Show IS FINED 10 Judge Judg Murphy Disqualifies Self and James N KImball Hears Cas Cashen When hen the th case of ot the city against Wil Wilhem 11 hem Ilem Spell berg charged with assault and battery batter preferred by Sol J Kaplin was called Judge Murphy announced that he was disqualified as he had witnessed the thelast thelast thelast last fight between the two on ort Washing ton avenue on Sunday morning and that he would be prejudiced The attorneys for both sides then met and agreed upon James N KImball to act as Judge Upon the convening of the court with Mr KImball on the bench the second complaint which was preferred yesterday morning was dismissed and the charges In the first complaint were wre read and an the defendant tried on this charge The testimony introduced told of or the at attack attack attack tack on Kaplin by b Spell berg while the former was sitting in front of ot the he store of ot Ben Cohen on street and the complainant offered affer d as evidence a 11 discolored left eye ec testified that Kaplin used foul language toward him arid and that he was Justified in making the assault The court In passing ng sentence stated that the defendant was technically guilty ot of the assault but from the facts In the case he was inclined to deal with him and therefore would fine him 10 |