The times., 1899-10-10
CRIMINAL COURTS OPEN
October Term Begins in Both
Branches With Jury Trials.
Verdicts Not Reached i'm Either Case
Failure of an Attorney to Receive
From Justice CInbaagh Regard
ing the Postal Card System.

Two jury trials were commenced yester-
day in the criminal courts of the District,
but at the hour of adjournment "A verdict
had not been reached in either of them.
In Criminal Court No. 2, Justice Cole pre-
siding, Robert Henderson was put on trial
for the larceny of SAG from John II. Gates
in June last. The Government was repre-
sented by Assistant District Attorneys
Ashley NJ Gould and Thomas C. Taylor
Mr.. Taylor has but recently been appointed
one of the assistants TO the District At
torney and it was his first appearance be-
fore the court in the role of a prosecutor
for the Government.
After argument the case was given 70
the jury for consideration before the re-
cess hour, but up 10 o'clock they had not
agreed upon a verdict. Justice Cole before
leaving the City Hall ordered that the jury
be locked up over night. 1t is expected
that verdict will be rendered this morn
ing.
In Criminal Court No. /, Perry Frisby,
the attorney for the defendant in the first
case on the assignment, asked for a con-
tinuance on the ground that he had not
been legally advised that the case in which
he was interested would be called for trial
yesterday. The date and hour for the
signment card in the main corridor in the
City Hall last Friday. However, 1t has
been the custom OF Mr.. F. w. Smith,
Clerk of Criminal Court No /, as matter
OF courtesy TO attorneys, to send them
postal cards advising them of the date OF
trial Of cases in which they are interested.
This he did in the instance in question,
but Attorney Frisby stated that he did
not receive the postal card notice until
Er; Nv mac tad q
continuance of his case until tomorrow.
Such a thing is not likely to result again
from a similar cause.
AS result of what developed in dis
cussing the matter the practice hereto
fore in vogue by the clerks OF the
criminal branches of the Supreme
Court of the District of notifying at
torneys by postal card of the date of
trial of case in which they are interested
has been abandoned, and hereafter attor-
neys and bondsmen must keep posted on
these affairs by reference to the assign
ment" cards. The notification of the time
and place of the trial of criminal cases
is compulsory, and a list of the cases to be
tried is posted by the chief clerk in the
District Attorneys office two full days be-
fore the date fixed for the hearing.
These notices are always posted in the
corridors at the entrance to the office of
the clerk of court.
Notwithstanding this notice it has been
the custom of the clerks OF the criminal
branches of the court TO notify the attor-
neys for the defence Of the time set for
trial of cases in which they are interested.
The failure of these postal card notices
to reach the defendants attorneys have
been taken advantage of in some instan es
as an excuse fer delay or continuance, and
caused much inconvenience and expense.
For this reason Justice Clabaugh yester
day stated in open court that the legal no
tice to attorneys and bondsmen was in the
posted assignments, and not in the postal
card notices, which were merely sent
them through the courtesy of the clerk of
the court.
The next case called was that of William
Killian. young white man, who is charged
with violating the age of consent law. The
Government was represented by Assistant
District Attorney Joseph Shillington. The
arguments were concluded late during the
afternoon and the jury was excused until
this morning, when it will be charged by
Justice CIabaugh.