Evening journal., 1893-02-10
COUNSEL S SHARP MOVE
An Unusual Procedure in the
Criminal Court.
KLINE GETS OFF WITH A FINE

Attorneys for Defense Failing to Gain a
Certain Point at the start. Call Juror
From tho Box and Enter "A Plea of
Guilty-Then Their Client Receives
Light Sentence 90 Several Important
CaAes Hanged on This one.
Soon after the opening Of the Court
of General Sessions this morning jury
was drawn to try the case Of Louis
Kline, charged with criminal intimacy
with Mary NJ Smith, little girl alleged
to be under the age of 10 years. Attor-
neys II. II. Ward and Walter II. Hayes
represented Kline and he occupied a
seat Just behind his attorneys. He Is
an athletic-looking young man Of about
90 years. The prosecuting witness Is a
very small and frail girl. but her face is
very deceptive as to its being Indicative
of her age. Attorney General Nicholson,
who with Deputy Giles. represents the
state, opened the case to the jury.
Marp NJ. Smith swore that on January
IA she met Louis Kline at the flying.
horses on King street She went with
Elmer Johnson, her sister Lola and the
prisoner. Louis Kline, 20 the United
States Hotel at Front and French streets,
where they all drank. She drank beer
and blackberry Thence the party
went TO Viola Leonard's house of assigna.
tion. She did not know IL was that kind
Of house for her sister asked her to 20.
An Abrupt Ending.
Then Attorney Ward took the girl in
hand. She was very slow in answering
his questions. When he asked her II she
had not. frequently, stated in the pres
ence of Kline that she was 10 years old
the attorney general objected 1her
Attorney Ward appealed TO the couri
and prayed TO be allowed 10 INTRODUCES
testimony which would show that it wal
common report, from the lips Of the wit
ness that she was over the age Of con
sent. He argued that In al
cases Of felony or Of mur
der. the intent to commit crime ha'
TO be shown. The prisoner had not tn
slightest intention of violating the lay
and the girl had told him. in the pres
ence Of others, that she was 10 years old
An Unusual Procedure.
Attorney General Nicholson argue
that the point to be proven OF disprove
was whether the prisoner was criminal
intimate with the witness, and the
whether witness was 10 years old.
liquor dealer could not bring in any sue
evidence TO clear his skirts of the offens
d Of selling liquor to minors. II he sold I
4 a young-looking person, he did it at h
peril.
. The court ruled out this proceedur
! and Mr.. Ward went into consultatiC
1 with his colleague Then counsel ma,
, an exceedingly shrewd move. Mr.. Wa
! went over to the attorney general wi
! soon began to smile Attorney Gener
n Nicholson arose and said that the learn
q counsel for the defense had given up the
! case. A Juror, William Keyser, W
called from the box and Clerk Big
y was ordered to call the roll Of Juror
a Only eleven men answered 10 the
names. That "busted" the panel 81
h knocked the bottom out Of the case.
Kline's Sentence Surprises Him.
= Then Attorney Ward pleaded gull
q but was allowed TO introduce the tes
d mony OF two witnesses. showing tn
/. May had told Kline she was 10 years oil
l. and he did not intend to violate the sta
O laws. Kline was sentenced TO pay s
/. and costs, and was carefully warned
the court that fnture offense would
e punished with the full extent of the la
= Kline was agreeably surprised and bow
e to the court. his face wreathed In smile
Viola Leonard Lightly Fined.
8 In the case Of Viola Leonard, for hi
d boring female child for immoral pr
1. poses, Mr. Hayes, her attorney, wit
W drew his application for a continuan
r and entered plea Of guilty. produoii
ID evidence that his client was In no W
,e physically able to stand confinement.
view Of the fact Of the plea Of guilty, Z
5. attorney general molle prosecuted I
" other two counts against Sitting Bull
-e niece and she was brought into court
d sentence.
" The court cautioned her that she h
9. committed a crime a repetition of viii
es might send her to prison for years.
ID physical condition, also made IL necesss
n. for her punishment this time TO be ligl
OF She was sentenced to pay costs. of pr
iii ecution, $50 fine and suffer imprisl
30 ment of one month.
s. Viola arose and thanked the coui
ct promising never to offend again.
$. THE GRAND JURY'S WORK.
n -