Evening journal., 1891-11-24
LAST EDITION
CARR CASE POSTPONED.
A MATERIAL STATE WITNESS VERY
SICK.

sentences-Five Years and Forty Lashes
Well Laid on.
Argument in the Smith burglary case
was resumed before the judges at 2. 30
o'clock yesterday afternoon. Frank d.
Carpenter ended his argument for the
defence.
Deputy Attorney General Davis closed
the argument for the state He said
Il defy my learned friend to point to
one inconsistency in the evidence for the
State. He has overstepped the line in
trying to impeach that testimony. It is
one of the most outrageous crimes in the
annals of the state. The unavoidable
absence of Amos Tucker from the box is
no excuse for the other men.
Put yourself in the place Of the vic
tins of this outrage To awaken at night
and find men clutching at your throat
1t was not housebre sking for simple lar
ceny. 1t was money or murder. If Mrs.
Angelina had not displayed that presence
of mind that she displayed here on the
witness stand, and told them that she
would give them the money they would
have all been murdered. The plot was
laid week or two before, when they
were there at work. To make the matter
the more diabolical, when Tucker was
sick the very hands of these women
whom he was threatening ministersd to
his wants 1t was well-laid conspiracy.
First comes Amos Tucker, then Harry
Smith, and then all three were seen to-
gether in Philadelphia by Officer Alexan-
der: then all the connecting links in the
movements of the men, until they are all
three in the house ready to do anything
to accomplish their ends Their voices
are heard; their faces are seen, and they
are called by name. There are threats
and at last they get the money and leave,
They are traced, arrested, identified and
brought here on reputation papers for
trial, and we ask you TO bring in a ver
dict of guilty, as the evidence against
them is Of a most convincing character. .
Judge Cullen charged the jury in
very impartial manner He told them
that they should reconcile the conflicting
testimony, throw out all evidence that
tLey did not believe and render a YER
dict accordingly. The jury retired at
4 15o'clock.
Carrying Concealed Deadly weapons
Ex Policeman William Redding pleaded
guilty to carrying concealed deadly
weapons ae was fined $25 and costs.
The Young Case Dropped
The case of the State vs. Lewis G.
Young, charged with lewdly toying with
little Jennie Hsggerty of this city was
nolle prosecuted by the attorney general
he stated that the case was tried at the
last term of court. The jury disagreed. II
stood eight for acquittal and four for
conviction. he did not feel justified 10
asking for new trial and would like to
have it dropped. dis request was granted
by the court.
A Heavy Eentence.
At 4.45 o'clock the Jury in the Smith
burglary returned to the court
room and rendered verdict of guilty in
the manner and form as they stood in
dicted. The jury was then discharged
until this morning at 10 o'clock
The prisoners seemed to be unmoved
by the verdict. Chief Justice Comegys
told the men to stand up. He told them
that their case was a bad one, and he
would make an exemple of them. The
sentence Of the court was $500 fine, costs
of prosecution, five years imprisonment,
one hour in the pillory and forty lashes, to
be we'll laid on on Saturday, December 4
Court then adjourned until 10 o'clock
to day.
Court reconvened at 10 o'clock this
morning.
The case OF James Carr, for the murder
of Basso, the Italian, was called Hp for
trial Biggs for the state, Hayes for the
defendant The attorney general asked
for a continuance on the ground that
John CrogaD, living at No. 20S West
Seventh street, who is tho states most
important witness In this celebrated case,
is very sick and not expected to live.
DR.. Krumbaugh, Crogan's attending
physician, was sent for by order of the
court, in order to ascertain If Croran
would be able to attend later in this
term.
At 1905 o'clock DR.. Krumbaugh told
the court that it would be impossible for
Crogan to attend court before two weeks
have elapsed, if then The court post
poned the case until December Ia. and
the jurors of the Court of Oyer and Ter
miner were discharged until that time.
Did He steal the Coat?
The next case called was one Of petty
larceny. 1t was the case'of the State VS.
Daniel Heverin for stealing a coat from
Harry s. Weldin. Victor B. Woolley
represented the state, and William
Michael Byrne the defendant The
prisoner pleaded not guilty.
Harry s. Weldin, George Stiles, Officer
George s. Lucas appeared as state wit
nesses, and testified to the circumstances
of the theft.
Mr. Woolley wanted to give the case to
thea Jury without argument, but Mr.
Byrne would not consent to it. The
state 5 prosecutor addressed the jury for.a
few minutes for conviction
Mr. Byrne claimed that the prison er
did not take the coat with the intention
of stealing it, BE was in the habit of
visiting Weldins home as bosom friend.
They had falling out, and in order to
get revenge Weldin brings the charge of
larceny and tries to bring him to the
whipping post.
This Mr. llWoolley denied He disclaimed
any animus in the matter.
Judge Cullen charged the jury for the
prisoner.
The jury retired and brought in q
verdict of guilty, with recommendation
to the mercy of the coHrt, after being
out only twenty minutes
The lashes were remitted, but he was
sentenced to pay costs, $13 restitution
money, and suffer one months imprison-
ment.
The Election Gases.
The case of the State VS.. Officers
Peterson, Stetzer, Burleigh and Whann
for refusing to obey Frank D. Carpenter,
inspector in the Fifth ward, was called
up by exMayor Harrington. He stated
that his witnesses were not present, as