The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-05-21
MAYOR REDUCED THE FINE.
Continued from Eighth Page.

duct. The reply was that a reopenins was
not desired, the defendant having no tesu-
mony TO offer. Later. however, was re-
quested by Capt Cam 10 grant a rehear-
ing. in order that the defendant might
introduce testimony so as to give him the
benefit OF any defense he might have upon
certiorari. The public understands thar
certiorari is an appeal to the Superior
Court upon the record witnesses not De-
ing introduced upon the hearing Detore
the judge of that court.
This ] consented TO- and stated 70 de-
PENDANTS counsel that if the evidence dis
closed that l had done his client an m
justice / would correct H. Counsel ana
state to me what his defense was, and
then remarked that. even admitting all
counsel could contend for under it to be
true. l saw no legal justification either
for the assault or disorderly conduct.
81 do not propose to discuss the merits
of this defense" said the Recorder, as
Mr.. Wallace will be called upon 70 make
1t before a jury in the state court, ana II
will then be passed upon for what 1t may
be worth. 1t was then my underst anding
that the rehearing was desired for the
purpose Of certiorar. and for that alone
Thursday afternoon Capt. Cam called
upon me, and after discussing the matter,
asked II I had any objections to the
Mayor sitting with me. and l replied that
1 had. On Friday morning the Mayor
came to the barracks for the purpose OF
presiding in this case. To this l told the
Mayor objected, not on personal grounds,
but because | was unwilling to sanction
the right of the Mayor to sit as an appeal
court 10 pass upon decisions Of the Re-
corder, and that I could not agree to the
establishment of such precedent by rec
ognizing a privilege on his part of presid-
| ing on a rehearing such as had
! agreed to give Mr. Wallace.
| Il felt that I was competent" said Re-
| corder Hartridge, ito do the defendant full
| justice and l saw no more reason for the
presence of the Mayor in this case than in
| any other. AS I stated to the Mayor, 1
! cannot by my acquiescence admit that
am disqualified. because of prejudice or
| feeling to pass upon the facts of any case,
| unless ii be because of relationship or IN
| terest. These are the reasons Of my OBJ
| lection, which seems to me well founded
| j stood ready to give the defendant a re-
| hearing, as l stated to Capt. Cam would
| do; that is to say a rehearing before me,
| but l would not and could not consent to
a rehearing before the Mayor and Re-
corder, in which the Mayor, as an appel
| late court, could overrule the decision of
| the Recorder. A rehearing is not a right,
! but is in the nature of a favor previously
| rendered by the Recorder. No defendant
| can demand 1t; it can be denied whenever
| requested. The conditions under which
! l had agreed to the rehearing having
| changed, / withdrew then and there my
| consent The defendants right of ap-
peal is by certiorari to the Superior Court.
As TO the Mayors trial of Mr.. Wallace
| this morning, 1 believe it to have been
| entirely without warrant of law, and l
| think it will so be held by any disinter-
| ested lawyer. 1t seems, however, from
the result of this session of the Mayor S
| court our ideas of a proper fine are some
| what apart. The Mayors sentence, being
in accordance with his best Judgment, bas-
ed on the testimony he heard. l do not
criticise him except to say that the fine of
sl00 imposed by me is in line with
| precedent established by him in assault
cases involving the element of disorderly
conduct. 1 recollect during the present
Mayors first term he sat with Recorder
Wilson Id the trial of a case against a
young man on the charge of assaulting
by striking him with the hand and ours
ing. Tho offense was committed in a build
ing and not upon the streets, and involved
no riotous conduct The Mayor prouounc-
ed the sentence in that case, which was a
fine of 800 and thirty days on the chain
gang and commitment to the state cour,
for assault. In the Wallace case the as
sault was committed on an old man or
the public streets with a club, and oaths
were used. The sentence, as imposed by
me, was fine of 500 or thirty days
in Jail, and the defendant remanded tC
the state court. In view of the Mayor:
decision in the case, l have cited | wa,
rather lenient than otherwise with tn,
present defendant. 1 regret that any idee
of politics should have entered into thi.
matter. Certainly, so far as l was con
| cerned, l was not influenced or biased by
politics or by any other improper motive,
either for or against this defendant, ant
l only did in this case as l have don,
! in all others, what l considered RICH.
Any statement, such as l saw in thi
, mornings paper, that politics influence,
my action is an absolute untruth
| want TO put the bar and public OF
{ notice, that in the future no rehearing,
! Will be granted by the present Recorder
) If an injustice is done, the defend
ant the Superior Court, the proper trl
bunal, will correct it, There will be II,
2 more disagreements growing out of re
hearings. l trust the bar viii not asl
) me for them in the future"
The case to which the Recorder aupde
in the interview with him above reporte,
! was against Jack Hanley, a fireman. VIII,
had been discharged from the depart
} ment. He was standing around the fir
headquarters, then at Oglethorpe avenu
and Abercorn streets, when Chairmal
Grayson of the Fire Commission cam
, up There were some words, and Hanle
( struck Mr.. Grayson with the palm of hi
hand. He was arrested and carried TO III
/ station house, and when arraigned in tn
/ Police Court, Mayor Myers sat with Re
corder Wilson and tried the case Hanle,
I was fined 500, with the added sentence O
] thirty days on the chain-gang, and wa
? turned over 10 the City Court for assault
, and battery.
, Mayor Myers was asked yesterday abou
the result of the dispute between himsel
and the Recorder, but he had nothing I
say further than that he presided in Pc
lice Court. If anything comes of the mat
ter hereafter, il win be al the instance O
' Council and not the Mayor, as he saws h
! will have nnthinec more u