Evening journal., 1890-05-15


William Il. Pierce, who was to appear,
was called, but did not appear and had
his bail forfeited. Thomas Farmer was
his surety. Lena Robinson, charged with
the larceny Of pair of shoes from Mary
I. johnson on April 8, pleaded not
guilty. A Jury was called, but rendered
verdict Of guilty without leaving the
jury box. She was sentenced to two
months imprisonment and fine of 81. -
In the case of George Il. Price, ,colored,
charged with the larceny of five chickens
from Isaac Laws OF Townsend; the same
jury was sworn Laws swore that he saw
Price at his chicken house door. Two
other witnesses swore that they were
with Price on the night of the theft.
Price questioned each of the witnesses,
and succeeded in clearing himself, al.
though he stammered very much.
The jury was out but few minutes
when it returned a verdict of not guilty.
When the prisoner heard the verdict his
eyes lightened up and turning to the
judges said: "Thank ye, boss; Is very
much oblge.' He then turned to the
jurymen and said THANK you, gentlemen,
I'm very much obliged; indeed | am. He
was then told by the chief Justice that
he WAS at liberty to go when and where
he pleased. A great deal OF laughter was
created by the hearing of this case.
The jury on the case of Claude L.
Heilman, charged with the embezzlement
of $27 from the Metropolitan Insurance
Company, returned about 4.15 o'clock.
but as it could not agree was dismissed
until II o'clock this morning.
About fifteen minutes later, the jury
on the case of Andrew Devsr, charged
with improper conduct toward little
girl on one Of the trains, came in, but as
it could not agree, was also discharged
until 10 o'clock this morning, at which
time court adjourned.
When the jury in the case of Lena
Robinson was called tAree newspaper
representatives were sworn in. Among
them was William r. Long Of the Daily
Republican and candidate for coroner.
Instead of placing his right hand on the
Bible he put his left hand on it while
taking the oath. His attention had
to be called to the fact by Chief Justice
Comegys A gentleman made the re-
mark that, inasmuch as he was a candi-
date for coroner, the sooner he learned to
swear with his right hand on the book
the better would be his chalces for cleo
tion.
ANS . HNtnltns
Court convened at 10 o'clock this
morning. Among the lawyers inside the
bar were Senator George Gray, Levi g.
Bird, Harry Emmons, Alexander b.
Cooper, William Q. Spruance, Judge j..
Frank Ball, L. @. Vandegrift, City
Solicitor Henry Clay Turner A great
many liquor dealers were in the audience
expecting the opening of the license
cases.
James Peyton pleaded guilty Fto the
| charge Of larceny and was sentenced To
two months Imprisonment and to pay $11
and costs.
Charles Wright, who had been held
for court on the charge Of assault and
battery, had afterwards been released
/ through the disposal of the case BY
mistake the commitment was sent to the
grand Jury, aud an Indictment was
found. Witnesses were summoned and
then it was learned that the case had
been settled A nolle prosequi was en-.
tered at Attorney Biggs's le-
quest.
The jury having disagreed in the case
of Andrew Dever, he was held in $500
bail for his appearance at the September
term.
Heavy Fine for Gambling.
Daniel p Simmons, colored, charged
with keeping a gaming table, was repre-
sented by Harry Emmons. The defence
challenged one of the jurors. Thomas
Slack was made foreman Deputy
Attorney General Davis stated the case
that on February 90, Daniel P. Simmons,
hostler and stableman for John p.
Springer, had charge Of a game of stud
poker, in which John w. Houston and
others took part
John w. Houston was the first wit.
ness for the state. He testified that on
the date mentioned he and others played
stud poker, Dan Simmons, officiating =
He saw the prisoner take the draw board
from the table, which was door on a
barrel The ante was cents On cross
examination he said that he saw Sim
mons take money out of the game twice
and maybe three times.
The state here rested, and Mr.. Emmons
told the jury that he was going to prove
that no game was played at the place,
and on the day mentioned John P.
Springer, eA clerk of the peace, testified
that Simmons had good character; that
he was i'll on February "a. Mr. Emmons
held from this that he must have been
sick on the 23d. Martin J. Springer
testified that Simmons was bro
ken out in rash, that looked
like the measles. Howard Rice
testified that he did not play there on
Sunday, February IL, but he had played
social games on previous days. On cross
examination he said he saw simmons s
hand in the pot, making change" IN
reply 20 questions by Mr.. Davis he said
he had been convicted in court for gam
bling.
Edward Petty, Alfred Bell and Harry
Anderson, testified for the defence, that
they never saw any drawbosrd taken
The defence rested.
The state called Chief of Police Will
liam \. Swiggett, who testified that
Simmons had reputation for liking e
keep gambling table. He was slip
perry man. Deputy Clerk OF the Peace
! Osborne was placed on the stand and
, read the records of the court, showing
that Simmons had been before the court
three times; on two cases he WAS ac-
quilted, and the third was nolle pressed
Mr.. Emmons addressed the jury fol
the defence and Mr.. Davis for the state
The latter referred to the colored wit
Eesses of the defence as professional
gamblers, screening Simmons because be
kept the table for them.
The jury was charged and retired Al
10 10 o'clock. 1t returned in ten minute:
with verdict Of guilty. simmons wa:
sentenced to pay hae of $500 aud costs