Fulton County GaArchives News.....Witherspoon and Burdette on Bond February 8, 1900 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Meredith Clapper http://www.genrecords.net/emailregistry/vols/00012.html#0002801 August 10, 2006, 3:27 pm The Atlanta Constitution February 8, 1900 Bound Over on Motion of Their Own Counsel Had A Hearing Yesterday Cases Ended in Justice Court in a Very Unusual Manner A Startling Statement Was Made Motion To Bind Over from Defendants’ Counsel Resulted from a Motion To Dismiss On a motion of their own counsel Charles Witherspoon and George Burdette, who were on trial yesterday afternoon before Justice D. A. Cook, charged with a misdemeanor, were bound over to the criminal court of Atlanta. Each gave bond for $100 for appearance at the next term of the court. The motion of defendants’ counsel was made after Luther Z. Rosser, the prosecuting attorney, had made what the defendants believed to be a somewhat startling statement. After the state had rested L. B. Austin and S. D. Johnson, representing the defense, moved that their clients be dismissed on the ground that the state had failed to make out a case. Mr. Austin, who addressed the court, said that the only evidence at hand was to the effect that Mr. Burdette had refused to sell the hogs, although he had given one away. Mr. Rosser in replying stated that the evidence was to the effect that the hog had been given away in consideration of work done at the slaughter pen by the man who had received the alleged infected hog. This, said Mr. Rosser, was payment for work, and according to his construction of the law things of value given in consideration for work are in reality sold. Mr. Rosser stated that while he intended no disrespect to the court, he felt that he ought to state that the defendants would not escape the law. In the event the defendants were discharged from custody by Judge Cook he would take the case to the higher court for final action. “Go on with your case, Colonel Austin, ‘ said Judge Cook. “If your honor pleases,” said Mr. Austin, “it appears to me that we are wasting time here. If my brother is not to be guided by the action of this court, if a dismissal here will avail us nothing, it appears to me that the best course is to allow the matter to go to the higher court for action. We had hoped to have the case end here this afternoon, but in view of the statement from the prosecuting counsel the best direction to give the matter, in my opinion, is to let the final court settle it.” Judge Cook announced that this course would be agreeable to him. He then announced the defendants bound over and determined the amount of the bonds. Four Warrants Dismissed Of the six warrants sworn out before Justice Cook, all charging misdemeanor, four were dismissed, on motion of the prosecuting attorney. Directly after Justice Cook announced that he was ready to begin the hearing, which was at 2 o’clock, Mr. Rosser arose and moved that the cases against Jim Hillon, Otis Ogletree, John Bland and Henry Arnold be dismissed. The court complied with this request. Henry Arnold, a negro, was then put upon the stand. He stated that he was given one of the alleged cholera-infected hogs by Burdette. He said he had cleaned out one of the slaughter pens and that the hog had been given him because he had done so. John Bland, also a negro was the put upon the stand. He stated that he had been given one of the hogs by Burdette. He said he had found nothing wrong with the taste of the hog, but that there were little black marks about the size of the end of his finger on several places. Under the cross-examination he stated that the spots looked as if made by a whip, or by the bruising of the hog in some other manner. Nat Anderson, the bailiff at Justice Cook’s court, then took the stand for the prosecution. He was called upon to state where Burdette had said the hogs came from. Anderson said Burdette had told him that the hogs came from Witherspoon’s place. Inspector Straton Talks Inspector Straton stated that on the day previous to the trial in the police court he had visited the pen of Witherspoon, and had found a number of hogs there. He gave instructions that the hogs were not to be removed. On the day after he had again visited the place and found about thirty hogs missing, and there was no one at the pen, he said, who could tell him what had become of them. ‘Isn’t it a fact,” said Mr. Johnson, who, at this juncture, began the cross- examination, “that these warrants were sworn out because your orders were disobeyed, because you were ignored?” “It is not a fact,” said Inspector Straton. “Didn’t you get mad?” asked the attorney. “No, sir, I did not,” replied the inspector. “For your enlightenment, however, I---“ At this stage of the examination a discussion arose as to whether inspector Straton should be allowed to conclude his remarks. Mr. Johnson having announced that he did not want an enlightenment.” Justice Cook having ruled that the inspector should continue, that individual stated that while he had no authority to give orders outside of the city, he did have charge of meats within the city limits. He said he told Mr. Witherspoon that if he removed the hogs a case would be made as soon as he, referring to Mr. Witherspoon, entered the city with his meats. It was here that the state rested, and Bill Whalen took the stand for the defense, although his testimony was never given, as the two defendants were bound over on motion of their own counsel. File at: http://files.usgwarchives.net/ga/fulton/newspapers/withersp2553nw.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 6.0 Kb