Not a felonious homicide.
--On Saturday morning last the case of
Wm. W. Jones, charged with beating
John L. Curry on the 21st of June, and causing his death, was finally disposed of by the
Mayor.
His Honor briefly reviewed the evidence and after alluding to the fact that the
Doctors could not say the beating
Curry received had had anything to do with producing his death, and as the upper justified to seeing no bruises on the person of the deceased, and none of the witnesses saw more than one blow given, he was bound to dismiss the charge against the prisoner of, felonious homicide.
He, however, thought that
Jones was guilty of unlawfully assaulting and beating
Curry, and required him to give bail in $1,000 to answer an indictment for that offence.
The
Mayor then gave as a reason for not disposing of the case on Friday, his wish to have prosecuted all the parties engaged in gaming at Anderson's house, on the day of the fight,
W. W. Jones,
Robert E. Wyatt, and
Wm. Pessley, were each held to bail to answer an indictment for gaming on the Sabbath day.
Before taking bail for
Jones,
Mr. Crane, on the part of
Curry's friends, handed in a list of twelve names to be summoned as witnesses; but his Honor declined to re-open the case, stating that he had concluded the examination on the day before — that parties had had ample opportunity for furnishing that list pending the examination — that one of the persons whose name was furnished had been examined, and swore that he knew nothing of the beating, and that the precedent would be an exceedingly bad one, and one that he was not willing to set.
