Evening Journal

Former Judge J. Frank Ball Says There Is No Charge Against His Client

Some surprise was caused in Court of General Sessions yesterday afternoon when former Judge J. Frank Ball, attorney for Abram L. Tyre, in connection with the Shellpot election case, stated that he would oppose a new trial for his client on the ground that his case was not before the court.

In advancing this argument Mr. Ball held that inasmuch as the Tyre case had not been continued from last term nor had the defendant's bail been renewed, the case as a matter of fact was not before this term of court. The subject was brought about when Attorney-General Richards asked that the Tyre case be set for trial on Monday next. Mr. Ball objected on the grounds above stated, and said he had no knowledge that the case would be brought at this term or at all for that matter, as it was not upon the docket as far as he knew.

Mr. Richards asserted that the case was regularly upon the court docket and asked that as the defendant was not in court a capias be issued for him, returnable to-morrow morning. After some discussion at length by Mr. Ball as to the power of the court to issue a capias under the existing circumstances the court ordered the capias issued as requested.