The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-20
THREE ASK FOR NEW TRIALS.
SULLIVAN AND O'NEILLSS AND
KEARNEY'S PETITIONS IN.

Noon Declared to he Sane-PrOp-
erty of the LAWN Estate Not Yet in
Miss LAWNS Hands as Administered
trix-Judge Norwood Has Several
Interesting Criminal Cases.
Two motions for new trial in criminal
cases were filed in the superior court yes
terday, in the cases of Maurice F. Sulli-
van and Simon ]. O'Neill, charged with
the murder Of Preston Brooks and Patrick
Kearney charged with the murder of j .
w. Wyness.
Notice was given that application would
be made for a new trial at the time these
defendants were convicted and sentenced,
but the formal applications have just been
made. Both of the orders were presented
to Judge Fallgant at his home yesterday,
as he had not sufficiently recovered to APP
pear in court.
Sullivan and O'Neill put up the plea of
self defense In their case, while, Kearney's
plea was accidental shooting. The two
former were sentenced to fifteen years
each in the penitenuary, while Kearney
was found guilty of the charge against
him, and sentenced to life Imprisonment
in the penitentiary.
The petitions in both of the cases ask
ing for new trial stated that the court
stenographer. Mr. George T. Cam, had
not had sufficient time within which to
transcribe his notes, and on this showing
Judge Falligant allowed the defendants
until March % to file their amended mo-
tons with briefs of evidence.
1t was thought that Sullivan, ny whom
the shot that killed Brooks was fired, had
decided to serve his term of fifteen years
IN the penitentiary, but it appears, from
the order granted, that both he and
y Neil Will endeavor to get a new trial.
1t has been pretty well understood all
along that Kearney would make an ap
plicatton for new trial, and he will, no
doubt, fight the case to the end.
There have been motions made in two
other murder cases, Brister Graham hav-
ing asked for new trial, and a motion
having been made in Abe Smalls case to
quash the coroners inquest which it is
thought may lead to the same thing. Two
of those convicted, however have al
ready taken their departure for the peni-
tentiary, and no doubt they now have on
their stripes There is a little fighting
yet to be done in the other cases, but
what 1t may result in, remains to be
| seen.
Chatham county is, no doubt, helping to
NIL up the state lunatic asylum at Mil
ledgeville. There are at least two or
three lunacy trials every month, and
somehow or other there appears to be
continual run of crazy people.
w. Il. Evans went 60 the court of ordi-
nary yesterday and swore out warrent
charging lunacy against Thos. A. Mitchell,
his Drothor-in-law. Mitchell was arrested
the other day charged with disorderly
conduct in his own house at Drayton and
Duffy street lane. After he was in jail,
however Mr.. Evans decided the best
thing to do was to swear out a warrant
for lunacy which he did before the court
of ordinary.
1t appears that Mitchell, who is butch
er, has made two unsuccessful attempts
to commit suicide within the las two
months. The first time about Chris lmas,
/ he fnnl hfcr dos o. at.f lsarA ne
saved through the efforts of Dr. NJ. X.
Corbin. A day or two ago he made his sec
ond attempt. drinking half a bottle of lau
danum. This also proved unsuccessful.
/ The warrant stated that not only was
/ Mitchell dangerous to himself, but he was
! also dangerous to other people, and should
! not be left at large. AS he was already in
J jail, the simple service of the warrant by
! placing it in the hands of the sheriff was
| all that was necessary. He will be tried
! before a jury in the court of ordinary with
/ in the next ten days.
! Pat Noon. the celebrated, was given his
second trial on the charge of insanity be-
! fore a jury in the court of ordinary yes
| terday afternoon. Pat has been in Jail
! for some time on charge of forgery, and
| there is a pretty clear case against him
/ from all accounts. The first jury before
which Pat was tried disagreed by vote
/ of six to six on the question of insanity
but yesterday the jury appeared to be all
/ of one Mind and it did not take them
/ very long to decide that Pat was just
| about as sane as the average man. Their
verdict means that he will have to stand
trial in the superior court on the charge
! of forgery.
| in behalf of the state and Mr.. A. A. Law
1 renee represented Mrs. Noon who insists
! that her boy is a lunatic. Pat Noon has
| been a regular thief for sometime, and
! this is by no means the first offense he
/ has had to answer for. Parties, who have
/ been in the Jail with him say he is by no
1 means crazy, and that they do not see
how any jury could find him so. In spite
I of this several physicians have testified
! that he was of unsound mind, and I'M
fit to be allowed to remain at large. II is
/ said he has been attempting to feign in
| sanity in order to get out of the trial for
! forgery, which cOnfrontS him in the SUI
! perior court. His efforts, however, were
| not successful, as the jury considers his
mind all right.
The recent petition filed in the court of
/ ordinary, which again brought into public
notice the litigation with regard to the
| estate of John A. LAWN, does not set
/ forth all of the true facts in the case.
The funds belonging to the estate, as the
! records of the court of ordinary show
! have never gone into the hands of Miss
i Kate G. Lawn as administrators, the
! greater part of them having been used by
! the executor in continuing the business. Of
! the estate, and they are now held subject
/ to the order of the court. The admins
/ tratriX therefore is not in a position to
make returns of property which has not
| come actually into her possession as such,
/ and the repeated filing OF petition re-
/ curing her to show cause why she does
/ not do so. is looked upon by those most
/ directly interested in the matter as an in
/ justice nothing short of persecution. The
| petition will come up for a hearing the
| first Monday in March, and will probably
/ take the same course that il has on other
/ occasions.
The will of Jane NJ. Young was filed
| in the court of ordinary yesterday. She
| left a house and lot at No. 81 Habersham
| street, and some personal effects She
/ directs that after the payment of her
! debts, the balance of the estate 20 to her
! daughter Helen Petrie Young. and she
/ names j. t. Brooks as the guardian Of
| her daughter, as well as the executor of
| her Will.
NJ. a. O'Byrne, administrator of the es-
| tate Of Ellen Monahan, filed petition for
| leave TO transfer stock 20 heirs he being
| about to wind up the affairs of the estate.
George Davis. the negro waiter of the
! Plant system restaurant, who threw a cup
OF hot coffee at Daniel Wilson, another
waiter, day before yesterday, pleaded
! guilty yesterday before Judge Norwood,
IN the city court, TO the offense of as
sault and battery, and was sentenced TO
pay fine OF $40 and costs or serve three
months on the chaiu-gang.
James Heagler, who WAS arrested for
| the theft of $3.50 worth of groceries from