The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-06-11
KELLY BOUNCED OUT.
THE OGEECHEE DISTRICT MINUS
A MAJEsTRATE.

Penalty.
Paul Kelly, the colored magistrate IN the
Ogeechee district, was convicted in the
superior court yesterday Of malpractice in
office, and was sentenced TO pay a fine OF
500, or to six months imprisonment in the
county jail, and was removed from office.
This carries with it Acknowledgement.
Section 2 of the constitution of the state
of Georgia provides that THE following
classes Of persons shall not be permitted to
register, vote or hold any office or appoint
ment of honor or trust in this state, TO wit:
/. Those who shall have been convicted in
any court of competent jurisdiction Of
treason against the state, of embezzleme mt
of public funds, malfeasance in office,
bribery or larceny, or of any crime involv-
ing moral turpltude, punishable by the laws
Of this state with imprisonment In the peni-
Tertiary, unless such person shall have been
pardoned."
The jury was not in the room TO exceed
three minutes, when ballot was taken and
every juryman voted guilty. No recon-
mendation was made for mercy by the
Jury, but Hon. 7. w. Meldrim made an
earnest appeal to the-court for his client, to
which the court alluded in sentencing the
prisoner, Judge Faligant adding that he
had made the sentence as light as he could
consistent with his duty.
KELLY's oFFENsE.
The offense for which Kelly was con-
victed was for taking $25 from the late
George Kuck, a West Broad street saloon
Keeper, and dismissing charge against the
defendant of keeping tipping house open
on Sunday. 1t appears that James
Williams (colored) had sworn out warrant
Ill aka,-
ing his saloon open one Sunday in October,
1889. Kuck gave bond ITO appear at Judge
Keily's court of Ogeechee in the term of
January to answer to bill of indictment"
rather new procedure in country Justices
court. The substance of the testimony
will more fully explain the facts.
James Williams (coloredl was the first
witness for the state. He said he had taken
out a warrant for Kuck, and on Jan.
s, the time fixed for the examination, he
reached Kelly's office at 1880 O'Clock in
the morning. Kelly was on the bench, and
the other gentlemen, Z. A. NJ. Schroeder
and George Kuck, were present. Kelly told
the witness that he had dismissed the case
and Williams told Kelly that he couldn't dis
miss ''felonious casen and he would carry
it 10 a higher court. He then saw Kelly,
Kuck, Schroeder and Lymus Green. Kelly's
special constable in the back yard of Kelly's
Kelly, but he didn't know what it was
TWENTY-FIVE DOLLARS SETTLED THE CASE.
E. A. NJ Schroeder, who was on Kuck's
bond for his appearance before Kelly, was
the next state witness. He stated that fact,
and he testified that on Jan. s he went out
TO Kelly's office with Kuck; that after
conversation between Kelly aud Kuck,
Kelly took the bench, and at $40 o'clock
the case was called and Kelly dismissed it
on the claim that the prosecutor was not
present; that witness, Kelly and Kuck and
Lymus Green went out In the back yard,
where Kelly told Kuck that the case would
be settled, as there was no prosecutor
present: that Kuck then gave Kelly
$25 to settle the case and Others which were
against Kuck for resisting arrest, and
against Mrs. Kuck for interfering with
legal process, and he gave Lymus Green IS.
The witness said that Kelly wanted more
than 1926, but Kuck wouldn't give him any
more, as he had previously paid 50 or $i2
for drawing bonds. The warrants and
bonds were at this point introduced in evil
dence by the state, and the bond of Mrs.
Kuck was worthless, as the warrant was
not signed by the prosecuting witness.
The first witness for defendant was Abra-
ham Staley (colored), one of Kelly's consta-
bles. The witness swore that Kelly opened
court at II 40 o'clock; that the prosecutor,
James Williams, was not there, aud that
Kelly said the case would be dismissed, and
while Kelly was going on with the next
case Williams came in and Kelly told him
he had dismissed the case, when Williams
replied that he had no right to do so, as it
was felonious case Before the case was
dismissed witness saw Kuck, Schroeder.
Kelly and Green go aside and talk to each
other, and after the case was dismissed all
four OF them went out into the yard. but
Staley didn't know what transpired be-
tween them. Staley said he got none of
the money.
CONSTABLE GREENS STORY.
Lymus Green testified that he was the
arresting officer and had a great deal of
trouble in arresting Kuck, and after he was
arrested he gave bond. Green said IT
was II As o'clock when Kelly opened court
and Staley called "Jim Williams, Jim
Williams, Jim Williams, free times, and
Jim didn't answer. and Kelly said ne would
dismiss the case for want of prosecutor u
Green said he had case against kuck for
resisting legal process. and Kuck had
begged him to drop it. and the witness
told Kelly he wouldn't prosecute it. Green
testified that after Kelly adjourned the
court he went out into the back yard fol-
lowed by Kuck, Schroeder and
witness, and Kuck handed witness
50 because he had dropped
the prosecution. Green handed it to
Kelly, stating that he didn't receive money
for settling cases, and Kuck told Kelly to
keep it and treat the boys, and Kelly, Green
and two other colored men who had assisted
witness IN arresting KucF went to a saloon.
Green didn't drink, and Kelly gave him
II 70 OF the So, and bought whisky and
cigars and treated the Others Green
didn't see any money pass but the IS.
Kelly's next witness, l.. B. Toomer. who
wrote up Kelly's docket in red ink to be
taken before the grand jury, testified that
1t was 1918 O'Clock when Kelly called the
case and had Jim Williams called, and.
Williams not appearing, Kelly said he would
dismiss the case for want of prosecution.
The witness didn't know what had passed
between Kelly, Kuck, Schroeder and
Green, as he had left them at the office.
KELLY's STATEMENT.
Kelly made a statement to the effect that
he knew Williams by reputation only, and
didn't know at the time that Williams had
been ION the gang" for larceny. Williams
took out warrant against Kuck for keep
Ing open tippling house on Sunday, and
Kuck came out to his office and gave bond.
He asked what would settle the case.
and Kelly replied it couldn't be settled
that at II :45 on June s the case was called
for trial, and, as the prosecutor was
not there, he dismissed the case
Tor want of prosecution. Kelly
said he had notified Williams to be there on
that day, and the only excuse Williams