Show SMITH SMITH SMITH JUSTICE ATTORXEV ATSO DEFENDANT DEFEND-ANT IX THE POLICE COURT ulton Appeals Hir Case H A Argues Ar-gues For Cinrtliner and Grant II Dltsinitiea Charles ICeadrlclcs While the number of cases in the police court were not as numerous upon other days they were of considerable consid-erable importance and legal lore and forensic ability flashed and scintillated around the courtroom like the blazing lamps of alabaster in the enchanted cave of Aladdin Attorney J A Williams was the first to shy his castor in the judicial ring appearing with an affidavit sworn toby to-by Nulton Smith the negro convicted of taking Mrs De Youngs pocketbook said affidavit being a part of the papers in an appeal to the district court from the decision of Justice Smith in sentencing sen-tencing Nulton to forty days imprisonment imprison-ment The affirmation was couched in all those terms so familiar to jurists and set up that the complaint did not state facts sufficient to constitute a public offense that the evidence was of a character purely circumtsantial and further that the court acted in the dual role of both prosecutor and judge and engaged in wordy skirmishes with defendants attorney Wherefore Where-fore etc The wherefore was granted on filing a bond of 150 and Smith is at liberty Smiths held the day in court Smith presided as justice Smith figured as defendant de-fendant and Smith appeared as attorney at-torney The two first have been noticed no-ticed now for the third He came in the person of H A Smith attorney for Robert Gardiner who upon the charge of cruelty to animals was in July given a jury trial found guilty and sentenced to pay a fine of 20 or be imprisoned im-prisoned twenty days Defendant immediately im-mediately gave notice of appeal and the papers in the case were taken to the district court by the clerk of the police court but the defendant failed to docket the same within the thirty days required re-quIred as by law A notice to this effect ef-fect was served some time ago upon the city attorney who caused a bench warrant to Issue for Gardiners re arrest Gardiner cams Into Court and plead ignorance of the law supposing his attorney had attended to the matter mat-ter Justice Smith gave the defendant a few days to consult some attorney Yesterday Attorney Smith appeared and took the legal position that the police court had no jurisdiction as the case properly belonged to the district court that the only act left for the city was to pay the docket I fee and get the case dismissed I from the district court in order to obtain ob-tain jurisdiction Numerous authorities Were quoted all of which were opposed by Mr Van Home and pending a more exhaustive discussion of the subject the case was continued until tomorrow A somewhat pitiful case was that of Charles and John Kendricks father and son charged with the taking of a small quantity of coal from the Union Pacific yards The statement of the old man was that he had taken the fuel because his wife and six children were cold and he had no money to buy and could not obtain employment Did you steal this coal knowing it was against the law and run the r sk of being sent to prison asked the court courtYes Yes sir I stole the coal and I knew it was against the law but it was a case of necessity I promise that I will not do such thing again You understand said Justice Smith that a railroad corporation must be protected as well as a private individual Yes sir Mr F M Wean the companys agent Ithen arose and said the company com-pany had no desire to prosecute the case and on motion of Attorney Van Home the charge against the defendant defend-ant was dismissed |