The record-union., 1891-02-20
HALF A YEAR.
Sentence Imposed by Judge Cravens
on George Green.
The Court Thinks He Ought to Keen
''Jack'' Harris Company in the
County Jail.

VI fail to disclose any good reason why
the verdict of the jury should be dis
turbed," said Judge Cravens yesterday in
the Police Court, when the case of George
Green, charged with battery, was called.
Green was in court with his attorney,
Hiram w. johnson, awaiting the decis-
ion of the Judge on the question as to
whether or not a new trial should be
granted
Judge Cravens reviewed the entire tes-
tlmony in the case, commencing with the
assault committed by Jack Harris on
young Coffey, the mail carrier for the
Assembly, in the Capitol grounds.
1t seems to me very clear,' said the
Court, from all the testimony, that
Green was present from the commence
ment of the affair to the finish, and if he
had desired in good faith to preserve the
peace and prevent the beating, he would
have accepted the proffered assistance of
the other mail carrier, Mr.. Dunlap, and
also Controller Colgan, both of whom
attempted to interfere in the
interest of peace. These facts
strongly suggested that this defendant
was there for the purpose of protecting
Harris, while he was inftcting his pun
iSHlleuI OH COlley, ana IL ne was, he is
guilty as principal under our statute.
1t is not necessary to prove that party
actually aided in the commission Of an
offenSe if he was in such q situation as to
be able readily to come to the assistance
of his companion.
IF it is urged that this defendant is not
sufficiently identified as the person who
made the remarks imputed to him, L
think there was sufficient evidence on
this point to go to the jury, and it was for
them to say what weight it was entitled
TO. After careful review of the entire
case we are unable to declare with any
degree of certainty that if what is now
claimed as newly discovered evidence,
had been produced at the trial, it would
have effected different result.
"On cross-examination, Green's coun-
sci asked Cotfey if he employed special
counsel in the case. The prosecution
objected and were sustained, and
the defendants counsel excepted. 1t
is now urged with some force
authorize a new trial. L will not
contend that it was not an error, and it
might be error to Green's prejudice if it
had not been cured by other testimony
Of the witness. The only ground on
which the question was permissi-
the jury the state of the witness
feelings towards the defendant, and
show bias going to his credibility as a
witness. This purpose was fully acknowl-
edged by answers to other questions.
which showed that the witness believed
the defendant in some degree responsible
for the injuries he had received at the
hands of Harris, and in consequence
thereof he felt very bitter towards the de-
fendant and was anxious to see him pun
isned."
In support of his ruling on the motion
Judge Cravens cites several authorities
Green was ordered to stand up and re-
ceive sentence, and in passing Judgment
the Court said he believed the defendant
had been fairly and impartially tried, and
was afforded all the protection that the
law could throw about him.
Green was sentenced to imprisonment
in the County Jail for period of six
months.
Mr.. Johnson, the defendants attorney,
gave notice that he would appeal the case,
and was granted a short time in which to
file his statement