Evening journal., 1891-02-03
LAST EDITION
COLT0N'S CASE CALLED.
THE TWELFTH DISTRICT INSPECT OR
MUST STAND TRIAL TOMORROW.

Peter n. Bell, Charged with Illegally
Voting, Does not Appear ana Edmund
Mitchell, ais Bondsman, is Called Upon
for His Bail-Argumeut in the coltoa
Case--Levi PurneIl on Trial for as
sault with Intent to KIN.
At the afternoon session of county
court yesterday, number of bills were
given to the grand jury and it retired
Benjamin Nields, Esq counsel for
Franklin B Cotton in the Twelfth dis
trtt election cases. announced that he
would move to squash the indictments
against his client Dr. M j. Hughes
testified that James Mclaughlin, q wit
ness in the cases, was too i'll to appear at
this term.
The case Of Daniel Shute, for driving
off a gelding belonging to John X. Gala
han, without the latters knowledge or
consent, was then begun. Branch X.
Giles appeared for the state and Shute
conducted the defence. Officer George
NJ Raymond testified to she arrest Of
Shute with the team in his possession
John K. Callahan testified TO leaving the
team in front of the Western Hotel
whence it was driven off The
R%ASS-NA 1b1hoA bhab aA blb ItuuESb OF
two other men he had consented 10 drive
the team back to the stables, where they
had found it, He had been in Jail since
November. The jury rendered Il verdict
OF guilty with a recommendation to
mercy He was sentenced to six months
imprisonment and $50 fine.
The grand jury returned several true
b lis at o'clock. H. e. Turner, ESQ
counsel for Henry Spoerl, charged with
iewd treatment of child, asked that the
case be continued until Thursday, His
request was granted Court then ad
journed for the day.
Court reconvened at 10 o'clock this
morning. Henry Ward plead guilty to
driving off a gelding belonging to DR.. J.
Paul Lukens. He was sentenced to be
imprisoned six months and to pay a fine
of $50
Benjamin Nields, ESQ, counsel for
Franklin B Cotton. moved that the in
dictments be quashed. The indictments
are against Cotton for willfully refusing
to accept the vote of Louis Distepti a
legal voter, and for accepting the vote Of
Peter a. Bell. an illegal voter; as presid
ing officer in the Twelfth election district.
Mr.. Biggs opposed the motion and long
argument ensued between counsel as to
the provisions of the statutes ia relation
to the qualifications OF q voter
The court recited that there was no
reason why the case should not be tried
The dafendsnt, ii there was no intent to
commit fraud at the election, would be
fully prepared to meet sll charges made
against him The indictments against
the defendant were very serious. and it
was absolutely necessary to
preserve the purity Of elec
tions, to prosecute all cases where
such grave charges were made and sup
ported against an election officer
Ar. Nields continued by citing several
cases and rulings where II was acknowl.
edged that an election inspector had
the right to refuse any vote.
which ln his iudg nent, was an Illegal
one, and to accept auv vote which Wis
as he thought. illegal His client be
said, had no intention OF refusing a legal
vote or accepting an Illegal vote. and if
he had done the same, which he thought
he could disprove, his rulings we're
simply to discharge his duties with
fidelity.
The court did not sustain the argu-
ments of Mr. Nields, and decided that
the case should be taken up Mr. Cotton
was called and he entered the railing and
took seat beside mis- counsel Mr..
Nields stated to the court that he could
not go on with the case without
an attachment was issued for james
Mclaughlin, one Of the most i'm
portant witnesses who ia i'll BE stated
that if the court would grant another
postponemsnt until tomorrow morning
at 10 o'clock. he would attempt to have
the witness appear, and then be ready to
proceed with the case The postponemeut
was granted.
The case of the state VS. Peter 9. Bell.
for Illegal voting ia the Twelfth district.
was then called. Deputy Clerk Eliason
called out Peter Fl. Bell, in loud tones,
three times. but there was no
answer. His bail was declared forfeited,
and the bond. which was fer $500,
and signed by Edmund Mitchell, Jr.
was read to the court. capias. re-
turnable at once, was issued and placed
in the hands of the sheriff Attorney
General Biggs stated that he was ready
to proceed with the case Of Levi Purnell.
co'ored, charged with assault and
battery with intent to kill David Leader
Frank Z. Carpenter. Esq, counsel
for Purnell, asked that the state accept q
plea for assault Only. He stated thst
there were no witnesses TO the affray aud
that it was but q rough and tumble
fight. The ples was not accepted and
the case was procaed with. Branch Il
Giles conducted the prosecution.
David Leader testified TO the assault
having been committed in his house on
December 29, and identified a tea kettle
and broken knife as instruments used
by Purnell in assaulting him, and with
which he was beaten into a senseIess con.
dition. The attack, he said, was
made on him because he at
tempted TO check a quarrel between
Purnell and his alleged wife. All were
very drunk officers Burleigh and
Walker testified to arresting Purnell. and
to finding Leader lying in pool of blood,
unconscious, with many pieces
Of furniture in the room de.
molished, DR.. ]. H. Bradford
swore that there were eleven cuts and
many bruises on Leaders body, and that
cut on the chin, having severed an
artery, would have caused death had not
the man received immediate attention
John Lancaster pleaded guilty to steal
ing pair of shoes, and was sentenced
to one months imprisonment, pay 81
restitution money, and be whipped with
five lashes on Saturday next. Court then
took a recess until this afternoon
Lecture In Brownson Library Hall.
T. NJ. Daily, president of the Irisf
Catholic Benevolent Union. and Martin
I. ). Griffin, general secretary of tbs
or,1 II q 7 u