Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1896-07-18
FALSE ON ITS FACE.
Judges Estimate of Mrs. Nc
Dermott's Petition.
ERASED FROM The RECORD

The Court Says Its Contents Were
Impertinent and Improper and That
Another such Instance Means . Fine
Dismissal OF the Case.
In the McDermott-Schnell case
Judge Bigelow this morning decided
the motion of William McEniry to
expunge from the order of the plain.
tiff to the clerk to dismiss the case
OF scandalous and impertinent matter
tending to reflect upon counsel.
Everything in the paper. except the
mere request for a dismissal of the
case. was stricken from the record,
the court remarking that everything
else was impertinent and improper.
and had no business in the record,
and in the future when his attention
was called to papers containing i'm
proper matter he would strike such
therefrom and fine the counsel who
filed them. He also remarked that
the paper itself carried upon its face
it's own evidence of it's falsity.
Among the afiidavits on file is one
of Circuit Clerk George w. Gamble,
that the paper in question was in the
handwriting of John Looney and
filed by him.
Ed Saley, alias Blackie Williams.
convicted Of burglary, was sentenced
to the penitentiary by Judge Bige-
low.
Adolph Meier. indicted for assault
with intent to commit larceny, was
found guilty before jury as
charged. He is under age and will!
be given a reform school sentence
later on.
| Yesterday in the circuit court,
which has this term resolved itself
iuto a court for the trial of criminals
only, on account of the congested
condition of the Jail, James O'Herne
was placed on trial for an offense
against nature. He was represented
by William McEniry aud G. j. Searle
appeared for the people. Mayor
Knox, who owned the animal in con-
troversv, Edward Swami, who caught
the defendant in Davenport's pasture
under suspicious circumstances.
Chief Etzel who arrested the defend
ant and had conversation with him
which partially eliminated him, and
Michael Kelly who lives in the vicin-
ity, testified that O'Herne was in the
habit of lettering around the pasture
and the animals there when he had
no business. Upon the conclusion
of the peoples evidence Mr.. McEniry
made q motion to instruct the jury
to return a verdict of not guilty
upon the ground that thers was no
cas- made out ~ ainst him.
Argument was made by the
states attorney in opposition
to The m otion, and insisting that the
defendants character Was such that
he ought not be turned loose upon
the community; that such persons
being at large are likely to commi,
crimes provoking lynch law. and
while he deprecated any resort to
mob law in any case he felt il impOr-
tant that the defendant be not dis.
charged except upon verdict Of not
guilty.
The court notified the parties that
he would instruct the jury tn 1t there
was no evidence either of q crime
being committed or that the defend.
ant was connected with it. However,
MIR. Searle argued the facts fully to
the jury and insisted that the de-
lfendaut was guilty as charged. Mr..
McEniry followed insisting that the
case was not proven and that the de.
PENDANT must under the law be ac-
quilted. This position was sustained
by the court and the jury SO in.
slructed; aud a verdict acquitting
lO'Herne was returned.
| Court was djouned this morning
until 2 o'clock Monday afternoon
when Judge Glenn will be here.