The Sentinel=record., 1911-10-25
BELL CASE IN
CIRCUIT COURT
PLEA or FORMER CONVICTION
BY MAN WHO ATTACKED JUS
TIcE OF PEACE AFFORD.
Question in Issue Whether the 81
Fine in Devall's Court VIII Sup
plant $50 Fine Assessed
by Jury.

whether the flne OF one uOlldT
which was assessed by Justice Of the
) Peace De Vail against e. b. Bell,
when he pleaded guilty to an assault
and battery on the person of Justice
of the Peace Joe Afford, is former
conviction defense to an appeal from
La jury verdict which later assessed
him $40 and costs for the same at
tack, is question argued before
Circuit Judge Gotham yesterday af-
ternoon, and which was taken under
advisement.
i The decision VIII be rendered Mon
day.
/ Deputy Prosecutor Wood was as
sisted in the prosecution by w. g..
5ouio. retained by Justice Afford.
The defense was looked after by At
torneys Hogue and Mclaughlin.
Justice OF the Peace DeVall was
placed on the stand. On direct ex-
animation he told how on the after
noon OF the trouble between Bell and
Afford he was sitting III his office.
nnmindful OF any difficulty. when
Bell came in and said he and Afford
had little spat" and that he want
ed to enter a plea of guilty.. The
justice stated that Deputy Constable
Aven was present and swore to an
affidavit, and when Bell entered n
plea of guilty he assessed a fine OF
81 and costs He stated the whole
amounted to SO. 60. The justice
swore he had no knowledge of the
laffair other than it had been repre-
sented to him as just a "little diff
lculty" and that but two ticks We're
passed.
On cross examination Justice De-
Vail said Bell did not come into his
eourt under arrest. Justice DevaTl
did not ask who were the Witnesses
in the case. but several present spoke
of It heing just "spat' and that was
Jail ne thought of it. lie had not at
tempted to summons Afford to asoer'
tain how serious the matter was, anl
did not know at the time it was his
duty to summon the main prosecut
ing witness in such a case. He said
nobody swore in the case. and the
plea Of guilty was entered on the
representation of those present. On
more direct examination the justice
said he had not charged the full costs
in the case, as it was very little trou-
BILE, and he RENTED part of the fees.
Bell took the stand and said he had
Teen arrested and fined before Jus
tice DeVall for the attack on Afford
after he had entered plea of guilty
Questioned closely as to his arrest
he said he did not know whether il
was arrest or not, but the justice read
the warrant to him after II hal been
made out by the deputy constable. He
said he was arrested later in the af
ternoon on a charge OF aggravated as
sault He was tried and fined SOC
and costs.
Justice Afford then took the STAN
and swore that he was within block
OF the office of Justice DeVall wher
Bell pleaded guilty He also sNo e
that he heard Bell had entered hi.
plea and been fined 81 and costs be-
fore he (Alfori) had ever washed Tx
blood from his wounds or had them
dressed He was not permitted to
testify to ether detail OF his injur-
les at the hands Of Bell
The trial in issue before the court
is as to whether the De Vail fine is
defense under former convio-
ton" theory or whether it Is not.
During the progress of the case At
torneys Hogue ami Mclaughlin stat
ed that they had just discovered the
warrant FOR aggravated assault had
been signed by the deputy prosecut-
ling attorney, and that under the
law it should have been signed BY
: the prosecutor himself, and they ask
!. led dismissal of the case on this
c ground, and later on the same ground
> asked that the state De required 70
make bond before proceeding.
Their discovery. however, avaiIed
j, not because Mr.. Bohsc, one of the
/, attorneys in the case, was repere-
e sentative in the legislature which
b passed a bill giving the deputy
|. prosecuting attorney OF Garland coun-
r ~ full authority OF the prosecutor
b himself. as is the case in about IS
lother counties CT the state.
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