Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-11-05
THE COLONIES WIN.
Iams Loses His Assault and Battery
Case.
REPORTED ILLNESS OF TIE POPE
A Dozen Apaches Defy Cavalry
Detachment.
BIG DIAMOND ROBB cry.
REPORTED ILLNESS OF TIE POPE
BIG DIAMOND cry.
IAMS LOSES HIS CASE.
The Military Officers who Tied Him Up by
the Thumbs Acquitted.

The Military Officers Who Tied Him Up by
the Thumbs Acquitted.
PITTsBuRG, Pa, Nov. 5.-when court opened
this morning the jury in the case of the military
officers who tied up Private Iams had not agreed
on the verdict. 1t came into court at 10 O'Clock
and the foreman said:
"A question arose in our deliberations which
we desire the court to answer, and VIC do not
wish to ask 1t openly and submit ii to you in
writing"
Judge Porter-"The subject of your inquiry
is wholly immaterial on the question. 1t cannot
enter into this case. ANY other action between
these parties cannot enter into this case. As to
the instructions given you in the assault and
battery case to find the defendants not guilty |
propose you shall obey the court You are the
judges of the fact and the law. Not the law as
yon think 1t should be, but whnt II is. We have
told you what the Supreme Court OF the United
States saws the law is. and that is the law you
want to know. III any man this jury thinks
he knows more than the Supreme Court of the
United States Of course he will stick to his
opinion. IL is Il shame, however, that n man
with such profound knowledge should waste his
time in the Jury box.
"Ioa are not TO be guided by your feelings or
your prejudice Any juror who does this
breaks down every security of Justice, interferes
with the administration of Justice and violates
all security for justice and equity The in
structiOns given you plain and there
should be no trouble TO you. Is there anything
further you desire me to sav?''
The jury again retired. The Jury returned at
llI5 clock. They acquitted Coils Hawkins
and Streator and Surgeon Grimm of the charge
of assault upon 1ams The costs are divided
between the county and defense.
The verdict read follows: "On the assault
and battery cases we fluid defendant IL not
guilty, and the county pay the costs. On the
aggravated assault and battery case we find de-
PENDANTS not guilty. but Coils Hawkins and
Streator each shall pay half of the COSTS
After the verdict had been rendered Attorney
Brnddock asked that the part of the verdict
placing the costs on defendants be set aside.
Judge Porter ordered the motion put in
writing. which was done.
The court took the motion, but made dis
position Of it except to order it filed
One OF the attorneys for the prosecution said
that they would have now to depend the
suit of damages for vindication Of their client
This suit will be brought soon in the
United States courts Iams, the prosecutor,
being resident of West Virginia. In
that court suits for $4,000 damages will be
brought and the case will, no doubt. go to the
Supreme Court of the United States before its
final disposition. both sides believe the ques-
ton should be finally settled.
HOW THE JURY STOOD.
1t was announced that the jury stood ten for
conviction and two for acquittal. When they
first took vote after going to their room the
vote was eleven to one for acquital. This con-
tinued for several ballots and finally the twelfth
man was won over.
The fight then on the costs, and over
this disagreement almost reached. 1t
was over the costs in the assault and battery
case which caused them to come into court
and ask the question they did. The court had
told them the costs could not be put on the
defendants in the assault and battery case and
they then returned
That it was their intention to put the costs
on the defendants in both cases is evident as
the word county had been written over the
word defendants" in disposing of the costs.
The only attorney for the defendants in
court was Col. Braddock, who expressed him
self a. well pleased, as he felt certain the court
would set aside that portion of the verdict put
ting the costs on his clients.
Neither the prosecutor or his attorneys we're
in court but one OF them said that after the
charge of the court they had reason to feel sat-
isfied with the crumbs they got.
Around the court house the verdict. except
the imposition of the costs. was generally APP
proved.