Show COURTS AND CRiMES The Crooks Who Were Convicted Con-victed Yesterday JlCAflTY WILL GO TO THE PEN How the Eloquence of an Attorney Saved YoungHandell From Doing Time the Bincham Thief The case of James McCarty charged with grand larceny was taken up in the Third district court yesterday morning The defendant was indicted with John Watson and William Flynn for stealing several pairs of pants from the Peoples Equitable Coop on May 8 last Mr Armstrong Arm-strong appeared for McCarty and Mr Critchlow prosecuted Isaac A Emery testified that on May last the defendant with Watson and Flynn camoto the Equitable Coop where tho witness was engaged as clerk and after looking over a lot of clothing on the second floor departed A day or two later tho vitness was Notified that a lot of pants had been sold to Mr Butler a second hand dealer The witness went down to the second hand store and found that the pants had been stolen from the co op The goods were worth i3r Thomas Butler testified that he purchased pur-chased tho pants referred to by tho last witness from McCarty Watson and Flynn in May last McCarty did not receive any of the mone Tames Fiynn testified that ho met the defendant for the first time on the day whoa he and Watson sold the stolen pants Butler McCarty knew nothing at all bout the pants being stolen and had noth lug to do with the transaction John Wai son testified that he and Flynn stole the goods and McCarty had nothing too to-o with i S James McCarty > the defendant testified that Flynn and Watson with whom ho wus acquainted met him on the street on L lay 8 and asked him where they could sell some goods The witness went to Cutlers store to see if the proprietor anted to buyrthe pants That was all head he-ad to do with tne transaction He never was in the Equitable coop and at the time1 wheat Mr Emery said he was in tbe stcrj he was doing time in the city jail for being drunk and disorderly Tnis closed the evidence and the jury brought in a yerdict of guilty RESISTING AN OFF1CCU The case of Alfred Kern charged with resisting an officer on April 30th last was then taken up tne same attorneys ap earing Dr A D Niles testified that at about 1 olock a m on April yoth burglars entered his house on South Temple street through a cellar door and stole a gold watch and some other property He notified the po Hceof the robbery Expolico Officer Carson stated that on the night of April 30 he was notified that Dr Niles house had been burglarized sal he was detailed to look out for the burglars to soon noticed two men on First East street who were acting suspiciously and when they sawthe witness they hid in the shade Officer Raleigh then joined tho witness wit-ness and they walked up the street to arrest est the men Witness arrested one of the men and Raleigh undertook to arrest the defendant but he broke and ran and in capturing hlnf arsot let the other man go The defendant had i gun in his hand and the witness had to fire at him to make him stop Officer Raleigh testified that he under took to arrest Kern on the night in ques ton when ho ran up tho stairway or the Vicks building on First East street and covering the witness with hisgun ordered him out of the way and ran The witness tiled out to Officer Carson thatKern was coming and Cdron succeeded in stopping the defendant1by using his gun Mr Carson Wjis recalled and testified that he examined Kerns room after the arrest and found some burglars tools thereAt there-At this point UTecess was taken until 2 j m andwherttho court again met at 2 p m it was announced that the defendant hat made his escapd from tine marshals office As the offense charged was only a inisde raeanor howthdt the trial was proceeded vith but no further evidence of importance import-ance was add iced The jury brought in a verdict of guilty TiE EFFECT OF GOOD PLEADING 1 The casp of J W Rindell and Cyrus Aaron charged with grand larceny was 1 then taken up The case was an unusually sad one and strongly illustrated how the demon drink will pervert a nn urally honorable hon-orable nature and lead its victims to commit com-mit acts which it would otherwise be impossible im-possible for them commit Ttoeevidenci for the prosecution showed that on April 23rd last the defendant Randell went ie urceUs stable in tnis city and engaged a engage horse and bussy to go to Garden City Instead of so doing he fell in with Aaron md they drove up to Ogden where their horse was traded for another animal They them proceeded on to Promoii tory where Aaron sold the outfit to Mr Brown an hotel keeper for i That night Mr Brown received a telegram ronr Sheriff Lovemnd inlorming him that he horse he had purchased iKd been ol Gained by the non Dy trading stolen anl mU for it and instructing himto hold thei until be cine Wlien the sheriff arrive alid fook the men into custody Aaron old him that be supposed Itandell owned the outfit and went into partnership with him in thedec rling ousincs1 The defendant Randell was the firs witness called lj the defense He i young man ot intelligent and gcntlcmanl appearance and manner and it was df fioult to believe that ho was under inuic ment for horse steal mr He testiiledii1 obtained l the horse and buggy from Mh Rurcell as stated and was going outfii Garden City to try and selL1fi anl lot I had teen drinking tr three or four weeks and on going up to Street met Aaron We went into a saldfi and got to driukinsr and the next thing pr remember was lying I iu the sagebrush tin tharoad to Promontory I suppose I wa drinkingall the time and I Imow I had n box of morphine cilia with me I had n o intention ot stealing a horse The defendants father a line gray haired old gentleman was then called lie testified reside at Lincoln Neb rind have the honor of being the lather of the last witness who is thirty years of age and married Iliad him working in my mills until he learned his trade when his health broker down and he went to my brother iu Idaho Then he came back and I bought Uiim a farm which he worked for some time I then started him inAhe clothing business with his brother and afterwards being in the railroad busi nPs01 put film in the express department While I was fn New York I January last lip camp uut hero and this is the first time irt all his life that his honesty or honor has over been questioned Ha drinks periodi dilly and aside from that weakness he is a nfqdel man hi every way When in his cups he is utterly beyond the control of any mortal man The old man herebroke down completely ntjd no further questions were put to him H C LetttuRtiHpil that he had known the Ran d ais father and son for many y ars The elder Randell had charge of the railroad express business in Lincoln while the witness was engaged in the same capacity Denver Mr Randall also had charge of a contracting business amount ing to 150000 year while his son had tho active management of it Young Randell Raudel had shown himself a man trustworthy and faithful and the witness had never heard his honesty questioned until he got into this trouble J W Miner testified that he had known tho defendant Randell for a number of years He had seen him under the influ enceof liquor and on these occasions ho seemed to be perfectly insane and a very small amount of liquor produced that effect W F Spencer testified that ho had known the defendant Randell in Lincoln Nebraska and his reputation for hunesty was never questioned J W Smith testified that he had known dofendaniyiRandell at Lincoln and had een him intoxicated had I i4nj II a it t L t lJJd t t f t o J A lafyre number of affidavits of prominent pfmi nent citizens of Lincoln testifying to the excsllent character of Randell wereread Among these affidavits was one of the mayor of Lincoln and a number of physicians physi-cians testified that wheit wider the influence influ-ence of liquor young Rand Jas simply iasano I This closed the evidence and the arguments argu-ments were made by Messrs Calwel and Hamilton for the defense and by Mr Critchlow for the prosecution Mr Cal well came out from Nebraska with Randella father to assist in the defense and ho made an able and affecting argument appealing of ourse to the sympathies sym-pathies of the jurors Mr Hamilton addressed ad-dressed himself to the legal questions and Mf Critchlow made a strong logical argument argu-ment leaving out all matters of sentiment and insisting that it was the duty of the jurors to discharge their duties under their oaths and find both defendants guilty The fact that Rande 1 belonged to one of the first families of his state and that he had held important and responsible trusts could not be considered as relieving him of the responsibility of his crime The case jflnally went to the jury on the courts charge at 545 and theresult was awaited with intense interest At just 630 the jury filed into court and announced an-nounced that they had found Randell not ng euilty and Aaron guilty but recommended him to the mercy of the court This brought the little drama to a close and tho elder Randell took a stand by the jury box and heartily thanked the jurors as they passed out OTHER BUSINESS Emrick Holbrook theBountiful fire bug was arraigned and given until October 1 to plead Frank A Miller the very fresh young man from Omaha who recently got himself in trouble through impersonating Joe Bush was arraigned and pleaded not guilty Wolf Goldberg and Harry Freedman the thrifty Hebrews indicted for obtaining goods from Joseph Simon by means of false pretenses were arraigned and pleaded not guilty Charles Wright indicted for stealing a hope and buggy belonging to Annie M I Wilcox was arraigned and pleaded guilty to the charge of grand larceny The court sentenced him to three years imprisonment imprison-ment in the penitentiary A J OMally and Stephen Cronin indicted in-dicted for robbery pleaded not guilty Richard Peters charged with embezzlement embezzle-ment entered the same plea Frank Smith indicted for burglary took the statutory time in which to plead Adjourned until this morning at 10 |