The daily morning journal and courier., 1895-05-16
OLSEN GOT THIRTY DAYS
CITY COURT DECISION SUSTAINED
 IN COMMON PLEAS COURT.

Trial of Mary Porto Charged With Liquor
 Law Violation, COmmenced-Import
 Decision Given by Judge Thayer-Other
 Interesting Court News.
 In the common pleas court, criminal side, yesterday afternoon, before Judge Studley and a jury, Nicholas Olsen was found guilty of street walking and sem tenced to thirty days in jail. Olsen re- ceived a like sentence in the city court, but appealed. He is the man who ac- costed Mrs. Mamie Clark on Lafayette street and when she called for assist ance Patrolman Grant and Captain Wrinn ran to her rescue, the latter chas- ing Olsen over several housetops before he captured him.
 Late in the afternoon the trial of Mary Porto, charged with selling liquor on Sunday at her home in Lafayette street, was begun and will be resumed this morning.
 John Smith, proprietor of the place 5S Union street, was not in court when his case was called and his bonds of $15O furnished by Carleton E. Hoad- ley, were declared forfeited. Smith was charged with keeping a house of i'll fame.
 NEW TRIAL FOR BAXTER.
 Tn the superior court Judge Thayer has established an important precedent by granting a new trial to William L. Baxter of Cambridge, Mass, who was convicted of horse stealing by jury The ground on which the new trial Is granted is that the verdict was against the evidence.
 A motion for a new trial was made before Judge Thayer in Hartford Tues day by Attorneys Chase and J. B. Mar tin of this city, who defended Baxter at his trial in thts city last January. State Attorney Doolittle opposed the motion strenuously, making the claim that Judge Thayer did not have the right to grant a new trial on the ground that the verdict was against evidence and contending that the supreme court was the place where that question should be decided in criminal eases. In reply Attorneys Martin and Chase in- sisted that Judge Thayer had the right to grant a new trial and called atten- tion to the evidence and charge which the jury ignored In finding the accused guilty. At the conclusion of the argu- ments Judge Thayer immediately rem dered his decision.
 Baxter who was charged with steal ing a horse from R. N. Barnes of North Haven, was tried at the Janu- ary term of the superior court Judge Thayer presiding. The verdict was great surprise, as the evidence against the accused was far from conclusive, In his charge Judge Thayer said all he could with propriety in favor of the accused's side of the case. When the | verdict was renderd Attorneys Chase | and Martin moved for a stay of sen tence, which was granted by Judge | They then secured bail for | Baxter in the sum of $1,20O and he was | released.
 As far as could be ascertained Judge ] Thayer is the first judge in this state | to grant a new trial in a, criminal case | on the ground that the verdict was against the evidence. Local lawyers | who learned of his ruling endorse 1t | highly, as they think that judges should | grant new trials in cases where the | verdict was so dagrantly unjust as 1t | was in the Baxter case. It Is consid- cred doubtful if Baxter is ever tried again.
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