The Montgomery advertiser., 1905-07-27
Advertiser Bureau.

Mobile, July 70.
 Refore Hon. J. E. Afford. in the m Serior Criminal Court this morning was heard a case which, whiie ho'
 very serious nature. yet because v. @ prominence of the prosecutihs ,ss watched with interest by many .nectators. It was a charge or assaui' .ra hattery against R. E. Moore. pre-. Tarred bv Hon. J. N. McAleer, 1oose oi tha Recorder's Court. While the chaike was made by J. N. McAleer. as citl- .an- and notwithstanding 1t was an as .ault upon him in the storehouse VI another person, the fact that ne was one of the trial judges of the ci'y ore" about the case its importance
 Ss,.r the hearing of the testimony and argument by counsel on both sides. inc court imposed a fine or $lo anu cnst. The court had ordered the de- fendant to Jail for twenty-four nour ? for contempt of court, but remit.se tht. after an humble apology on the nart of the defendant. The court ih- formed Judge McAleer that ne nao clear case of perjury against the oe. fendant If he cared to push IL, ou. Judge McAleer declined to swear out the warrant
 The evidence. as given HI Nhe was in substance. as follows:
 Hon. !. N. McAleer-I went to see A. "A richards. at his place of business Th,s was on July 18th. walked Tn and asked a clerk if MT. Richards was in and he replied in the negative. asked If Richards was up stairs ana ne again replied negatively. Mrs. Hicn, ards was present. teiepnoho ranr. Mrs. Richards went to the pnone and heard something about $l'ioo. She then came to me and l told ner r had come there to see MT. Richards ir reference to the matter between nim and Charles williams. She said some thing about paying $1,300 for a pusl ness not worth over $700 or $Soo. A young man came up and LOOK hoio oI my arm and told me to get out O. Una. place of business. saying ne qia noe vant me to come back again. start I'd out and. after he turned me loose he remarked that he was going 10 whip the next man who came there aoou' that matter told him who was and said I would swear out warrant for him. He said he did not care ana again ordered me out. He hao graspeo me by the arm and was throwing me around and when I turned and saw who he was I walked out.
 On cross examination Judge McAleer said he did not know the name Of the clerk whom he first addressed, but later found 1t was Cohen. Mrs. Richards did not say anything about the settle- ment. Did not tell Mrs. Richards wanted to talk to her about the busi- ness. She did not say she had noth- ing to do with the matter. Moore had hold of me and I turned to see who he was. I started out and he said he would whip the next man who came there about the matter. I then told him l would get a warrant for him. Mrs. Richards might have been at the phone when I came in She came to where l was as I did not ask for her.
 Here the prosecution rested tempo rarily and the defendant. Moore. went on the stand. He said, in substance:
 weAt to the store and was standing talking to Mrs. Richards, who is my sister when the phone rang. She went to answer it. McAleer came in and passed around the desk and stood near it until Mrs. Richards came from the phone. She told some one to write a check for SLIGO. McAleer asked If she was Mrs. Richards and she said Yes" He said he had come to see her about the Williams matter. She said she had nothing to do with 1t that Mir. Richards was up stairs. walked up and said to sister Say nc more." and then took hold of McAleer by the arm and told him he had said enough and to get out. I led him towards the door and did say I would whip, the next man who came there