Rensselaer Semi-Weekly Republican, Volume 36, Number 113, Rensselaer, Jasper County, 27 September 1904 — THE CIRCUIT COURT. [ARTICLE]
THE CIRCUIT COURT.
Alfred and T. J. McCoy and Walter M. White appeared and gave bail in the various indictments found against them by the grand jury. There are 20 indictments against Alfred, 22 against Tom [and two against Walter White, Alfred gave cash bail in the sum of 16,000, the same having, as we are reliably informed, been furnished by friends who prefered to furnish bail in that form, rather than to sign bail bonds Tom gave James F. Irwin of Rens selaer and Enooh P. Haywood, of Lafayette, as his bondsmen, and Walter gave his father Robert White and B. K. Zimmerman. Their cases will come up for hearing next Wednesday, when no doubt the sufficiency of the indictments will be attacked by a strong force of able attorneys. If the indictments are held good, it is generally supposed that a change of venue will be taken from both judge and county. The ’ celebrated riot case was tried Friday on appeal from Squire Troxells court, and a justice’s jury. The parties were Blaine and Melvin Wood, of Parr, their sister Mrs. Lizzie Hurley, and nephew, Willie Sea. It will be generally remembered that about two months ago, there was quite a disturbance at the home of Mrs. Lenna Gant, in the east part of town, she being the sister of the three first named defendants. It was understood at the time that the defendants objected to attentions alleged to have been paid to Mrs. Gant, by Dr. 8. H. Moore her family physioian*and administrator of her husband’s estate. They were charged with riot, and in the justice’s court were fined $2 each, and costs. The circuit court jury reversed this verdict however, and brought in one of not guilty. The jury was out about 2| hours, and at first are said to have stood six for oonvic* tion and six for acquittal.
Charley Thompson, who was oonvioted some months ago in Sqnire Troxell’s court and a jury was tried again, on appeal to the circuit court. The charge was giving liquor to a drunk person, and the offense was a very flagrant one, and one that sorely needed making an example of. The Squire’s jury found him guilty and fixed the punishment at the very light one of a fine of $lO and costs. The cirouit court jury brought in a similar verdict, with the same penalty. They also remitted a’l costs in the justice court case, which was an entirely wrong thing to do, as justices and juries in the Justices’ courts are just as much entitled to their pay for doing their duties as juries in the circuit courts. Moreover, the precedent was wrong in principle and an injustice to the public. If a man commits a wrong and unlawful act and is properly punished in a justice court, the circuit jury has no right to reward him for taking an appeal from the justice court, thereby increasing his chances for escaping deserved punishment, and at the same time putting the public to additional expense in trying him again. Wes Michaels, of near Stouts, burg, was tried on the charge of stealing a few bushels of oom. The jury very quickly agreed on a a verdict of not guilty.
The case of Wm. P. Baker vs Geo, W. Gowland et al, was tried Saturday. An east and west road, a mile long on section lines, and in a gap where there was no road for three miles, was established by the commissioners. It passed be* tween Unde Bill’s original big farm, about four miles north of town, and another whiohhe bought some time back. It was a road
much needed by the people, and also by Uncle Bill himself, but he seemed to think he ought to be paid for being rich enough to own land on both sides the road, so he appealed from the commissioners, and wanted 51,300 damages. The jury thought Baker was benefitted as much as he was hurt, so they ordered the road opened, gave Bill nary a cent, and left him to pay the costs. A righteous verdict, for he knows and all the neighbors know, that he would not sell either of the farms for a doPai less because of the road going between them. Would probably ask more, if anything.
