The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-18
FOUR FOUND GUILTY.
Wade, Carr, Kcnrney and Morris
Tried for Beating II. $. Lindsay.

wade, Carr, Kcnrney and Morris
Tried for Beating II. $. Lindsay.
John T. Wade John Carr, Patrick Kear-
ney and John Morris were found guilty OF
assault and battery in the city court yes
terday and each was sentenced TO pay a
fine of 50 and costs or spend three months
in jail The fines will Of course be paid
unless a motion for new trial is made
The quartette was charged with assault
ing and beating T. S. Lindsay on March !.
1894. at the corner OF Houston and South
Broad streets. The story as told by several
Of the witnesses was to the effect that they
were standing at the saloon at that corner
and that one Of them or someone else had
struck another man, hurting him so badly
tnat blood was fOWing freely from MS
face Lindsay passed and seeing the man
in that condition made the remark
1t was a shame to beat a man up like
that"
With that it was stated that one of the
four struck him when the others pitched in
and helped beat him up. II was stated that
Lindsay was so badly bruised up from the
beating and kicking which he got that he
was laid up for three days, and for
while could not eat anything but soup. IL
was also shown from the evidence that
each of the defendants had been fined $25
and costs In police court the morning after
this row, on a charge of disorderly conduct.
The defendants all denied having beaten
Lindsay, Mr.. Wade stating that he had
ordered him away from his place on ac-
count of his having interfered with what
had been going on there, and which was
none of his business. There was con-
siderable conflicting testimony IN
the case, and Mr.. T. d. Rock
well based his arguments in be-
half of the defendants mainly on this fact.
He held also that If they mad struck Lind
say they had been sufficiently punished
by the fines imposed in the recorders
court. Solicitor General Fraser argued
from the evidence that Lindsay was walk
ing along the street at the time Interior
ing with no one. when he was set upon
by the defendants and his head beat al
most into a jelly.
Judge MacDonell charged, among other
things, that the fines imposed in the police
court had no bearing upon the case, which
was charge of assault and battery pre-
ferred by the state. The jury returned
with a verdict in about ten minutes
The judge said he did not ordinarily give
a lecture in passing sentence, but would
do so in this case. He thought II an eX-
ceedingly aggravated one, assuming that
the verdict was true one. on account of
the fact that all four of the men had set
upon Lindsay. Although the jury had
nothing to do with the police court fine.
he said on account of the fact that that
had been paid by each of the defendants,
he would make their punishment less Sc
we're than would otherwise have been the
case, and he fined all hands $25 and costs.
An interesting feature of the case was
that the defendants were all tried together
on account of which their attorneys de-
manded seven strikes for each one, max
ing twenty-eight in all. This gave the
state the right to strike five Jurors for
each prisoner, and both the state and the
defense struck the limit before jury was
secured