The record-union., 1899-07-13
sCRApPERS MUST LOOK OUT
1T COSTS MONEY TO PUNCH A
MAN NOW.
Justice Anderson Starts His Off,
ctal Career by Fixing the
Price at $12O.

George Green, who on Monday last
was tried and convicted in the City
Justlces Court on a charge of batter
ing CHARLES e. Loop at the Butchers
picnic, stood up for sentence yesterday
morning and was fined $120, with the
alternative of spending 120 days in the
County Jail.
Greens attorney, Hiram w. Johnson,
moved for a new trial on statutory
grounds, setting forth that new evi-
uence had been discovered, and that
the hndings were contrary to the law
ana the evidence. He also presented
an affidavit that T. r. Caldwell, whom
the defense had been unable to locate
PRIOR to the trial, would testify that
Loop used vile language, and that he
preclpitated the trouble by striking at
Green.
Judge Anderson held the affidavit TO
be insufficient and denied the motion.
Mr.. Johnson next moved an arrest OF
judgment on the ground that the Court
had no jurisdiction in the case, and on
the motion being denied, noted an ex-
ception.
Green was ordered to stand up, and in
passing sentence on him Justice Ander-
son said:
1.-The complaint was duly filed aga nst
you charging you with the crime of
battery. After a fair trial before the
Court, acting and sitting as jury, you
were convicted, and this is the time for
pronouncing judgment. Have you any
legal reason to offer, other than stated
by your counsel, why judgment should
not be pronounced?
Il have nothing to say" replied
Green.
''The circumstances in this case" re-
sumed Judge Anderson, "have been
somewhat sensational in character
possibly growing out of the condition
of affairs, in that it occurred at Agri-
cultural Park on the 4th of July, where
there were gathered several thousand
people. While it is possible that there
was a degree of lawlessness existing
there, still in that charmed circle there
is not sufficient to take it out of the
government or laws of this State.
while the prosecuting witness in
this case was obstreperous and evident
ly the aggressor in some particulars.
his acts were not directed against you,
and would not constitute you an arbi-
traitor of his fate nor his executioner.
You were absolutely unjustified in lay
ing hands upon him, particularly under
the circumstances in which you were
there engaged and in the face of a
large and vast populace which would
be necessarily alarmed and offended at
demonstration of this kind. 1t is the
purpose of the Court to make the judg-
ment in this case a lesson for you and
warning as we'll as an example to
others.
Il have determined that an imprison-
ment shall be the judgment for term
of four months, but there is a discre-
ton given Courts in cases of this kind
to make a Judgment of this character
alternative, and 1 have determined to
exercise that judicial discretion and
make the alternative a fine.
1T is, therefore, the judgment Of the
Court that the defendant be fined in
the sum of $40, or in default of the
payment of said fine, the defendant be
inn lrisoned in the County Jail for the
period of four months at the rate of
one day for each dollar of the fine"
In conclusion Justice Anderson fixed
appeal bonds in the sum of $500 in the
case, provided the defendant desired to
take an appeal.
Attorney Johnson gave notice OF a
motion for an appeal, and shortly after
court adjourned the necessary bond
was filed.