The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-11-17
A FIGHT FOR ~s1LL- sMIrH.
The waycross Postoff1ce Attempted
Burglary Case on Trial.


Burglary Case on Trial.
The case of the United States against j.
n. Williams, alias "Bill" Smith, charged
with an attempted burglary of the Way
cross postoffice, is assigned for trial to-
morrow. Williams, who Is colored, was
before Commissioner Gillespie some time
ago. and was committed to Jail in default
of bond after a preliminary examination.
Williams was discovered in hiding under a
counter in an unoccupied store room, in
which there was an apartment par-
titioned off as pOstoffice. There
we're found under the counter Ratchet and
revolver.
w. S. Chisholm, Jr., counsel for Will
liams, demurred to the indictment, and
argument was heard yesterday up to the
time of recess. A further hearing was
postponed until last night, when District
Attorney Erwin argued against the
demurrer, and Mr.. Chisholm in his closing
argument was stopped by the court with
the suggestion that the evidence be first
heard and that counsel might then demur to
the evidence. On the courts suggestion
Mr.. Chisholm took an order withdra wing
the demurrer, although he felt quite con-
fdent the court would sustain him.
Mr.. Chisholm held that there must be a
Joint operation of act and intention, some
act done in execution of the Intention;
that the word attempt in the most
charitable Interpretation must mean a trial
TO do a particular thing. An attempt, he
argued, implies more than q purpose
formed. Some step toward consummation
must be taken before the intention becomes
an attempt. An attempt is to make an
effort to effect some object; to make trial
or experiment.: to use exertion for some
purpose. Mr.. Chisholm argued at length
to show what an attempt is under the statute,
and the indictment not setting this out, is
not clearly good and the prisoner should not
be held. %He held that it is not enough to
charge an attempt merely, but both the in
tent and the overt act must be specially
alleged, and this was not done. He also
held that the government has not the juris-
diction to try the prisoner, as he had not
broken into the room occupied by the gov
eminent as a postoffice, but was in an IN
used storeroom, and that it he was in the
room for the purpose of larceny it might
be to steal from that room and not from the
postoffice room. He cited decision to
show that the United States had no juris-
diction in such cases, but Judge Speer said
he was familiar with the case and differed
with the attorney.
District Attorney Erwin argued the case
at great length. He held that 1t is one
coming under the province of the court, as
U1e room III WHICH Lne prisoner was IOuuu
is under the protection of the government
as much SO as the postOffice room in same
building. The court also took this view of
the matter, and cited a case where 1t was
held that the United States could try a
prisoner charged with illegal acts at an
election where a congressman was being
voted for at a state election, although
the act complained of did not affect
the member of congress, but one Of the
state officers, but as it was a government
election, the integrity and purity of the
elections must be maintained as it was
under government protection, and that in
line with this decision, if any part of a
building, in which government property is
stored, is entered with burglarious intent,
the building being under the protecting
agis of the government, tits a case in which
the United States courts may be invoked
to punish the burglar, although he may not
have succeeded in entering the postoftice
room, the presumption being that if he
entered building to steal he would steal
from the government if he found anything
to steal
There were many strong points in the
argument for the demurrer, and for q
while it looked as if the young lawyer
would win in the preliminary skirmish.
He will, however. demur on the evidence,
as suggested by the court that he might do,
the demurrer having been withdrawn with
out prejudice.