Show wa I 1 7 I 1 I 1 0 1 I 1 A GENTLE TAP i ill ahat it is mint kick illick mccarty gilie gave albert id oven ll 11 I 1 A I 1 01 alot enoi 0 hillry lill ry the th bond roads ef of ten ren garf la in an against tto city are declared fer felted quon caong g dan lung ann on friday afternoon ili the case of ogden city vs e quong dnn dan lung the jury returned aVerd a let of tins this morning on ilia opening court the in jury for ilia caio u of ogdon ogden city A 1 L mccarty appeal was in tins this cao case defendant appeal from a do cislon in in lie tile police court convicting corn ting ami of a battery upon the ilia perou per ou of albert brown N tanner jr kopro rented ranted ilia city and L it rogers appeared for foi lie defendant tito alleged lT enso tool took place on oil march of the present year ear the complaining bitile wi tue tile alit brown and three others tient to dero defendants a few minutes after 12 oil saturday night ono of the boys bo e called for it drink and mccarty cCarty 11 replied blied that they could get nono none and abdad ad droe eing brown said ho lie had b been caught on oil a pinhook once through wiling selling I 1 in liquor on oil lo 10 bunda sunday this 1 assertion brown repudiated and explained that ho he wn mas called as a ii i ai against 1 SI cCarty ome but it was not fur for belling selling liquor on bunday sunday tor for lie alever la cd ed any ally 0 of I 1 1 linn li 1 a some dispute then arose about a an n 1 nc i c count that brom it waa was owing to mccary tI cCarty accused broan brown of not paeng ing his ilia debts and brown ilese raj that SIt Cart had overcharge ed him or he lie on id have settled the account hot word cre and announced that lie could mitia n lup linn him or any othis of hl family brown paid faid that it f I 1 mccarty a fight lo 10 could be accommodated mccarty then ordered brown out of the house and broan brown parted out when me carty cart w nho ho had obtained a pistol lilt hit him over the head with milli it brown bromn went out and then returned for a lair pair of shoes abich lie had left behind him 31 mccarty cCarty then wanted to fc liaLe but brom it refuted ed he ile was ordered out again and went tito abao bov 0 facts elucidated w in tho tile evidence eid enco for the prosecution the witnesses called allied w acro ilbert brown and hubert brown L mcc airty was sworn for fot tho the defence and that lie he sir mr n was mas full at the time wita nom a did not want any bother and told brow Brown n to togo brow n refused and w it ness cot 0 t ii ins pistol 8 tol and gave luca him a ars gend genth fal tap lu ua 1 to liis his orders it was mas only a gentle tap for mid witness 1 I 1 am a large inan inart and if I 1 had id excited all my force ion on oil him ho be would not have ha got out unless he lie waa was carried out witness calculated to make brown go out he ile did not know that lie would liao have killed him but lie certainly 1 intended that ho be raould go he ile would talo tako the same stepa steps that lie consid considered emd ho lie w m ix be lusti 1 fiod in in tiding taking if a man mail refused to to bev 1 e hia his dwelling house brown brom ii called caned liim him a g d liar and ho he was determined to have liim him go out aco fruin corroborated mccartee Mc Cartye L tat ement about the gentle tap etc L this closed the evidence and coun pel addressed the jury the tile court charged the lury and were instructed to return a scaled verdict erdi ct asa as a recess was w as about to bo t tilen a ken i at 2 rpm pm court sart reas and ilia verdict u of ilia jury in in the T mccarty It Carty case wa was read th they found ohp defendant not guilt ezrh alio llio a costs of the ilia m a mg w taxed against ag dinst the city cit the case of ogden city vs michael Il ichael Clu licen was dismissed in the case of ogden city AH A H be ben n carr garr gambling sim bling appeal tile Ie fenda nt not pre dreint int for trial sir tanner ask anaed ad that the bonn 11 bo be declared forfeited clr ir kimball m who lib represented mr ur garr W stated thit that I 1 sir ir garr a hid bad been for he ile la at bea on and had li id bent sent word mord that lie would come do down n defendant defend int is is not abl obliged to bo a nto art ait t ili hie offense of i is s onla cinie go a x ihde CAnue aalthe it lalic c ase could bo trot in in air explained that the de autt be present as if tho ito it o of tile coort court should be aih im tile court could not enforce ita autence qu tence ilis hi honor looked over lie the statute under mahich ilia bond was darwn ii and arid announced a that lio lie waa wits of the opinion the bonda bonds would hae have to bo be forfeited defendant defend intia bi bound to appear al at tins this term of court and lie ike has not dono done so bailiff aa willinia Wil ill linin iain was instructed to call tit e mainos shwas lie defendant and ins his A J stone and h ulee hulee abb the ilia name names w were called and no une anam answering cring tho ilia bonda ere declared forfeited 11 ilio to ali amount in it t is 14 to double tho tile amount of lie the fino fine in in the tile court IK atlow low then there was w is a chalif changing ing of clin haara and a flicht bustle 11 as t ino to at attorney torny prepared for action in in a ase case of the tile corinne corinna abill camil and stock comiano Comi any s william willi bui John johnson fon A jury waa wit called and tho ilia case commenced coin it is w a bint sult for the tile value alii eota of a number of flicop alleged to hac lave been taken full and for dain 21 it involves ua thousand I 1 collare lol lare III ji chase and J N krinbill Klin bill il ap aired feared xi red for plaintiffs ti 1 4 jiavis JI J SIa aVIi stud T malone SI aloney y represented tho the defendant de |