Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1893-08-19
DISTURBING THE COURT
AN UNFORTUNATE COLLEC-
TXON OF NOISES.
First 1t Is a Kettle Drum, Then a
Bass Drum, Then a Fife, and
Then The Jail and Fines-His-
tory of Interesting Cases.


Then The Jail and Fines-His-
tory of Interesting Cases.
Testimony in the case of l.. B. Mann &
Co. VS.. Crapo, Gonzales and Penland was
being heard in the Superior court yester
day before Judge Armheld when the notes
of a band in the street were heard, and a
number of persons reached for their hats
and left the room, while others went to
the open windows on the north side of
the house and leaned out to hear the
music. Amid the confusion the Judge
directed the sheriff to keep order and to
have the windows closed, and the par
ties therein to take seats. Quiet was re-
stored and several of those who had
gone out returned; the witness resumed,
when the beating of kettle drum was
again heard, the sound increasing until
it was apparent that it was i'll the street
alongside the building. Another exodus
of the crowd occurred and the same rush
to the windows. Judge Arnfeld at once
notified deputy sheriff to arrest the
man beating the drum. In Il couple of
minutes Deputy Hampton appeared with
the drummer. About the same instant
the noise of a vigorous pounding of the
bass drum was heard, and the Judge,
obviously much annoyed, ordered the
arrest of the beater. The deputy van
iShed, but soon made return that he had
be en- unable to find the offender. Then
the names of all the offenders were di-
rected to be taken, which was done by
Deputies Morgan and Hampton at the
register of the Grand Central hotel.
Deputy Hampton stated to the Judge
that he had obeyed the order of the court
in notifying the band to stop playing
and that all had done so except the
drummer, who kept right on beating af-
ter he went up to him and told him to
stop. The drummer gave his name as
Jesse Bailey and said that he was not
he leader of the band and that he did
not stop drumming because the leader
had not told him to do so. This in
answer to questioning by the Judge.
Judge Armfield then directed the clerk
to enter on the docket that the drummer
be confined in Jail until O'Clock in the
evening and pay the costs and to remain
in custody until the costs were
paid. At this iuncture Manager Dol
son of the Barlow Minstrel COM
pany appeared before the court
and stated that his band had not
understood the direction of the deputy
and that they did not know the court
was in session; but the Judge said he
would make them understand the mat
ter. and as deputy called out for the
house to take seats and be quiet DOlSOn
retired and Bailey was taken to Jail and
locked i'll a cell where TIE CITIZEN saw
him half an hour later. He said that he
did not know the building where he was
arrested was the court house, that there
was an immense crowd on the streets
and that he was near a pair of rcstive
mules hitched to wagon when man
touched his shoulder and said he should
stop drumming. He supposed the re-
quest was because of the frightened ami
mails, and barely kept the drumstcks
tapping so as to give the men the step
when the same man said "'Well, I'll arrest
YOU and here | am"
A few moments later NJ. ]. Robertson
of Buncombe was before the court
for disturbing the session by blowing a
flte and he too was sent to Jail and ca
pias issued for officer T. X. Yeatman of
the police force; the latter was subse-
brought up from the JAIL when he identi-
fed Yeatman as the man who, he said,
had told him to go over by the court
house and play his fife.
Robertson, it appeared, went to the
officer and said he had bought the flute to
play Dixie with the band, and Yeatman
| said, jokingly or thoughtlessly: We'll,
you had better go out there by that
wagon, where the band was"
Chief Harklns then asked the patrol
man to find the city engineer, and he
| turned off to obey the direction. Shortly
after he saw the flute player, but did not
| know that he had been playing, and as
he started towards him the deputy took
| him away.
Robertson's testimony was corrobor-
| ated by witnesses, and the officer made a
statement in which he disclaimcd any
| intention of disturbing the court. Chief
Harkius appeared for the officer and w.
w. Jones, Esq, and Hon. II. A. Gudger
appealed to the judge that the ruling
might be postponed until today when
| they would have affidavits ready that
| would give a better understanding OF
the case. Mr. Jones also asked that he
be given time to present a disclaimer.
| Judge Armfeld i'll DENYING the appeals
| made said that he had been greatly dis
| turbed by noises from the street for the
past two days, and that there had not
| been the respect paid the court that was
necessary; that an idea seemed to prevail
that there was a circus going on, and
| further that he was determined to put a
| stop to such things. He then imposed
| fine oftifty dollars upon Officer Ycatman
and said that he must remain in custody
| until it was paid. Mr.. Yeatman asked
| the Judge how much time would be
given rim to procure the amount of his
fine, and was told that he must either
get security or pay the fine, Judge Arm
field adding to Yeatman, who was lean
ing on the Judges desk, Get away from
here, get away from here" little later
Mr.. Yeatman gave security for the pay
ment of the fine by next court.
Lawyers p. A. Cummings and Henry
B. Stevens appeared before Judge Arm
field in behalf of Drummer Bailey after
he had been committed to Jail, but were
informed that their client would have to
remain where he was until O'Clock. At
the latter hour Bailey was released upon
payment of $2.95 costs.