The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-12-23

across his chest. do you keep boys
coatsr asked the woman in timid voice.
The clerk. who was covering W the middle
counter. answered gruffiy: "Yes, but it's
too late to show them tonight" great
wave OF disappointment passed over the
little chaps face. He understood, and with
out a word he picked up his burden again.
The proprietor stood near, and the tears
that came unbidden to the child's eyes per-
haps awakened a memory, because he
stepped toward and said: Come with me;
we will see about the coat" 1t wasn't
much OF a sale for proprietor
OF q great Augusta store to make-that of
coat to little boy in faded jacket-and
after hours, too. But he fitted the diminu-
tive customer himself, and then, while they
waited for the shabby old o at 70 be tied up
in parcel, the proprietor talked with him.
It only took about ten minutes, and the boy
who wore the new coat out the into night was
the happiest boy in Georgia. When they
had gone the proprietor said to one of the
clerks: 81 was little chap once myself. and
/ was a country boy, too.n
In the district court Of the United States
at Atlanta Saturday. John NicoIson, a resi-
dent OF Carroll comfy, man so years of
age, Of considerable means and Of good
standing, was arraigned for illicit dis
tiiling. He was represented by Harry
Reid Of Reid g. Stewart E. A. Angler.
assistant district attorney, conducted the
prosecution. The jury retired, and after
remaining out abous half an hour, returned.
Have you agreed npon q verdict,
Mr.. Foreman7" asked Judge New
man Of +, B. Shepard. 1--WE have"
the indictment to Colquitt Carter. the
clerk. I'VE. the jury" read he. find the de-
fendnnt not guilty. this, the 10Th day of De-
cember, 1891" $50 say you, Mr.. Foreman"
said the clerk. 1--WE do" nodded Mr.. Shep-
ard. 80 say you, gentlemen Of the iuryp
was asked, according to the usual form.
At that instant Gus Thompson, who was a
member OF the jury, arose, and to the utter
surprise TO every one present, said: mo,
that's all wrong; wefound that man guilty"
The statement created a considerable stir in
the court. Nicolson, who had started to
go, stopped astounded. Immediately every
one was intentlY awaiting developments.
The foreman admitted that the insertion
Of the word mot" was lone by mistake.
81 remember now that did write it that
way" the foreman said, "but we had
been finding verdicts Of not guilty in the
last half dozen cases, and mechanically
wrote this verdict similarly. II you will
please hand me the indictment" said he to
Clerk Carter, II will change the verdict
and make it all right Immediately. Mr..
Reid, who had been sitting by quietly,
arose aud objected, "The verdict, may it
please the court" be said, "has been ren-
dered, and when it was published by the
clerk, passed beyond the iury's hands.
Were they to have the papers now, it would
result In second verdict that would be
contrary TO the first, which was of itself
final and irrevocable. I object to
the foremans having the papers
The defendant is dismissed by
the published verdict, and accord
ingly should be allowed to gon
The matter rested with Judge Newman for
a disposition. 1t was a strange occurrence
and q peculiar mistake, and the courts ruiz
ing was listened to with interest. Z" 1t seems"
said Judge Newman, after some thought,
that the mistake in the verdict was due TO
a clerical error. InAsmuch as the jury has
not yet dispersed and is still present Ia a
body, IL is right for them to correct the find
ing before disbanding, and for the verdict
to express the sense Of all the members"
The papers were handed TO the foreman, and
before sentence had been passed, Mr.. Reid
gave notice of motion In arrest of judg-
ment. Judge Newman gave the defendant,
who ten minutes before had thought him
self free man, four months Imprisonment
and fine of 500. Nicolson was carried to
Fulton county jail, while Mr.. Reid went to
look up the law on the matter and prepare
| to file his motion.