Evening journal., 1891-02-04
LAST EDITION
SUPERIOR COURT CASES.
MR.. NElLDs WISHES The COTTON
CASE POSTPONED AGAIN.

No Says A Material Witness Is III-Mr
Biggs Remarks That the Illness il
Toothache-Colton Given Until 3
o'clock-Indictments and Sentences ar
This Mornings Session.
At yesterday afternoons session Of
county court the case of the state VS.
Lew Purneil, colored, charged with
assault ana battery with intent to kill,
was concluded. Mr.. Carpenter made a
strong plea for the defence and Mr.
Woolley argued for the state. after which
Judge Cullen charged the jury A YER
dict of assault, only, was rendered aud
the prisoner was sentenced to pay fine
OF SlOO and costs and be impri soned one
year
The arson case OF William Mcpherson
was continued until this morning be-
cause Of the absence of some material
witnesses. Thomas Turner pleaded
guilty TO the larceny of a pair OF shoes
valued at 81 and an Overcoat valued at
$50. He was sentenced TO pay the costs
Of prosecution, to be whipped with five
lashes, and to be imprisoned for two
months. Court then adjourned until
this morning.
The Superior Court convened tbis
we're consumed in the reading OF TIE
new cases listed for trial Of which los
were continued, % passed, 6 discon
tinued, 3 settled and 12 set down for
trial.
In the case Of Franklin B Cotton.
charged with refusing to accept the vote
of Louis Destsfhne, qualified voter on
November 1, Benjamin Fields asked for 4
continuance of the case on the grounds
that a material witness, James Nc
GlaughliD, was III and unable to attend
in court also because political feelings
had not yet subsided. and
It woulf be impossible for Jurors
imbued with political passions TO give
the case thorough and impartial sift-
ing His client was man OF means the
possessor of considerable property. and
member of the City Council, so that the
cort nuanee Of the case woald not prove
prejudical to the state
Attorney General Biggs strongly op.
posed the continuance. The case had
been deferred from the last term Of
court with the understanding that il
would be taken up now. Then the ma
terial witness was J. Eldridge Pierce
now it was James mclaughlin. whose
disease Amounted TO somethinp like
toothacbe. He asserted that the case
could not 60 over until the next term
without prejudice to the state He did
not see what political passions mad to do
with the case
Justice cOmegys = Nothing what
ever"
In conclusion Mr.. Biggs earnestly
pressed for tsial at this term. Nj
Nields reiterated his request for a con.
tinuance. J. Eldridge Pierce was gone
he said, and it would scarcely be benefi-
cial TO his health did he return but they
had no more control over his going than
they had over the sickness of Mr.. Nc
Glaughlin.
The court said that the only grounds
on which they weuld entertain a motion
for new trial would be the unavoidable
absence of a material witness Mr. Cotton
would be given uAtil o'clock this after
noon to endeavor to get his witness. when
the motion to continue would again be
considered.
James Wiley, colored, indicted for
burglary and larceny, through his coun.
plea of not guilty and entered a plea of |
guilty, asking for the mercy of the court
He was sentenced to 800 fine and costs |
to stand one hour in the pillory and be |
whipped with twenty lashes on Saturday
next, and to be imprisoned one year.
Spencer Greenwood, colored, indicted
for larceny. pleaded not guilty John |
Sawdon, colored, pleaded guilty to the |
larceny OF some carpen er tools, and |
asked for mercy, this being his frst
offence. Luke Naylor pleaded to stealing
an overcoat, and asked for mercy |
OF the court, this being his frst |
offence. Charles Souders pleaded guilty |
to the theft of a pair OF boots, and |
Andrew Reed pleaded guilty to stealing |
a pair of rubber boots. Randolph |
Walls, boy. 16 years old, pleaded |
not guilty, aud Andrew Read pleaded |
guilty to the larceny Of a pair of shoes |
Henry Carter pleaded not guilty of |
assault with intent TO kill Charles John-
son, and Charles B. Evans, ESQ, was
assigned to defend him. William /
Moore and James Maloney pleaded |
not guilty to the charge Of assaulting /
with intent TO rob Frances Walker and |
Walter Hayes. Esq, was assigned to |
defend them. Luke Naylor, for larceny, 1
was sentenced 10 pay $4 restitution /
money and costs, imprisoned two months /
and be whipped with Eve lashes. John /
sawdon, eoiored, was sentenced to pay
81 restitution money to be i'm /
prisoned two months and to be |
whipped with seven lashes
Charles Souders, colored, was sentenced
20 pay the costs Of prosecution, 81 resti- |
tntion money, be imprisoned two months \
and be whipped with FIVE lashes.
Walter Hayes, Esq, counsel for |
Peter &. Bell, who g indicted II illegal |
voting in the Twelfth distrist, stated that |
his client had not yet appeared but he |
was confident that he would do |
so next Monday, as he was labcring |
under the impression the court did not |
sit until Monday next. he said that all |
the witnesses in the case had |
been subp@naed and all were |
ready for trial and he would |
gladly go on at once with the case. He |
petitioned the court to relieve his bonds |
man If Bell appeared for trial on Monday.
Court then took q recess until this after |
noon.
q all.......-.