Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-01-11
COL. TRACY FOUND GUILTY.
"Wfth Recommendation to the Mercy
of the Court"


The case Of Col. James c. Tracey, for an as
sault and battery with intent to kill Capt. John
B. Tanner, at the Office Of Tanner & Harmon,
6l3 18th street, on the 18th of July last, was
given to the jury in the Criminal Court, by
Judge Montgomery. yesterday morning.
The judge, in his instructions to the Jury re-
viewed the claims OF the government and the
defense. The important inquiry was the con-
dition Of mind Of the defendant at the time of
the shooting. What the relations of the par
ties were before this day should not be consid-
cred, excepting so far as il might throw light
on the occurrences at the time of the shooting.
II the jury were satisfied that Tracey fired the
shot purposely, with intent to kill, and not in
self-defense, he should be convicted. If he did
not hre purposely; if he did il in the honest be-
lief that he was in danger of great bodily
harm, ne should be acquitted. The jury re-
tired at 1890 o'clock.
Yesterday afternoon the jury. not having re-
turned verdict, were directed. should they
agree, to make a sealed verdict. This they
failed to do. but about IL 80 o'clock this morn
ing 1t was announced that they had agreed. At
few minutes before noon they returned with
verdict of guilty as indicted, with a recon-
mendatlon to the mercy of the court Mr..
Harmon said that the prosecuting witness,
Capt. Tanner, who was sick. desired that any
sentence be withheld and the defendant be al
lowed to go upon his personal bonds.
CONVICTED OF B1GAaIY. - In the Crimina
Court, yesterday afternoon. John H. Simms a
colored man about thirty-fve years old, was
placed on trial on the charge of bigamy. Ii is
alleged that some fifteen or sixteen wears ago
he was married to one Emma S. Williams with
whom he lived and by whom he had eight chill
dren, and subsequently, July 4, 1886. he mar
rled one Julia Ann Payne. Testimony was
heard yesterday and to-day, and Mr.. TAYLOR
counsel for the accused, raised the point that
the case had not been made out; that the first
marriage had not been proved but he was
overruled After short arguments and brief
charge verdict of guilty was returned
STOLEN BICYCLE.-On the 2Sth of Septem-
Der last MIR. L. W. Spratiey, psymasters clerk
on the U. S. S. Dale, left his bicycle at the
grocery store of j. Sackton. No. l09 Az street
northwest, and said he would call for it in a
few days. He failed to give his name. and
failing to come for the bicycle Mr. Sackton re-
bicycle was at his store. One day several
weeks ago boy called at the store with a note
for the bicycle, but Mr.. Sackton suspected
there was something wrong and refused to de-
liver 1t. second time the note was sent but
delivery was again refused. third time the
boy called with note; this time he had re-
ceipt for the wheel and Mr. Sackton turned it
over to him. Subsequently Mr. Spratley called
for his bicycle and it was then discovered that
fraud had been practiced. The police were
notified and last evening Policeman Jordan ar
rested young man named Bernard Connell
He admitted that he went for the bicycle with
the note, but claimed that he carried the note
there for young man named Miles. To-day
IN the Police Court charge of larceny against
Council was continued.