Evening journal., 1893-09-22

Hngton's Assaiiant,
Immediately after court reconvened
yesterday afternoon, a. Ii. Ward, asked
for and was granted a rule to show cause
why three judgments obtained by
Hannah HeTting, Maggie Simonds and
William +. Herting VS.. Annie A. Croud-
ing, should not be set aside. He claimed
that they were obtained by fraud. The
action was made by Henry G. Conrad and
Frederick q. Herting, guardians Of
Morris 7. HeIting, minor.
Mr. Ward also asked for a rule to show
why the attachment against the stock
held by Mrs Henry Wilson, secured by
Samuel M. Knox and Alfred d. Warner
| should not be set aside. Rev. Henry
Wilson transferred the stock to his
wife few days before the attachment
was made. Decision was reserved.
In the Court of General Sessions, the
following sentences were imposed upon
| prisoners who had pleaded guilty:
Andrew Johnson, colored, larceny Of
clothing from Morris Wincon, $l2. so
restitution money, ten lashes, six
months.
Peter Gooseberry, colored, entering
Washington R. Kings house and steal
ing clothing, one hour in the rillory
twenty lsshes, 500 fine, two years.
John Clayniski, stealing clothing from
| William H. Boyer, of Stanton, $40 80
restitution money, twenty lashes, six
months
| Frank Groom, larceny of lead pipe
from the house of w. s. Simmons, SO 40
restitution money, twenty lashes and
| two years.
Robert Cooper larceny of silverware
from David Lemons house, ten lashes
and two months.
William II. Bryant, charged with
| pointing a revolver; Frank Bias, assault
and battery Abner and David Hollings
worth, attempting to steal chickens be-
longing to Howard Jordan, and Clarence
| Cooper, colored, felonious assault on Ella
Grant, colored child. all pleaded not
guilty.
The charges Of attempted burglary
| against Richard Donovan and William
Rhodes were ignored by the grand jury,
Busy Morning In Court.
This morning trial of Frank c, Bias,
| for murderous assault, was continued
until Monday. H. G. Turner, his couu
sci, stated that he could not get his wit
| nesses here before that time. Mr.. rur-
ner was assigned to defend Clarence
Cooper, colored, charged with attempt tC
criminally assault Ella Grant, IL years
old. The case will be tried on Monday
William H. Smith colored, entered ples
of not guilty to the charge of murder
ously assaulting Percy Darlington, neal
the Hotel Willis, on the night of May 10
Andrew f. Sanborn defended the pris
oner.
Darlington was sworn. He said that
he and number Of friends were stand
ing in front of the Hotel Willis wheI
Smith and a companion committed al
unprovoked assault. In the fracal
Smith stabbed him in the breast.
The prisoner stated that Darlington
and a companion asked him for cigar
cite. When he refused to give it t.
them they began the assault and h'
stabbed him in self defense.
Spencer Anderson testified that Dar
lington and a man named Armstrong
met them just outside the saloon. The,
asked the colored men for a smoke anC
were told that they had no cigarettes
Darlington called Smith liar and sait
he "would take fall' for a smoke
Darlington then grabbed Smith. An
derson interfered. Darlington strucl
Smith with a cane and knocked him down
In retaliation Smith cut him. The wit
ness said he suffered severely in tn
fight.
The prisoner pleaded guilty to plail
assault and the state accepted the plea
In passing sentence the chief justic
said he did not see any justification 70
the use of the knife. In conclusion h
said:
''We want to impress upon you an
upon all other people that they canno
use knife OF deadly weapon in self de
Tense unless to save their lives from lik
assau It with a deadly weapon. Tha
alone will be the justification in thi
court"
The sentence was $50 and thre,
months Imprisonment
The Kirkwood Riot.
The next was the State VS.. George'Ar
: derson. colored, charged with assault
! with intent to commit murder upol
, State Detective Bernard ]. McVey, q
, Kirkwood, on the Fourth of July. Al
. torney-General Nicholson conducted th
case for the state. Walter II. Haye
represented the prisoner. As precsl
tionary measure the witnesses on bot
/
were ordered to the law library, subjeS
to call.
In drawing jury Mr.. Hayes challenge
= A. j. Collins, Edward Woodward. Ro
!, ert M. Cam and John Peoples. Forems
Harry Witsil. was excused from ser
ing
Story of the Assault.
It Detective McVey testified that he WEI
Is to Kirkwood on July unuer orders fro
4 Deputy Attorney General Giles. De
tective Witsil and Sergesnts Bailey an
Shields accompanied him. They spei
le the afternoon on the track. On the
IS arrival at Kirkwood from the track the
of took seats in a car of the speci
train. A fight arose among the colors
people. McVey did not interfere. The
" they attacked a white man and the tv
he detectives jumped from the car al
Of rushed over Mart Warner had iu
lie knocked a man down when McV'
collared him, showed his badge and to
him the fight must stop. Warn
put his hand to his b
pocket Mevey knocked him dow
h Anderson told him not to b
de turn again and when McVey look
around Anderson had a small pist
n aimed at him. McVey's revolver was