Evening journal., 1902-11-20
NOVEL DEFENSE IN
CAVANAUGH CASE
Man Who Had Brcak-bone
Fever Was Found Not
Guilty
CASE AGAINST FAHEY DROPPED
Attorney-General H. II. Ward Said He
Thought He Was Justified in Saving
County the Expense of New
Trial

i OounlI lne Expense " NSW
Trial
The case against Michael Cavanaugh. |
! charged with larceny. was concluded |
in the Court of General Sessions
this morning. when Judge Grubb /
charged the jury. The defendants de-
fense was that he had hreak-bone fever
and at times he did not know right
from wrong. The jury brought In u
verdict of not guilty. Cavanaugh,
when he was discharged, broke down.
Stanley Garrick, charged with as
sault with intent to commit murder.
Withdrew his plea of not guilty and
entered a plea of guilty OF common as
leault. Garrick was iined 500 and
costs.
jeremiah Harrigan was placed on
trial on the charge Of wife-beating.
Harrfgan was represented by Daniel O.
Hastings, and the prosecution was con-
Quoted by Deputy Attorney-General
Richards. Elizabeth Harrigan. the de-
fendants wife. was the first witness.
,he testified that Harrigan struck her
over the head several times with a
poker in their home, at liOckessin. Her
testimony was corroborated by her
p daughter, Annie, who said she entered
p the house as her father was bgating her
r mother. and attempted to part them.
b The defendant, when called. testified
r that on the day the assault is alleged
p TO have been made he was sitting on
settee, when his wife came over and
a struck him with a poker. He tried TO
!. stop the blow and then struck her In
= the face once.
The jury brought in a verdict of
guilty.
II Spencer Lee. colored, charged with
assault and battery on Allie Black,
was on trial when court adjourned.
The case against Noal ID. Congo,
Thomas Smith, Millard Taylor and
Bertha Wilson was continued until the
February term.
Grand Jury Discharged
The Grand Jury concluded It's worH
yesterday afternoon and was DIS
= charged. The jurors presented theii
report, which recommended that The
., court bailins be paced in uniform, ant
- be paid $3.50 a day instead of 81, anC
that a bill to the effect should be pass
ed by the Legislature. Chief Justice
Lore thanked the Grand Jury for doing
its work so promptly, and said that j
had made an extraordinary record.
FaheY Case Cropped
Attorney-General Ward yestcrda!
afternoon dropped the case agains
Patrick Fahey. Addressing the court
no. Mr.. Ward said:
- Il desire to say to the court that th'
- case was tried al the last term of cour
N and there was a disagreement of tn
,a Jury. The case as presented by th
~ state at the last term would be th'
~ same as would be presented to a new
% Jury. 1t was presented as strongly ant
- as definitely as possible, and as II coul
80 not at this term be presented NOR
strongly and definitely, | feel justitleI
m in saving the county the expenses OF
n new trial, therefore enter nolle prose
,c- qui."
IN Chief justice Lore said that the nc
% ton OF the Attorney General, in vie1
av of the way the case was presented q
on . last term, met with the approval q
IT. the court, therefore the court ordere
CIV a nolle prosequi entered.
re Burglar Gets Heavy Sentence
at There is at least one burglar VIII
IL will not operate in this city Tor nv
Ite years Edward Graves, who yesterda
he afternoon changed his former plea Z
not guilty to guilty Of entering IN
I'd house of Elizabeth Elsey and stealin
1it some spoons and knives, was sentence
ST. to pay fine Of $500, stand one hour
ch the pillory, be whipped with twent
he lashes, and be imprisoned five year
In pronouncing sertsnce, Chief JustiS
Lore said that the robbery of house
was becoming tco frequent in this V
cinity.
has Philip Sheppard. colored, for carr!
me ing concealed a deadly weapon. Wa
md sentenced to ten days Imprisonment
On Henry Honey, colored, charged wit
zen taking part in a fight at Townsend, WI
'os convicted and was sentenced to tN
ne years Imprisonment.
ln- Robert Townsend and Thomas San
'ei- sci, who pleaded guilty of stealing u
lh- horse On r. Lewis Armstrong, were a
ket raigne for sentence. Horace
me. Knowles, for Townsend. asked q
court to give his client, who is
youth. the benefit Of the parole claus
as il was Townsend's first offense, al
- he had previously borne a good cha
us acter. Townsend was paroled in I
NJ NJ care of his father.
- Samsell is an old offender. He W
- paroled by the court about a year a
for stealing pipe from the home OF
80 Edward Addicks. Samsell was Sc
mo tenced to pay 5000 restitution money
D mt of 500, stand one hour in the p
loiy, be whipped with twenty lash
and be imprisoned two years.
No. The State during the afterno
per dropped the cases against Abram Je
line kins, colored. charged with lircen
was
q