Evening journal., 1921-09-29
ONE YEAR FOR
STEALING SAFE
Wife of McCool Becomes
Hysterical When He Gets
Prison Sentence
KEARNEY is AGAIN
FOUND GUILTY

on an appeal taken by the de-
fendant from the decision of Judge
Hastings in Municipal Court. Archie
Kearney was placed on trial on a
charge of assault and battery before
Judges Rice and Harrington and
jury in Court of General Sessions
this morning. He was fined 500
and costs in the lower court
The jury foun1 the defendant
guilty OF assault only. Philip L. Gar
rett, attorney for Kearney, moved
for new trial and asked for an ar
rest Of Judgment.
Kearney and Henry Anderson. his
laccuser. were roomers at the Pull
man House when the trouble be-
tween them occurred about a month
ago. Anderson charged that after
Kearney had demanded of him a
debt he owed the defendant. the lat
ter struck him in the head with a
mustard jar. When he returned
home the same night. Anderson said
that, as he passed by the complain
ants room, he was pulled into
Kearney's room and that Kearney
slashed him in the face from his
mouth to his eur with some sharp
instrument.
Kearney denied dragging Ander-
son in his room and denied cutting
the man. He said he was awakened
during the night by Anderson beat
ing him. They struggled and rolled
from the bed to the floor, he said.
He maintained that Anderson and
himself received their cuts from
fragments of glass pitcher that had
fallen to the floor and broken.
Character witnesses for Kearney
were produced by his attorney.
Philip L. Garrett.
Clarence A. Switzerland conduct
ed the prosecution.
When w. E. McCool was SEN
fenced to nine months Imprisonment
on a charge of larceny by Judge
Heise9 in Court of General Session.
today, McCool's wife became hysteri-
cal and had to be carried from the
courtroom. She was removed to a
nearby room where she was revived.
The couple have two small children.
McCool had pleaded not guilty and
changed his plea to guilty through
his counsel, J. Frank Ball The
man was described as a drug addict
by his counsel. He was charged
with the larceny of a suitcase from
a wagon Of the American Railways
Express Company.
Perry Lewis. Negro. pleaded guilty
to breaking and entering the Will
mington Furniture Company. Ninth
and King streets on August and
was sentenced to two years impris.
onment and to pay the costs
Arthur McDermott charged with
breaking and entering, changed hii
plea OF not guilty to guilty through
his counsel. J. Frank Ball and wa
sentenced to one years imprison
ment.
McDermott was charged with beinl
one OF the two persons who carried
off the safes OF the Woodlawn Trus
tees and the Strand Theatre anC
was also alleged to have been impli
Gated IN the theft Of several automo
biles.
A note was read in court that wa
alleged to have been written by on
OF the men to the Woodlawn Trus
tees, in which complaint was mad
that only a small amount OF none.
was found in the safe and requested
that thanks be given the Whining
ton Rubbr Company for the use o
their truck. which was used in re
moving the safe.
Evan S. Jones, accomplice Of Nc
Dermott. was sentenced by Judg
Rice. in Court Room, No. 2, TO si'
months Imprisonment. Application
OF Robert G. Harman, Jones attor
ney. for parole was denied by tn
court.
Mr.. Harman made strong ple'
for leniency for his client and pro
| duced a number Of character wit
= nesses. He pointed out that he
the sole support OF young wife ant
two children. who we're present Il
the court room. He also brough
! out that his client, when arrested
} freely confessed.
Paul Comegys, charged with tn
? larceny Of suitcase from an auto
|