Evening journal., 1901-10-22
MAY REOPEN
STEWART CASE
Prisoner Did Not Appreciate
The Penalty
DISMISSAL MOTIOG DENIED
Judge ChurChman May Hear Evidence
for The Defense at Tomorrow
Mornings Session

1t now is probable that the case OF
Robert Stewart, cOlored, who was sen
fenced to be whipped with ten laShes
for wife-beating at yesterday morning 5
session of City Court, will be reopened,
by Judge Churchman in order that
some evidence for THE defense might be
introduced wnioh would incline the
court to len.iency.
At this mornings session of court
Former Judge J. Frank Ball appeared
IN behalf of Stewart, and asked that
THE proceedings of yesterday be dismiss
ed. The grounds for such a motion,
Mr.. Ball said, were the fact that the
case was never before the court, mas
much as the defendant was arradgned
and pleaded to the warrant and not
the information contained therein.
In reply to th-ls assertion Acting AS
sistant City Solicitor Phillip l.. Garrett
said that such was not the case. and
that 1T was not necessary to read the
entire information. The warrant had
been filed early in tine day and the
prisoner was thoroughly cognizant OF
the allegation against him, that of as
saulting his wife. Judge Churohman
was OF the same opinion as Mr.. Garrett,
and denied the motion.
WANTS CASE REoPENEo
Mr.. BAH then asked the court to re-
open the case in order that he might
intoduce evidence in mitigation of the
assault. He claimed that his client
when he pleaded guilty did not ap-
preciate the gravity of the offense. nor
the penalty THAT would be imposed. in
asmuch as the case was the first Of the
kind THAT had been heard by the court
since the new Jaw on the subject Stew
art, said Mr.. Ball, pleaded guilty 10 a
technical assault upon his wife. but not
to one Of an aggravated nature. He
had a good defense, which he believed
when the court heard ii, sentence might
be reversed.
Judge Churchman said in reply that
he was convinced that when Stewart
entered a plea Of guilty, he did not ap-
preciate the penalty, and therefore
would hold the subject under advise.
ment until tomorrow morning.
David Kennedy was arraigned in City
Court this morning on a charge of the
larceny of two overcoats and a Grand
Army suit. total valuation of S26 from
Or. Henry W. Morrow. Or. Morrow tes-
timed that the clothing was taken from
ms laboratory and that Kennedy had
been in the habit of sleeping in the pace
G. Levy gave evidence MS to the clothing
having been pawned in his place. and
officer James &. Shields testified to hay
ing found the pawn tickets in kennedy's
possession. The defendant was held in
$500 bail for upper court.
Owing to the fact that the alleged Of
fense was not committed at the time nor
place charged in the complaint, the case
of Mary Jeans, cOlored, charged with
selling liquor without a license to one
Sophie Rucker on October 20. was con
tnued until tomorrow morning in order
that the warrant might he amended.
Josiah Marvel represented the defendant.
Charles Hood, colored, was charged
with obtaining money by false pretenses,
the complaining witness being John Luz
cas-, also colOred. The latter testified that
Hood was stakeholder in a bet between
him and another man. regarding the
opening Of n trick knife Lucas lost 50
and had Hood arrested. The charge Of
larceny as bailee was dropped and a
charge of larceny substituted.
William Hutchins, a middle aged
negro, was arraigned on n charge of as
saulting Robert Smith. 1t was alleged
that Hutchins during fight at No 7l9
East Fifth street, on Saturday night hit
Smith in the cheek inficting severe
wound which required several stitches to
close fine Of $25 and costs was inn
posed.
Alexander Dixon. colored, pleaded
guilty to assauting Alexander Saunders.
also colored. Saunders alleged that
Dixon knocked him down and kicked him
without provocation. $40 and costs was
the fine imposed.
The case OF John Armstrong, charged
with acting in disorderly manner, was
continued until Saturday morning, at the
request of the defendant
Owing to the absence of material wit
nesses, the case of Charles Morris. col
ored- charged with assault and battery.
was continued until Wednesday night.
In City Court last night Frank Jones.
colored, was fined IS for assault and
battery, and Tony Yovin, Si.S5. The
case against Paul Birowskl, charged
with assault and battery, was continued
until tomorrow.