The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-10-18

custody of the law answer the charges preferred
a number of his professional friends, rendering
iI him their aid, ana from among these he chose IS
lis and Samuel @. Perkins Esqs. writ of habeas
corpus was at once obtained from Judge Allison,
directed to Chief Mulholland, who had him in
charge, and made returnable forthwith.
The Court of Quarter Sessions had some time
before adjourned, and the District Attorneys had
TO be sent for to watch the Commemorative inter-
ests in the investigation about to be had. Mr..
Mann was escorted into court by the Chief of
Police, attended by counsel and followed by
immense throng, making the courtroom, which
recently deserted, densely packed by the
excited multitude. AT four O'Clock, while the Co
roDer was holding his inquest in regard to the
death of Nolen, the hearing of Mr.. Mann's case
upon habeas corpus was begun by the court.
The chief of police made return to the writ that
he held MIR. Mann by virtue of the two warrants
above mentioned, for the offence therein specified.
was Charles NJ. Hurley, who said that during the
sitting of the return judges last Thursday in the
Nisi Prius courtroom, he was in the vestibule in
front OF the door, being there in the interest of
candidate in his district, Between twelve and two
oclock-he was not positive as to the precise time
Mr.. Mann appeared at the door in answer to a call
from the board of judges, and demanded admission.
John Ahern, who was standing there, insisted that
for by the other side saying that he had promised
to wait. Mr.. Mann said he had not SO pro-
Mr.. Mann did. Both Became me- excited, az and Mr..
Mann went through the little room between
the two court rooms, tried the door there, and
then returned to the vestibule. AT that time
a man calling himself a return Judge came
and demanded admission the door was opened
and MIR. Mann, thrusting the individual aside,
pushed himself Inside, followed by Ahern, who
was jsmmed by the closing door; the witness was
forced in by the pressure of the crowd and then he
saw parties beating Ahern about the head with
blackiacks, as he was fastened in the door; he
ceeded in extricating himself, and then the door
forced open and the crowd poured I'M he says
blsckjacks and pistols numerous; some of tue
parties inside having weapon in each hand;
Crawford was standing in the jury-box, and Nolen
near the east end of the judges bench; he
hl Z. wi hOOt
and, looking at him, him pointing toward
Nolen; then he saw Crawford fire the shot, and
Nolen fall this witness said he saw nothing in
Nolen's hands at all; saw blow struck, and
nothing thrown; there were policemen standing on
the stai.ways all the way up before the diff Guilty
occurred.
Charles q. Wilson, who was present at the meet
ing of the return judges in the capacity of reporter,
said he did not see Mr.. Mann when the shot was
fired, and did not he r him say anything to Craw-
ford; he heard the word shoot' uttered, but could
not tell by whom; he thought Ahern had in his
hand piece of railing torn from the wall; when
Noen was endeavoring to enter the room three
four blows were struck at him; he saw several
blackjacks, and remembered that when the shot
fired the man who held the railing dropped it
like hot potato; he was not very positive that
Ahern was the man who held the railing.
John j. Carlin, return judge of the Sixth ward,
was next examined. According to him, Crawford
into the jury-box, from which he fired the shot.
Nolen was not doing anything at the time of the
shot nor was MIR. Mann heard to say anything.
Mr.. Mann, "You told him to shoot" and Mr..
Mann said, 81 did not; told him to defend HIM
self"
j. Gordon Showacker, return Judge of the Twen-
teth ward, said Crawford retreated, pursued by
out, "coloneI Mani, shall shoCt@ A an and iA Mr..
Mann replied, "Defend yourself" After this Noen
picked up a heavy spittoon and threw it at Craw-
ford, who lodged it, and it was broken into frag-
ments against the wall. Crawford then took de-
liberate aim and shot Nolen. He saw no black
the toorkeepers using them on Ahern' head.
Here the Commonwealth proposed to offer in evil
evidence necessary to it's introduction proved that
Alderman Colgan, who took the deposition, did not
indite it as the language OF the deceased, but he
understood to be Nolen's declaration.
After hearing counsel upon this point the Court
the genuine dying declaration of Nolen, but simply
as the Aldermans Interpretation of it, and there
fore it could not be received in evidence.
Alderman Colgsn was then examined as to the
verbal statements of the deceased and testified that
Nolen had said he thought he was dying, that
Aleck Crawford had shot him, and that the shoot
ing was induced by VIM. Is. Mann, the late District
n. f. English, president of the Board of Return
Judges, described the forcible entrance of the
crowd into the room, and said that Crawford re-
Nolen and several others. He was alone, and when
he got near Mr.. Mann he looked at him in an i'm
poring manner and asked him something, and Mr..
Mann said "Defend," or "Protect yourself" At
that time man was standing near Mr.. Mann, with
piece Of railing in his hand; another was close by
Crawford, which missed him and struck the wall.
Then Crawford fred the shot which killed Nolen.
NOlen stopped as IL he expected Crawford to shoot.
Mr.. English hand fastened In the door, with
pistol pointing inside, which Mr.. Better, of
the judges, seized and turned toward vacant
Mr.. Better was examined and stated the facts as
Mr.. English gave them. He saw Ahern running
about very much excited. begging somebody to give
him "pop." He did not see Mr. Mann point to-
ward Nolen, but had he so pointed he would have
This closed the testimony
Mr.. Cassidy arose and said he was here to repre-
sent r 1his er @ and 70 answer 1s or ns
inquired of. He hardly thought the District Attor-
neys WOULD upon this evidence ask that Mr.. Mann
make such demand he would reply to it.
Mr.. Sheppard said this case was to be treated ex-
actly as other cases, and no matter who were the
parties concerned, it was to be treated as other
hearings upon habeas corpus. He simply desired to
perform an official duty here; nay he did not desire
but bound to do it. Now this investigation was
not trial of the question of guilt or innocence but
simply an inquiry to ascertain whether there was
primo facie case established fit for netit jury. he
had examined parties upon all sides. He thought
there was proof of riot proof of killing and proof
Of the defendants presence at and participation In
the occurrence of that day; and there was evidence
which, if believed, would warrant conviction, and
this was all that was necessary 70 be established.
say he thought it should be sent petit jury and
in saying this he said no more than his duty as
officer of the State constrained him to say.
Mr. Cassidy said that the proposition of the Com
nonwealth was that the Judge should believe two
witnesses who swear to one state of facts, and dis
believe eight who swear to another. This was to
stutify the common and the conscience of the
Judge. The Judge was to decide this matter by
the proof, and that showed William b. Mann to
have been guilty of no offence known to the law
of the land.
Mr. Mann was there lawfully, at the call of the
board of return judges, and no had the right to
hinder him; in fact, all those who opposed him
were liable to an action for assault and battery
Being there by lawful authority, act of his sup
ported the allegation of melting to riot.
Then as to the killing, was not Crawford proven
to have been pursued to the wall by Noien? and
n he mOaf i'm m inRn