Norfolk day book. [volume] (Norfolk and Portsmouth Va.) 1868-1880, 1869-08-19
EXAMINATION OF OFFICER
GULLY,
IMPORTANT TESTIMONY, DC.

.
animation Of Officer Gully, charged Will
malfeasance in flee, came off befor
Col. Donovan, Military Commissioner
yesterday afternoon. -
Some ten days ago, III wilrbe renien.
bered, he was suspended by the Mayor
upon thescharge indicated, and, feeling
that injustice had been done him, ne re-
| paired to Richmond, andlaid the niat-
ter before Gen. Candy, who ordered a
military examination in his case.
The following is correct testimony
of the most important witnesses, ELECTED
before the said Commissioner
Mayor DeCordy sworn, testified; On
the 7th of August two men were
| brought. before me, named VIM. Rogers
and Jas. Sniff, charged with cutting
and beating Jas, Tully, negro, at Ocean
View--beatng him over the head
with brass knnckles; James Tuily
made oath that these two were
the mon that assisted to beat him !;
had two colored and two white wit j.
nesses to prove the fact !, upon exami-
nation of James Tully / found that he
had been beaten at Ocean View, in
Norfolk, county; therefore ] had no
jurisdiction id The csse; then called
upon Joseph Gully, constable, to take
the two prisoners, Rogers and Smith,
with James fully, the wounded man,
and his witnesses, to the nearest magisa
trate "a Norfolk county, and deliverthe
prisoners and the wounded to him,
whoever he might be; also called fully
up 70. the desk, gave him the brass
knucM i, and told him not to give
them up to any one but the magistrates;
then told officer Gully TO- select any OF
the police force in the courtroom, to
assist him in carrying bhe prisoners
over next day 18th Mr. Nat Lee
came forward and made complaint
against Gully, stating,thatSb,s had not
carried the black man Tnliy,5or the
prisoners, before any magistrate, and
that there was a good deal of ex cite
ment among the colored population on
account of it, and he demanded an To-
vestigation also stated that Mr.. Gully
had told Mr. Ashley, detective, that he
had made $40 out of the case Mr.. Lee
required me to summon Mr.. Asbby and
Mr.. Weeks; l saw Mr.. Ashby and he
stated under oath that Mr.. Gully had
told him that be had received $40 in
the case; Mr. Gully demanded to be
sworn, swore him !; stated under oath
that he did take the black man Tully
before magistrate, and could prove it
by officer Hubbard; summoned Mr.,
Hubbard and swore him, and he stated
that Gully did not take Tully before
any magistrate while he was with him,
| frem IL a. m. until 8 p. M. Mr.. Cally
| made oath of his own free will and ac-
cord in the presence of several persons
attached to the court; at the request of
Mr.. Lee I went to Tully's house and
took his affidavit he swore that from
II a. m. to 81 p. m. he was kept in the
sun in Portsmouth, and rot carried be-
fore any magistrate,
I Question by accused-Did | ask you
fthe Mayor to summon witnesses 10
my defense before was suspended :?
~ Answer-Not to my recollection.
| Question by accused-Dii ! not ask
you to hear the evidence Of my witnesses
before you suspended me
Answer-No, he asked to be heard
and | heard him he refused to be tried
by a civil court; said he would only
| be tried by "a military court.
Question by Commissioner-Did you
hear the evidence Of any witnesses on
the part of Gully, touching the action
| of the accused, against him III MS pres
ence :?
Answer-No; because Gully left the
/ court-room and refused to be tried said
he would be tried only by a military
4 tribunal.
! Charles F. Ashby sworn Was stand
ling on Church street talking to Consta-
BILE Mccain; saw Gully coming up the
street; remarked to McCann, "wonder
how Gully made out with the prisoners
| he carried to Portsmouth" When Gully
came up asked him how much he made
on the job; told me $40.
James Tully, colored, sworn. On I'll
August left court room Norfolk between
J 10 and IL a. M, to go to Portsmouth
] with officer Gully was with him unit
8 or O'Clock, p. m. then was told b
+, Officer Hubbard that nothing wopl
g come Of the case. Officer Hubbard ais
told me that if they got magistrate tn
|, case it wouldn't amount to anything
= Mr., Gully also told me he couldn't get
!. magistrate. Hubbard said there wei
]; men who would go the bail OF pris one'
n l , Il. ~ ma