Iditarod pioneer., 1916-08-26
ROBBERY AND ASSAULT CASE OCCUPIES ATTENTION OF
 COMMISSIONER GERAGHTY

day morning last Diva Dale, resident of Flats restricted district, pleaded guilty to charge of assault and was fined S200 and costs, amounting to about $250 in all The fine was paid.
 The woman was arrested on Saturday evening last on warrant sworn to by Deputy Marshal Billy Thomas charging her with having "unlawfully assaulted and wounded one J. P. Courtney by striking him with a bottle.'
 There was no hearing on the charge, the woman appearing and pleading guilty, her attorney making a plea for leniency on the ground that "as far as the records show, this was her first otfense" Commissioner Gcraghty, in assessing the fine took occa- sion to warn the residents of the restricted district that the recent disgraceful occur rences in their midst must cease or he would fill the jail with them"
 The case was the outgrowth of an alleged robbery which is said to have taken place on the night of Saturday, August 12. The of taking sum of money from him. and she in turn accused Courtney. During heated colIoquy between the three the woman is alleged to have seized a bottle and to have assaulted Courtney with it. So vio- lent was the assault that the weapon was shattered Courtney was considerably cut and bruised, and was under the care of Dr. Moore for some days.
 Arrested for Larceny
 Immediately upon the release of the Dale woman warrant was sworn out charging her and J. P. Courtney jointly with the lar cenv of $250 The prisoners were brouoht to the city by Deputy Thomas and the woman was released on bail. The hearing came up at 3 80 p. m. Tuesday, E. M. Stan ton appearing for the government and MaJor NbreCht and Charles E. Taylor representing Diva Dale. A separate examination was demanded for the woman prisoner, and her case was immediately proceeded with.
 The complaint had been sworn to on in formation and belief by the partner of the man alleged to have been robbed, and in the testimony it was brought out that the victim, who had been drinking, fell asleep in the Dale womans place Upon awaken ing he found, he said, that he had been robbed of $25O Cross examined by Mir. Fay Tor, he admitted being intoxicated, and ex-
 
 he stuck to hs story about losing the money in the woman house, but could not swear positively that the defendant took the money The door of the place was not locked, and others might have been in the place while he was sleeping.
 Reluctant Witnesses
 Other witnesses examined, including an other woman resident of the restricted zone, also showed themselves to be unwilling wit nesses. and Mir. Stanton intimated that they told different stories than they had pre- viouslv told him ill his office The woman witness apparently had no recollection of any of the proceedings connected with the alleged crime with the exception of that re lating to a bottle of gin. On this point her mind was perfectly clear.
 J. P. Courtney, the second of the defend ants, was placed upon the stand, but upon | objection by defendants counsel he was not allowed to testify Mr. Stanton immediately moved that the charge against him be dis missed, and the order was entered and the | witness was examined.
 The theory of the prosecution apparently was that the Dale woman, after securing her victims money, had turned 1t over to Courtney; that he had failed to return it to her. and in reprisal lad been accused of the crime by her, the outcome being the beating up of Courtney, for which the woman had paid fine the previous day | But as far as the evidence elicited from him would show, not only had there been nc robbery, but he had received no beating or at least he did not know who committed the assault upon him, or what it was about He had had no conversation, apparently with the prisoner, and altogether he was 8 most unsatisfactory witness from the prose cutionS viewpoint.
 Courtney described himself as a 'messen- ger and general roustabout," and his testi- money showed that he was employed in the most menial tasks by the residents of the row" He showed familiarity with court procedure, and immediately after taking the oath he asked the court whether he was to testify as a defendant or as a witness He said the prisoner never gave him the S250 to take care of for her.
 At the conclusion of the hearing Com missioner Geraghty granted the motion oi the defense for the dismissal of the pro ceedings, and the frail sisterhood and their 1 sate11iteS left the collrt room in high spirits