The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-03
CRIMINALS TURNED OUT
JUDGE MCRAY's NEW TRIALS OF
WHICH THE STATE KNEW NOTHING.
Two Were Old Convicts, One Charged
with Attempted Rape and the
Other Robbery.

Judge AcGray, OF the CRIMINAL court, who
has been absent from the bench for two
weeks, as he states. on account of illness,
returned to work yesterday During the
day the court disposed of the case of viii
liam Mallady, who is Familiarity known to
tho police as plain Bill MaIlady. This
man was tried I'm April last for attempting
to assault a daughter of LATE Shipman, lv-
ing on West Georgia street. The State
made out a clear case against him and the
court imposed q sentence of from two to
fourteen years in the State Prison. Mall
lady is about forty years of age. At the
time of his trial the evidence showed that
he had been living with the Shipman family.
The story of the attempted assault was re-
lated by the girl herself. She said she was
awakened one night and found Mallady
standing at her bedside. There was an OPP
pressive odor in the room, which she
recognized as chloroform. Mallady had a
cloth in his hand and. after she awoke.
tried to apply it to her face. She was posi-
tive the cloth was saturated with chloro-
form. She screamed and her father ran to
her, striking Mallady as the latter jumped
from the bedside and escaped. He was ar
rested by the detectives.
The records show that a motion for new
trial for Mallady was filed on the day he
was sentenced and that a rehearing was
granted on Aug. % by Judge McCray. The
records do not show that the attorneys for
the State were present when this action
was taken, and Prosecuting Attorney
Wiltsie says that he knew nothing of a new
trial being granted until about two months
ago, when he learned that Mallady was
back here in jail. He was sent to prison
shorty after being sentenced. The prosecu-
tor declared that he did not even know of
the motion being filed for a new trial. Yes
terday afternoon when Mallady was brought
into court Judge McCray asked the presecu-
tor what the State wanted to do about the
case. Mr.. Wiltsie replied that Mallady
ought to be sent back to the penitentiary
or run out Of the State. Two hours later
the clerks record indicated that Mallady
was to be imprisoned in the county Jail for
four months and was TO be fined 81 on the
charge of plain assault and battery. There
was no trial of the case, although the court
called the prisoner up to the bench and gave
him lecture. Prosecutor Wiltsle said he
made of the case until he looked at the
record.
The records also show that George Nor
ton, who was sent to the prison about the
same time Mallady went there, was re-
leased on Oct. 81, last, on his personal bond
of 81 900. Morton was convicted of having
$50. On March %, last, a motion for a new
trial was filed in his case and the record
shows it was granted on the same day NAL
lady's motion for rehearing was sustained.
The states attorneys aver that they knew
nothing of the action in the Morton case
until a few weeks ago. when Mr.. Wiltsie
heard that Morton was free again. He was
supposed to be safely slowed away in the
penitentiary serving a sentence under the
indeterminate law. 1t is said that Morton
is well-known criminal and has served at
least three terms in the penitentiary. 'Bill'
Mallady was serving his fourth term in
prison.
A BATCH TURNED LOOSE.
Judge NdcCray rendered judgments Of mot
guilty" yesterday in the following cases
which he had under Amusement: Lottie
Scott. keeping house of ill-fame Harvey
McCaslin, assault and battery; Nellie
Thomas. grand larceny; William Lee, enter
ing house to commit felony; Mary C. Evans,
selling liquor on Sunday; VIII Kratz,
sault and battery; John Kratz. assault and
battery; Edward Anderson, entering house
to commit felony; George Walters, pro-
family Several of these cases had come up
on appeal from the police and justice
courts. Judge McCray said that some Of
them ~Were Of long standing.
The court also released Hardie Couple,
who was convicted on June Is and sentenced
to two to fourteen years imprisonment. He
has been in Jail since the trial. Couple was
charged with assault and battery with in
tent to kill his wife in her room in the
Miller block on Massachusetts avenue. She
testified that he left her one night to go to
lodge and returned after she had gone to
bed. He slipped into the room and attacked
her as she lay there awake. After the trial
Copple applied for a rehearing and the
prosecutor consented that the records might
show a new trial granted. 1t was then ar
ranged that Copple should be punished for
assault and battery and the court gave him
sentence of six months in jail and as
Couple showed that he had borne a good
reputation up to the time of the alleged
assault His wife has since brought suit for
divorce from him.