1t WAS the inieD
tion Of the Legislature to enact Law
by which certain parties were cum
PEELED to comply with law, and leav,
the remainder OF the sidewalk to be Oc
cupied by other persons without an,
restrictions. The law provides thA
farmers and truckers can only use
space Of three feet from ths curb, AnI
he had no dopot that 1t was the ihten
ton that the remainder OF the sideWRl
WAS lntsndsd for the use Of purchasers
He therefore oonsld cred that the defen
dAnt had violated the market Law, and
was suOieGt TO the fines and penalties
Judge Houston said that while ht
did not iut9nd to add anything to whAl
had besn said, he thought It would b,
well for the L. gislatnfe in passing aWl
to make them mora ezphcit. lie WA
getting tired OF COZ strullg & the meauinJ
OF acts, and 10 this case especially HI
thought II shOn have been left to th,
jurisdiction Of tho oity, as 1t Is siso
violation OF city ordnance.
Mr.. b ggs then sSid tbAt 1t had breL
agreed bttWten him aud the o0uuhal tul
tue defendant that this case should /,
tried, aud the others be sui ict TO thl
decltlon In 1t, They also promised tha
II the dsIi4ion was against them the
would pay the Gusts and disoUn iau,
the business. He, therefore, enterel
nolle prose uis In al! the ether csses.
A Jury WAS then drawn and the CAS-
of Dantsl Simmons, coiored, inticte,
fos Gambling, was taken up for tia
with Willard Hail Porter, Rsq., for thi
Btate, while Simmons conducted hi
own case.
WiliAm II, Morris, C l0red, VA
swOtn, and testified that he knows TN
prisoner and bad saw HIM running
poker table at No lO2 Market street.
Albert Cooper, cOlOre1, vas sworn
but declared thai h. knew nothing
whatever Aboa. the natter.
Sergeant AcVey tesuhel that OF
Dsoenb,r I'd he rAided the place AM
found q number o; m en In II gambling
Tue prisoner WAS among this number
This was the last witness called b.
the State, and the prisoner had TnOmA
BALson, eol0red, called Tor The d fence
He testified that he was the ptoprieo .
of the place aud thai Simmons ha'
nothing whatever 10 do with it, Al,
never received any VI the money tha
was taken In,
The case WAS Eubmiltel to the lar,
without argument, Run they wttnuu
leAYioR the box rendered verdict 0
mot gull
The court rendered an opiulon IN tn
case of Thomas James Spencer or Nc
Evey, and orc cred him 10 pay his d re
wife 81 pr month.
The chief jast.ce compiimentei Al
torney General BIgRs On the ditpstc
with which the busluess h2 bt en- col
Quoted. and said that more cAses ha
been disposed OF and mJIe conviction
had than In any pfeviJus five days Q
court.
As there was no further bushes
ready, the jurors were all dischatse
until MoEday morning, and court al
journed a. Ii IS u'clocK uutll tue sam
time,
Republican Election.
Tomorrow betg cen sni p. IN. II
Republicans Of tie Ninth ward vi
hold their electil n fur @ tnImlttaemet