Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-06-16

men came out arm In arm, and were speaking
iooo. Donnelly went up to them and said gen
uemen, don't make any noise here; go home
quiet" Mr.. Gideon replied that they would make
no disturbance, and Immediately coaxed the mer
Mno were In company with him to remain quiet
witness observed that Donnelly now got into
conversation with Mr.. Smith, and heard Donnelly
ask his name, saying he had saved bis (Smth's
lie lew nights previously. At the same time
witness heard voices in the crowd, saying ssle
them co. them light grey coats" Soon we came
70 the corner Of < and Nintt streets and Donnely
passed Stewart and another man walking to.
gether, and said to Stewart, 'sbetter you 90 home
now, you louise" Stewart turned round and said
your id thief" Mr.. Gideon had hold OF
Stewards arm. Donnelly said ''you call me that,
Stewart replied ttyesn Donnelly then said al
arrest you,h and Mr. Gideon demonstrated As
stewart turned about be got one arm loose and
thrust IL out towards Donnelly, who instantly
struck him; and Waterman Fitzgerald went
round and took Stewart by the arm, He walked
about twenty-five feet and fell to the pavement
before DonneiIy struck Stewart, Stewart had got
bis LEFT hand loose and grasped Donnelly by the
cl7thing about his breast Witness and his com
panlons We're about TWENTY-FIVE feet from Berret;s
mouse, IN street, when they first heard the sere-
naoe, ana the screaming, and the loud speaking
Donnelly's partner was sick that night and vii
ness and his partner got orders las Is usual In such
10 join the two beats together and all 90 on
poln oeais Witness Is sure Stewart got an arm
III -
witness was quite near at the time
MT. Utermehle -"Do you know Mr.. Gideon!''
witness have often heard of him, but
never knew him till that nipht''
Mr.. Uttermehls YOU not tell Mr. Gideon
tnat night, In answer TO question as to whether
you knew anything OF the transaction, that YOU
saw nothing OF It and washed your hands of II allf
Wltness.-'Not as | remember OFF,
Mr.. Cttermehle.-"Did you not say that nj CHIT to
MI. Gideon, in answer to an interfogatory, that
you saw nothing Of IL, because a tree was between
you and the parties 20
Witness.-"Neveri neyertD
MI. RatcIihe desired to know what the counsel
Intended by this cross-examination Whether ii
was the intention of the prosecution to endeavor
10 contradict the testimony Of this witness!
Mr.. Uttermehle.-''I am question: g him for the
direct purpose Of contradicting him, and mean to
saidn e
Mr.. Uttermehle again put the question. as to
whether the witness did not, on that night in
reply TO question from Mr.. Gideon, say that he
never saw anything of IL, because he was behind
of 1t
The witness, sharply.-"Never, sir. never got
behind tree. ] am an officer, and know my
duty, and when Stewart was on the ground, two
Of rnfe S Iiea TO take my sPonoon from under my
Donnelly ID thief, in reply to a remark from
ID, that he (S) was a id louise"
Alr Gideon here desired to make one explana-
non OF his testimony. a point he had before over
looked: When Donnelly called Stewart a white
llvered coward, Stewart replied to him, "Take of
your uniform and III show you whether I'm a
coward. -
Michael zgsrald, sworn Witness is night
Waterman, and was present with Donnelly and
hempler on the occasion referred to- When wit
ness and his partners got in front of Mr. Berrys
mouse, tne several gentlemen referred to came out
OF the door, and walked up towards the corner
they were walking and talking, and possibly
some one swore an oath or two, and Donnelly
walked ahead OF witness, and up to them, and
wnen witness got to the corner Donnelly was
talking to smith. Messrs Gideon and Stewart
were together, and Donnelly stepped up to the
side OF Stewart, and witness went up to Donnel
~ Witness heard Stewart say in reply to some
ming D1nnelly had said to him, Lay down
your stick, and can whip you" More words
followed, and Donnelly said, You had better
90 along about yOnr business 4" Donnelly then
called Stewart louise, and Stewart called him
In return, thief Witness went Immediately
up 70 them, but did not see Stewart take hold of
Donnely. When witness got up to them Dom
nelly had Stewart by the collar Then Stewart
was struck. They were not ciinched at all be-
George S. Gideon, recalled stated that he knows
hemPler. That soon after the blow was struck
witness said to him, "Hempler, did you see
this!" and Hempler replied dNo, sir; saw no.
thing Of it, 1 wash my hands of il all was
some distance behind them
The case closed here, the counsel on both sides
expressing themselves satisfied without making
any remarks upon the evidence
kJThe Justice remarked that he ALWAYS felt II a
pleasure when an officer was attacked to defend
ana protect him. IL man molests an officer Ia
the discharge of his duty. he does it at his own
per-! and must take the consequences, be they
~nAt .ney may But when an Officer hos dome
what MIR. Donnelly has done, he, as a Justice of
the Peace, had nothing to do but to hold him to
pail to answer for his conduct before petit jury
An of1cer is bound to do his duty in different
manner from what this officer is shown to have
done, and he should hold him to bail In his own
recognizance for $500, and 1920 beside for his
appearance to answer the charge at the Criminal
Court.
MI J h. Dunawin came forward and offered
himself as security, and took the oath as to his
possessing sufficient property over and above his
Just debts to pay the bail should II be necessary
The recognizance was duly entered into, and the
case was closed.