New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-05
THE IAMS CASE GOES TO THE JCRY.
JUDGE PoRTERs CHARGE-No VERDICT REACHED
YET.

JUDGE PORTER'S CHARGE-NO VERDICT REACHED
AS YET.
Pitsburg, Nov. 4.-Eight days for an assault anu
battery Is unusual record for thb COUNTY,
and yet such Is the time consumed in the lahs c"se'
The testimony and arguments 50 iar mahe o'ci wv
pages OF typewriter mntter. Senator Robbins lniS
morning nade the closing address to the jury ior 'e
defendants. lie appeared especially Tor Coiohe'
Hawkins. He said In part There has been no
malice shown and attempt to show It, There Was
haste, no undue desire to punish, but the "hoe
affair was conducted with deliberate freedom lrom
malice. The defendants moved to only one
motive, the preservation Of good order ana proper
discipline, and this all they did,
Attorney Iams followed for the prosecution. lie
concluded his remarks by saying: THE only Queo-
tlon here is Can an officer OF the National Guard
cruelty and mallcOusly punish an Inferior! Inc
question is Shal the rope which inflicted this punish
ment be relegnted to the past along with the thuho
screw and other ancient means Of cruel punishment
Mr. Iams reviewed the testimony ut great length ana
made a clear presentation Of his SIDE OF the case
When he had finished, Judge Porter made his charge
f., the iury Maize" he said, "mears reckless
disregard of the rights VI another, and need mol De
proven In Of simple assault ana battery where
1t Is presumed. II Colonel HAWKINS ana IAeutehah'
Colonel ,rcator, In shaving the head Oi Iail9 anu
drumming HIN ont of camp, ODeyed the OruerS oi
superior officer they be convicted Of assault
"a
Assistant surgeon Grimm must also De not sWis'
You must nnd Colonel Hawkins not quit! Vi agsia
yated assault and battery unless 1t be shown Deyohd
"A reasonable doubt that he was engaged III sue" an
assault with malice. Before you can convict VI "'-
,ult and battery You must believe that there mas
h.en an unlawful beating or bodily harm done WIN
malice In the case OF aggravated assault ana battery
tbe iury must be- satisfied beyond reasOnaDle
d,ubt that the defendant suffered grevOus Dod'y
harm Inflicted unawfully aud with malice vi tie
malice ana unlawful injury you must be sausned' oe-
yond q reasonable doubt. 1t was the duty oi 'he
officer, 10 maintain proper di,cpi ne, nnd II any f'
I'M, of characterization arose IT was Their rght anu
autv ~ punlh sucb offenders II the officers beheVea
# wa, necessary 50 to punish Iams In order to miii
,oin dIsclpn. und god OIder tsey. were justified III
so doing and they cannot be held accountable III any
civil court" 49,. ,.,,.. ,,
After The Jury had been out for TWO hours ,i lhe
conu sent for them 20 find out II they WOu1 Ue aOi'
Ia a,r.o upou II verdict before or . O'clock Judge
p.r;rr ,aid n they could fix r.asonabl" hour ne
vsold De clad TO convene court for the plrIp>" oi
rac.ying the verdict The foreman Of the jury salu
he could not tell when they would b" able 10 agree,
Judge Porter-Well. do you tlnnk you can rach
second man on the jury replied Il do not think
We will be able to do 80 for som" time
Judge P0rer-Well. this Is n misdemeanor. ana you
may scal your verdict but be careful not 10 Indicate
TO any one If you leave the court room what your
verdict +. n DO will be contempt OF court
The Jury ag IN retired, and at late hour had hC'
reached verdict.