Hot Springs post., 1909-01-16
MAL0NEY
 IN LIMBO

In the commissioners court Thurs day J. c. Maloney was fined $500 and cost for an assault committed upon Marie Schmidt on the night of January list. s '
 The case had been set for Wednes- day morning, but at that time Maioney appeared before the court and asked that tke hearing be postponed until ihe next day in order that he might be allowed to secure oouasel This was granted, and the trial occurred Thurs day. The defendant asked for jury Lrial, and this also was allowed him.
 When sha case was called on Thurs day Maloney asked for further con- hnuanos of one week, stating that he had been unable to secure the counsel As he had expected, and did not wish to stand trial without advice. This fsse cenrt refused, stating that the trial Lad boon set at . time satisfactory Co the defendant, and that as the jury and witnesses had all been summoned it would be best to proceed with the case.
 Mrs. Schmidt was the first witness and stated that on the night of Janu- Ary 1st the defendant had entered her house and after a few general remarks he asked her for money. This she re- fused to give him, xhereupon, she stated, he threatened to kill her. She still persisted in her refusal and he then. according to her story, seized her by the throat with both hands and dragged her into the bedroom whore he had laid her over a dressing table, and holding her by the throat with one hand had struck her four or five times ip the face and temple with his fist, inaicsing injuries, the marks of which still remained, and which were exhib- ited to the jury. She said that while he was still beating her she had lost con- seriousness, and that when she recovered her senses MaloRey had gone. She ahen went out on the street in search Of assistance and finally went to the cabin of Miss Delia, whom she asked to 60 for doctor, after which she had returned home.
 Miss Della was the next witness; she stated that Mrs. Schmidt had come to sIor house at about l1;30 pn., on the date mentioned, and had asked her to call sdoctor. The witness asked what was the matter and Mrs. Schmidt had answered "Maloney," which was all she said. Miss Della had then gone And called . doctor.
 Tho doctor was called and explained she nature of the complaining witness wounds, which he declared were not in themselves dangerous, but that as Mrs. Sehmidt was suffering from fatty heart the excitement was liable to cause death, and tbat while he was dressing the woman's wounds she had Tainted five or six times, which had caused him much uueasiness as he was there alone with her, and was afraid she might die. He said he vas very mach relieved when Mir. Smith had ar. rived. s ae
 Tom Smith testified that he had been sn Mrs. Schmidt's house on January 1 and had found 8 doctor there; had seen the complaining witness and noted that she WAS considerably bruised, much as fl she had been in 7 . barroom fight; had not seen defendant near the house, and did not know wbo infectsd the bruises. A7 ss f@
 George Siminzer was called and tcs- ti6sd that On the night in question he bad bsen in . local barrdom when the dstendant had entered and remarked that when next Mrs. Schmidt was seen she would be known as he had branded her.
 tc0aiiaaed on psge four,