Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-02-17
A REHEARING DENIED
SUPREME COURT REFUSES TO TAKE
UP POOLROOM CASES AGAIN.
WALTER BLACK MUST HANG.
KILLED MICHAEL PRENDERGAsT,
WHO CAUGHT HIN STEALING.
Judgment of the Holt County Court in
. Liquor AduIterntfon Case AZ
frmed-List of Opinions
Handed Down Yes
terday.
WALTER BLACK MUST HANG

JEFFERSON City, NO., feb. 1b.-topecidi-)
In the supreme court, division No. ?, to-
day the st. Louis poolroom cases were
finally settled by the court overriding the
motion for a rehearing in these cases. The
defendants. Frank Core and others, are re-
leased. An opinion on the motion was filed
by Judge Sherwood. The opinion says:
I'VE are asked TO rehear this case on the
ground that our decision is in conflict with
a controlling decision Of this court evident
ly overlooked by US, as it is said, and in
conflict, also. with an express statute. To
support the first ground, state VS.. Burg
dorfer, 107 No.. !. Is cited. We did not
overlook that case; it is an old ac-
quaintance.' But there the objection We
took in this case to the state bringing err
ror upon the the quashing OF an indictment
and only on quashtnS an indictment, was
entirely unnoticed, either by the court or
counsel, and consequently the ruHng IN ina
case has no authoritative value In the case
at bar
was taken by appeal to the circuit court
from a justice court on an affidavit for petit
larceny and, being defeated in the circuit
where It was said the proceeding in ques.
ton should have been dismissed, but mas
much as the circuit court arrested the
"Assuredly none of these cases afford the
contention of plaintiff in error any sup
conclusions first announced, and therefore
the Judgment. dismissing the writ Of error
must stand All concur
In division No. 2 of the supreme court
Walter Black was sentenced to be hanged
on March IS for killing Michael Prender-
1881. Black and James Stewart were
separately indicted and tried for the
n m%Te1 sise steE gn St in Louis sad c eoanty. e saeGy
art was found guilty and sentenced TO
ninety-nine years in the penitentiary.
last sitting of this court. Black was
convicted of murder in the first degree and
appealed to THIS court, which today al
date Of execution. Stewart and Black shot
Prendergast when he discovered them steal
titled against Black after he, Stewart, had
been convicted and this court holds that 1t
was proper and right for him to testify
been INDICTED jointly then he could not
have testified against a co~defendant.
by Judge Burgess, denied a peremptory
writ OF mandamus in the case of the state
ex rel togn of kirkwood vs.. the county
bridge fund Of that county for s21s.sz, being
legged to lave been collected by said county
during 1881, as county taxes by the collect
or of st. Louis county. upon the property
wood. The application was based upon an
act of the legislature, which permitted the
county, br; court to draw "a wa warra mt, on the the road 3Sd
application of any incorporated towns or
cities for a certain per cent of the taxes
collected from the residents of such towns.
TO aid in street, road. and public highway
construction and repair.
The court. in the opinion, holds the law
unconstitutional and denies the application
for a writ of mandamus.
In the case of the state ex rel attorney
The town Of Webster Grove. in an opinion
by Judge Sherwood a part of realtors
reply is ordered stricken out. The proceed
ings was instituted. to have the extension
of the civ limits of Webster Grove de-
-clared null and void.
In the opinion. the court holds that the
election extending the city limits was le-
gally held, and that quo warranto does
not lie to inquire into the act Of tncor-
court, but that it does lie to determine
the legality of an ordinance extending the
limits of the city. The case is now to be
tried upon the issues of fact and p. Tay-
Tor Bryan has been appointed a commits
sioner before whom testimony will be
Division No. 2 of the supreme court, in
an opinion by Judge Sherwood, the judg-
ment of the Holt county circuit court was
for selling liquor without first having
taken oath and given bond that he would
not mix or adulterate with any substance
had "a license TO sell whisky as a drug
Eist, but had failed TO file bond and SUBJ
scribe to the above oath.
In the case OF the attorney general VS..
Lancashire Insurance Company, Samuel
Davis was appointed commissioner before
WHOM testimony VIII De Iahen.-
Following Is a list of opinions handed
down by court en- banc:
BY Chief Justice Gantt-Lilly VS.. Menke;
affirmed.
BY Justice S~herwood-State ex rel attor-
\ ney general VS.. Fleming: motion to strike
out reply overruled and commissioner APP
Apointed.
Y BY Justice Burgess-State ex rel Kirk
wood VS.. the county court of St. Louis
county; peremptory writ of mandamus de-
med.
leyt temporary rule for prohibition dis
iornV general VS.. Bland; amended answer
The supreme court en- banc' adjourned
until I uesday, March i, 1898.
Division No. 2 handed down the follow
ing opinions:
By Presiding Judge Gantt-State VS.
Black; affirmed, and execution set for
March 16, 1898. State VS.. Taylor; affirmed
State VS.. Wjlheit: affirmed.
By Judge Sherwood-State VS.. Summers;
affirmed.
BY Judge Burgess-Borgess Investment
Company VS.. Vette; affirmed. Gentry rs.
Field: affirmed. Wolf VS.. Brown; affirmed
in part and reversal in part. State eS
rel Galloway county ~Henderson; re.
Sersed and ~remanded.
Motions decided-Bartlett vs.>Rail: cost
of transcript allowed. RidenoGS~Bake
Company: cost of printing allowed. PAR.
vs.. the Kansas City Elevated Railway
Company: rehearing denied. State vs.
Carr ct al: rehearing denied; opinion by
Justice Sherwood
Division No. 2 adjourned until Tuesday
March j, 1888.