Evening journal., 1899-02-07
CALENDAR ADJUSTED.
Superior Court Sets Time for
Hearing Arguments.
l22 GASES ON ARGUMENT LIST

GRAND JURY RETURNS TRUE
BILLS AGAINST A NUMBER OF
PRISONERS - SENTENCES I'M
POSED BY THE COURT-DEvTNE
TO BE AGAIN WHIPPED.
Upon the convening Ct this morn
ing's session Of the Court Of General
Sessions, the grand jury retired to its
room for the consideration OF several
bills prepared by District Attorney
White.
John Honey, colored, charged with
assault, with intent to kill one Samuel
Lewis, colored, was arraigned and
pleaded notguilty to the charge, anden-
tered plea OF guilty OF simple as
|sault.
Lewis took the stand and testified to
the nature Of the assault, which con-
sisted Of the prisoner advising a man
named Riley to shoot into Lewis
cabin.
In passing sentence Justice Lore
told Honey that he had no business
TO advise anyone to use deadly wea-
pons, and he intended to break the
practice up. He ordered the prisoner
confined in jail for six months and
to pay the costs OF the prosecution
Honey was represented by Frank
speakman.
AT 11.5O O'Clock the grand jury re-
turned TO the court room and present
ed true bills against Henry Smith for
burglary Of the house OF James NJ.
yandegrift, near Macdonough, and
Herman Mcdaniel. colored, for the lar
ceny OF a milk can containing milk.
valuation seven cents, property of
Frederick Klund.
Upon the grand jury again retiring
10 Its chambers by order Of the court,
Smith and Mcdaniel were arraigned on
charge Of burglary and larceny, re-
spectively, and each pleaded guilty to
the charge. James NJ Vandegrift, who
IS 70 years Of age ana appeared quite
feeble, was assisted to a seat upon the
bench, and, at the request OF Chief
Justice Lore, gave dstailed statement
OF the robbery, which was particularly
the same as has already been publish
ed. Mr.. Vandegrift stated that Smith
gained entrance to the house by break
ing an outside shutter and raising the
sash. The tools used, which were pre-
sented in court and recognized by Mr.
Vandegrift, were a small s,edge and
a monkey-wrench, which were taken
from an clubhouse.
At the conclusion Of his statement
Judge Lore remarked that it was un-
doubtedly a deliberately planned
scheme to rob the house. Justice Lore
then commanded Smith to stand up
and in passing sentence upon him said
partly: Henry Smith, you have been
indicted on a charge OF breaking intJ
a dwelling house in the dead hour OF
he night with an intent to steal GER
tain articles. You may thank your
Maker that you were not indicted fol
a capital offense, which would, if con
victed, take your life. think the dis
.rict attorney indicted you properly
but your offense is one OF the mos
dastardly ever known in our crimina
annals. When people were in theii
beds asleep you broke into this house
and fired two shots, which might have
resulted fatally for someone.
1T was a most outrageous act, ant
the court can see no reason why yol
should not receive the full penalty o
the law in a hope that it may reform
you, and that others may take examp,
from this sentence and be deferred
from doing likewise. The homes o
people should be sacred, and the cour
Intends to do all in its power to maxi
them So"
"The sentence of this court is tha
yen pay a fine to the state Of $500, tina
on Saturday, the 11th day OF February
= between the hours Of 10 in the morn
o ing and in the afternoon, you stan'
r one hour in the pillcry, and be whip
=. ped with forty-five lashes; that you b
imprisoned for ten years, beginnin
+ this, the 7th day of February, 1895
e and ending on the 9Th day Of January
1909. and that you pay the costs Of thi
case. You are now committed to tn
custody OF the sheriff until the sen
n tence is carried into execution"
Smith never moved a muscle whe
sentence was pronounced, and did nc
u seem to realize the extent Of his pun
) ishment.
Sherman Mcdaniel was sentenced
three months in jail, ordered to pa
the costs Of the prosecution, and
pay 4 cents restitution money to Fre6
er.ck Klund The lashes were take
u off by the court, as it was Mcdaniel
is first offense. He had previously born
v coed reputation.
The grand jury returned a secor
time with true bills against Jeremia
Davis, murderous assault; Alexand'
| ~.