Omaha daily bee., 1905-02-17
JUSTICE HAS A LEADEN HEEL
William Nollman Asks to Pc Free from
, Long Pending Charge.
RAZOR wItLOEa GETS LIGHT SENTENCE
south Omaha Man who Carved An
other u Let on with Assault
and Battery by Jury that
Heard Evidence.

William Nol1man asks to be discharged
from any farther attendance OF answer in
court by a petition filed yesterday. He
sets forth that on October 5, 1903, he was
charged with a crime In an information,
that he pleaded not guilty and was re-
leased on a recognizance. He asserts that
though four terms of court have since been
convened, he has not been brought to trial,
although always ready and willing TO go to
trial He therefore asks for a discharge
under section 391 of the Code of Criminal
Procedure.
Clark Gets on Easily.
George Clark, charged with cutting an
other man with a razor in a saloon row.
was held guilty of assault and battery by
the verdict of the jury. One count Of the
Information charged him with cutting with
intent to Kill and second count with in
tent to do great bodily harm. The instruc-
tions Of the court were to the effect that
as assault and battery was included In the
two counts of the information, verdict
might be found to that erect. The Jury
chose the lighter offense, as the cutting
grew out of a drunken row in South
Omaha.
James E. Butcher, a negro charged with
burglary, plead guilty in Judge Days court
and was sentenced to one year in the penl-
tentiary. Butcher broke into barn and
stole property to the value Of "a. He has
previously been convicted and punished for
O like offense
Judge Day and' jury are engaged at
present in the trial of James w. Carter.
a negro ex-convict, who is charged with
robbing the millinery store of the Tootle-
Kessler company and stealing lot of prop
erty useful to women. The supposition is
that Carter was looking for a war bonnet,
as he was in a bad humor and is regarded
as rather dangerous person when on the
war path After the first case against Car
ter is disposed of he is likely to be placed
on. trial for breaking into the room of the
Western Fur company in the Dellone hotel
and stealing 200 fur collars and boas. His
warm reputation doesn't always keep him
from getting cold. 1t seems.
Carter is a shrewd negro, who claims
to have been for the last year the keeper
of a rooming house. He is not without
means, for he has retained the law firm of
Crane & Boucher to defend him. and is
also taking a keen interest in every step
of the trial himself.
. Novel Procedure in Court.
Thursday afternoon Judge Redick deliv-
cred his instructions to the jury in the
Sholes-P Penfold case before the arguments
of counsel. This was done on request of
counsel for the defense, as the statutes give
them the right to request the court to do
this, although It reverses the ordinary pro-
cedure Seldom has a case of this nature
been so hercely contested from start to
iinish especially by the defense What
ever tile verdict of the jury may be, 1t
seems certain that whichever side loses
will appeal There have been clashes of
wits between the attorneys, which were
not always as good-natured as one brief en-
gagement Thursday morning. Counsel had
been arguing for and against a certain in
struction the court had indicated he con-
sidered proper when there came a pause.
Attorney Ritchie of counsel for the defense
was standing on the witness stand cogitat-
ing some interesting legal point, when AT
torney M. A. Hall, leading counsel for tho
plaintiff, said:
''You had something in your mind Mr..
Ritchie that you desired to say"
Oh, thank you" said Mr.. Ritchie. with a
broad smile. you have heretofore said l
had nothing in my mind so often that your
admission is quite pleasing"