The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-05-21
MAYOR REDUCED THE FINE.
HEARD THE WALLACE CASE IN
FACE Of RECORDERS PROTEST.

City Attorneys Advice-The Heduc-
ton of the Fine stated to BE on
Account of Absence of Serious Dis
order Attending the Assault on
CarrOII--RecOrder Hartridge's
statement-A Case in which the
Mayor Imposed "a 800 Fine for an
Assault During His Former Adj
ministration.
Mayor Myers reopened In the Police
Court yesterday the case of disorderly
conduct against w. NJ Wallace, in which
Wallace had already been fined S100 by
the Recorder, heard evidence and reduced
the amount of the fine to $50. At the re-
| hearing both the defendant and the prose-
cutting witness, Charles Carroll, were rep
resented by counsel.
Mayor Myers was at the barracks at
the hour for holding the session of the
Police Court, and waited in the office Of
the superintendent of police until the trial
of the other cases on the docket had been
concluded. At this juncture the Recorder
sent policeman to notify the Mayor that
the docket had been cleared, and upon the
receipt of the message Mayor Myers en-
| tered the court room and took seat upon
| the rostrum by the side of the Recorder.
whispered consultation between the
two city officials took place, the Mayor
again announcing to the Recorder that
he intended to try the Carroll case, and
inviting him to sit with him in the trial.
This the Recorder refused to do. and left
the bench in the possession of the Mayor.
The Mayor announced that the case OF
disorderly conduct against W. NJ. Wal
lace would be heard as the Recorder had
reopened the case for the purpose of per-
hitting the introduction of the testimony
of the witnesses. To this action Mr..
George w. Owens, representing Carroll,
entered a protest, on the ground that the
case had been already disposed of, and
that there was no authority in the Mayor
TO reopen IL for a second hearing after the
Recorder had tried it and pronounced sem
tence
Mr. Owens wanted to know If the city
attorney had been consulted as to the
proper course OF action and as to the law
and had given an opinion. TIE Mayor
replied that the court had the
right to hear the case. Mr. Owens re-
iterated the question and insisted upon an
answer. Mayor Myers Informed the at
torney that it was sufficient that the court
had the right to try the case and refused
to discuss the matter further. This meth-
cd of disposing of his questions seemed to
annoy Mr.. Owens and the Mayor was not
altogether unmoved. For a time the spec
tators expected some breezy developments,
but nothing more was said and the intro
duetion of the evidence proceeded.
The first witness examined was Carroll
himself. He told the same story of the
assault that has been given several times
cursing, insulting or abusing Mrs. Wal
lace. He was followed by Messrs. John
d. Robinson, Jr., and J. ]. Oppenheim
and by Oreetus Graham, small boy who
witnessed the assault in front of the store
of the Andrew Hanley Company All of
these witnesses corroboTated Carrolrs
story as to the manner in which the as
sault had been committed.
Wallace made a statement in his own
defense, explaining that he had been told
by his wife that Carroll had outrageousy
abused and insuited her. and that he had
naturally become very angry and much in
censed. He had determined to avenge the
honor of his household, and had endeav-
ored to do so when the opportunity frsFl
presented That was the couse, he said.
that any man situated as he was would
have followed.
Capt. j. f. Cam made the argument In
favor OF reducing the fine. He stated
that as no charge of dsorderly conduct
had ever been entered against his client
up to the time the case was first tried
he had not thought that he was being
tried for this offense, and was surprised
when the Recorder, after the hearing was
concluded, had fined Wallace 500. H.
had requested a rehearing and the Re.
corder finally consented to grant it, In
asking that the Mayor sit with the Re-
corder when the case was to be heard
again, ne had been animated by no feel
ing of animosity against the Recorder
and politics had not been considered
There was no imputation that the Re
torder had been biased or prejudiceo, but
he had thought that the fine imposed Was
excessive, and he wished that full Justice
should be done his Client.
Mr.. owens argued in behalf of Carroll
saving that the assault of which Wallace
had been guilty was an aggravated ono
and he fully merited the punishment tha,
had been melted out to him. An old man
had been struck down from behind by one
very much younger, without a word az
warning and without other excuse mar
something that he had been told bv his
wife "''
There was both law and precedent for
the course that had been followed nv he
Recorder, he said; the punishment was
far and just, and The sentence shoula he
allowed to stand
AT the conclusion of the arguments
Mayor Myers reduced the fine 10 500 no
said ii was evident that Wallace was
guilty OF the charge, but he deemed thar
the extreme penalty should only be i'm
posed In aggravated cases. where riotinp
or some serious disturbance had resuttad
and that the fine of $40 was all thar the
circumstances warranted
Recorder Hartridge was seen bv a rem
resentative of the Morning News in he
afternoon, and asked to give a statement
covering the case as he understood II. and
defining his position in the matter
In order that the public may thorouqb
ly understand the point of disagreement
between The Mayor and myself" said the
Recorder, Il desire to say a few words
Under the law governing the Police Court
the Mayor If he so sees fit can preside
with the Recorder. and in the event az
conflict OF opinion between the Recorder
and himself, renders The decision and avns
the punishment In the Wallace matter
he In uyhf ha