Evening journal., 1898-05-20
ALL TESTIMONY is IN.
Witnesses Heard and Prayers
and Argument for Foster.
WITNESSES FOR BERT TBUsTY
THE COURT RBNnITTElD THE
LASHES IMPOSED IN THE CASE
or THE TWO LITTLE COL0RED
BOYS WHO STOLE SEVERAL
PIECES OF SLATE.

= |
BOYS WHO STOLE SEVERAL
FIECES OF SLATE.
The Court Of General Sessions yes
| terday afternoon refused to grant the
motlon of II. H. Ward for a pcremp-
| tory charge of acquittal in the case of
the State VS. Mahlon B. Foster, on trial
for embezzlement 1t said that it
would deal with that matter In it's
charge to the jury.
Alexander DOman, colOred, was in
dicted for the murder of his 7-year-old
son, Joshua, near State Road, on the
evening of March 1. He pleaded not
| guilty and ex-Mayor Austin Harring-
ton was assigned to defend him. His
trial will begin on Monday
Manual Black was arraigned on the
charge Of running a junk shop with
out a license, pleaded not guilty
William Raikes pleaded not guilty to
highway robbery.
Wright King pleaded guilty to OBJ
tanning goods under false pretense /
from Sigler & Woodward He was re-
manded with fine and cost Of S22.
Edward Bashan was convicted for |
the larceny OF a watch and chain and !
was sentenced TO three months and SIG |
restitution money.
MahlOn b. Foster took the stand in |
his own defence this morning. ~ said |
that he paid s125, and only refused to
pay the remainder after Mr.. Ramsber-
ger told him that Mrs. Wells notes
were going to protest.
AttOrney-General White conducted the
cross-examination. He asked Foster il
. he knew Of the financial standing of
Mrs. Wells at the time he took the
= notes He said that all he knew was
7 | that Mrs. Wells owned three proper
8 ties. Mr. White asked what their value
was. but Mr. Ward objected The court
| court would not sustain the objection,
r ! and Foster said that he believed the
| prOperties were worth $2lO00 at the
time he took the notes. All the prop
critics were heavily mortgage. He
Is paid the last $50 to Harry Ramsber-
j., ger under protest.
J. Harry Ramsbergor was called Tor the
81 defence He admitted that in july he
l. and Foster had a conversation relative
N to Mrs Wells financial responsibility.
l. He told Foster that Mrs. Wells rents
were being attached for taxes and ad-
r. vised him to get back what he mad
1t | paid and return the note. He alAo
IN knew Of other notes she had out he
e. knew right along that she was in a
q tight position He told Foster that
N she was all right but very needy Mr..
Ts Frank held one Of her notes. and
hearing that she was shaky, came 10
n him late in June or early In June tc
bic see about il. Ramsberger said that on
an three occasions Foster got money OF
IN, his notes, and charged him nothing
re for II. Some Of these notes were II
n settlement Of their individual accounts
m and for their mutual accommodation.
" Levin Cats. one OF the jurors was
permitted to ask Foster a few ques-
nj tions bearing on the case relative % his
r. offer to return the note to Mrs. Wells
en- | If she would. refund the 500 She hac
ha received He said that he made two
such tenders, one before and one aitel
e- the note went to protest.
II Joseph L. Carpenter, Jr was callet
by the State. He said that he haG
known Foster for eight years. and hii
reputation was bad He would not be
ne lieve him on his oath. When une'
MS down to the matter Of Testers reputa
nE ton for veracity he said that he coul'
10 not go that far from personal lknowl
Iu' edge.
les J. Frank White testified that he hal
les known Foster for eight or ten wears
j. and that his reputation for truth an
j. veracitv was so bad that he would no
MS, believe him on his oath. Mr.. War
ey, asked him who he had heard say tina
w. Fosters reputation was bad In tina
co respect. He named Deputy 5heri
IN James p. Ratledge, who was sent iol
od- but could not be found. Mr.. war
3u- asked him for some other person VIII
en-, had assailed Fosters character II
ey. named his brother, Harry c. Whit
Mr.. Ward asked the witness If he an
the his brother had not had trouble an
ill | suits with Foster He admitted thf
)ka they had. Fosters attorney asked
sed he had not himself been arrested fC
ere embezzlcment lie replied in the neg'
oke tive.
wasn't there a writ issued fc
you?" asked Mr.. Ward.
r mot to my knowledge, sald u
+" witness.
George B. Ward testified that Fo
A | ter's reputation was so bad that
IT. would not believe him on his oath. J.
.-. had heard a Front street saloon keep
'SsS .So talk about the reputation Of Foster Il
i ~ veracity. When crOss-eXamined Wal
- admitted that he and Foster had hi
ITo trouble in the past.
I The attOrney-general and Mr. wa
om os- then put in their prayers and argue
49, the propositions embodied therein.
wv William f. Smalley, Jr, appeared
o.. court and secured remission OF u
iol lashes embodied in the sentences II
9199ss posed on James Demby and Har
Ide ide Brown. the colored boys who were co
lVo victed of stealing thirty-siX pieces
/" roofing slate from Frank A. Mitche
49,. The court remarked that it was We
lea- marked that it wasYP UPUPUFUPl
5oE unusual for a court Of justice TO I
luIe form a sentence in the absence of Z
re- prisoner, but that it 81 not suppo
A. that the prisoners in the case wou
One object. Mr.. Smalley smilingly assur
neit the court that they would not.
ttee ,,.,,.,>- r,c-~-1,e No., 1ANrcupOrr
ions NObAN no-Ni-o MI