Evening journal., 1892-11-30
THE JURY NOW OUT.
Hickey and Thomas in the
Hands of Twelve Men.
THE FIRST REGISTRATION CASE
James II. jackson, Colored, Defended by
George A. Eniott-Nine Democ rats and
Three Republicans in the Jury Box.
Coroner Kirk Gives Bond.

Coroner Kirk Gives Bond.
In the Court of General Sessions yes
terday afternoon Levi Smith and Isaiah
Pratt, colored, were sentenced TO pay
1925 restitution money and to be inn
prisoned for three months for stealing
two bushels of sweet potatoes from Viii
liam Naylor, of Blackbrd hundred.
The case of the State VS.. Enos Hickey
and Jackson Thomas, accused of stealing
a horse and wagon from Lewis Anderson,
was then called up by the state prose
cutor The defendants were represented
by ex-Deputy Attorney General Thomas
Davis.
William Cannon, Lewis T. Anderson,
Frank Duncan and State Detective
Witsil te titled to circumstances con-
nected with the theft arrest and prac
tical confession of one of the prisoners.
Counsel for defense moved that the
Judge charge the jury to render a yer
dict of not guilty because Of the insult
ficiency of the indictment. Judge Cul-
len said that motion TO squash would
have been in order at the beginning of
the trial. He decided, however, to allow
counsel to argue the matter.
John T. Spring and James W. Horner
indicted for inducing jeremiah Sullivan,
a state witness, to leave the state. were
each held in $3.50 bail for a future hear
ing
Court then adjourned until 10 o'clock
this morning.
This morning Mr. Davis withdrew his
motion asking the judge to charge for
acquittal.
Deputy Attorney General Giles, on the
part of the state, nolle prosecuted all
counts in the indictment with the eXcep-
tion of that of stealing the horse.
Mr. Davis Immediately asked for the
dismissal of the case on the ground that
the kind and value of the horse stolen
was not proven.
Mr.. Giles objected to this motion and
argued that the description of horse as
goods and chattels" was sufficient.
Mr.. Davis said that the cases cited
were not pertinent. He claimed that
the law drew the line between goods
and chattels" and "gelding.
The Judge overruled the motion and
Mr.. Davis opened for the defense. He
claimed that when the men hired the
team they had no intention of stealing
it. That the State had failed TO show
the intent. That the State must accept
the whole of the confession. Tit
crime. if there was any. wa,
committed in Maryland, where the hors
and wagon were sold. John r. Fore
testified to the good reputation o
Hickey. Frank Duncan was called bu
. could not swear to his good character
Harry Best knew jackson Thomas ant
did not think him to be mentally strong
Officer Harry Taylor had known Thoma
for several years. He had never hear
anything bad about him.
s The defense rested and Mr. Giles bega
z argument for the state.
e He was followed by Mr.. Davis and the
closed for the State. At 1926 the judg
n charged the jury and it retired
Coroner Kirk bonded in the sum of 50
d 600, Charles Reynolds being his surety.
= Nine Democrats, Three. Republicans.
4 Before adjournment jury was draw
to try the case of the state VS.. James
q Jackson colored. The charge
v that of illegally registering il
the First election district of tn
Second ward. Attorney-Gener
Nicholson represented the state. Georl
Al A. Elliott appeared for the prisone
,s There were no challenges and the juI
stands nine Democrats and three Repu
licans.
The state prosecutor had just open'
le his case when the court took rece
l. until 2.3O. The Hickey jury WI
sr still out