The evening times., 1896-12-03

THOMAS RoDitlson. oscar Jones ana stew
art Gerring are the colurcd E!cn whom
Policeman T. Lynch arrested in an alley
near Twentieth street last night, for dis
orderly conduct. alleging oil the stand that
the y used profanc language.
Lawyer Julius Caesar RickS appeared
for the defendants. and before the hearing
was over. engaged In a squabblc with
Judge Kinball over a legal point, which
he hotly contested and argued. smHriing
at his defeat by the court. he abandoned
his clients, and threw up the case.
The issue was oil the wording of the In
formation, which charged the Offensc with
being commit ed on Twentieth street, while
Lynch said the swearing was in an alley.
Cnder the circumstances. Ricks said, his
clients were entitled to "A dismissal be
cause of the defect in the paper. but his
honor ruled otherwise on the presentation
OF Prosecutor Pugh.
When Lynch was testifying Ricks in-
sisted on him detailing in full several times
the vile language said to have been EN-
ployed by the men.
Lynch noticed some ladies' entering the
courtroom, and. turning To the judge, said:
Your honor shall repeat that language
again.
Il don't care to hear profanity repeated
here and the judge gave the attorney i
cold stare of dsapproval; but counsel
has the right to ask the question, and
cannot OpJeCI-
Then Lynch went over all the ground
again, while Lynch carefully noted the
wording of the Information and its vari-
ancc with he officer stestimony. His honor
called Mr.. Pugh's attention to il. and while
he was in consultation with that gentleman
Kicks, full of excitement nj his discovery,
said loudly: Your honor l move that my
clients be 'disrnoved -dismissed.'' he cor
rected quickly. while Il laugh went through
no courtroom rs Kpp pdil stprnly called fir
silence.
1he judge was busy with the prosecution
ind did not notice Kicks remark.
Kicks. your motion is lost" whispered
Clerk Lum Harper. Nobody seconds it,
You wait. SIR" said the lawyer, until
/ get through"
Judge" said Mr.. Pugh, ''there is an er
ror in the information. and shall ask you
10 hold the men until ! issue new cnc.'
No, Stree" shouted Ricks. indigra ntly
shaking both hands in the air, they shcul!
be dismissed at once. The information is
not sustained by the proof. They are en-
titled to their liberty
"Thc district Attorney returned The
judge, has asked me 10 hold them. and is
how preparing TO file another information,
and hold them shall.''
What" said Kicks; lis that the ruling
of the court. You could as well 30 out in
the street and arrest woman for sing
Ing Praise Goa r rom W nom All BLESSINGS
Flow in her home"
Mr.. Ricks," said the court in n freeZ-
ing tone, ''thcre is no comparison between
that grand old hymn and the profanity
used by these men,"
''They didn't use any, said Kicks, los
ing his temper.
They did, Mr.. Kicks: that will do. sir
added the judge as Kicks prepared to pro-
test.
lone moment, SIR" said Kicks vche-
mently. docs your honor rule accord
ing to the law?"
Ills honor was silent and hush stole over
the courtroom.
Il ask your honor to answer that qucs-
tiOn," persisted Kicks, while the other
lawyers drew near him.
Mr.. Kicks" and every word fell from
his honor's lips like the drop of an icicle,
Il have told you that at the request of
the District attorney, 1 shall detain your
clients. Now, want to hear no more on
the subject" and he waved Kicks aside,
as he attempted to be heard further.
When the new information was read, the
judge said: 'Mr Kicks, do you appear for
these Inen?"
mo, sir;;'' snapped the lawyer, grab
bing his hat and preparing to leave, Il do
iiot;'' and then, as he reached the door,
sa ying, as il to himself: II don't care
whether l ever come in this court room
again.
The Judge dismissed Geerings and fined
the other men So each.