The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-08-02
4 MEAN, MALICIOUS PROSECUTION
The Marshal Unanimously Acquitted on the
First Vote Of the Jury

Between eight and nine o'clock yester-
aav friday morning, August /, complaint
was made before Magistrate Chopper by
Iaonold Miller against Benjamin H. Min ,
ball City Marshal of Rock Island for as
saulting and pushing him into the street III
front Of a certain place on Illinois street.
between Eagle and Washington on the
south side. Complainant applied Tor ana
received venire for jury, VIM. Jackson
Eso on behalf of Mr. kimball,
consenting that the case should be caileo
this Saturday. morning to give complain
ant time to get ready with his jury lne
following is the
Benjamin H. Kimball ,, Rock Island. DR. |
In tvxcntv.ave dollars for breach OF ordlnahes,
| section two entitled IAN Ordinance iSs
Three concerning offences in the nature Oh "i''ue
meanors' LEOPOLD MILLER (seal) |
STATE OF iLLISoIs, IS.
CRY AND COUNTY OF Rook lsLAN d. and for said
Before me a Police Magistrate IN anu i't sn,S
cir mi. day comes Leopold Miller, VINO oelhs
d1ly sworn says the above statement If true !" '"'
he-t Of his knowledge and belief -, l..
Subscribed to and sworn before me this Isl Jay
vi aus f. C. CHOPPER, Police Magistrate
warrant was then issued and the case
was called this Saturday morning at nine
O'Clock. T. A. Neill, ESQ, appearing for
Miller. The following persons were called
as iurymen: Jacob Riley, Jas K. John
ston, Charles Fiebig ". II. Hayes, Amos
F. Cutter, Robert Coyne.
The men were present to answer to their
names, when Mr. Ernest krell-who In
terprets for the complainant-appearedt to
confer with Mr.. Neil relative TO the ar
rangement of the suit by withdrawal
After a while Mr.. Neill returned and
stated that his client wished TO have the
case dismissed and make fresh complaint,
The case was then dismissed at complain
n ants cost. and Mr.. Neill made out fresh
9 complaint. in the name of the people OF
- the State of Illinois, which was interpreted
i to the complainant and sworn to by him.
A fresh warrant was then made out and
. a Jury called, by the complainant, consist
4 ing of tine same jurymen who had just
- been discharged, with the substitution Of
y the names of Thomas Thorington and
James Johnston instead Of Amos +, Cut
ter and W. H. Hayes.
Mr.. Neill then challenged the array o
iurymen on the ground that the office
H. who served the summons was servant
r. the defendant.
Mr.. jackson said if there was to be an.
ns more trouble or delays about trying tn
ok case they would confess the exception an
ed 90 to trial without jury.
on Mr.. Neill then waived his objection
the iurymen called were sworn to d
right and Justice between the People {
al the State of Illinois and Benjamin L
70 Kimbal!, defendant and Mr.. Neil pr'
lis. ceeded to challenge the jury by pei
mo emptory challenge, removing on first cha
leure, Jacob Riley, Jas. X. Johnston an
Thomas Thorington, and on second cha
lenge. s. II. Moore and }. L. Hardy, Il
three vacancies being filled by Moses to
som, d. II. Frey and Joseph Phillip
asst accepted.
lex Mr.. jackson then peremptorlly cha
r,s lenged Moses Folsom, and ID. ii. IRE,
also Joseph Phillips for cause. Jam
ere Copp, J. 4. Kaufman and j. 5. ia
nd were called to fill up the jury and NJ
his NELL challenged Mr.. Copp tor cause, up
e,ot which Mr.. jackson asked for the shown
So and law for the challenge which was Il
was produced satisfactorily. The jury we
his then accepted as follows;
Hall James Johnston. J. s Dart
! James Copy. 2hArtes T ieplE-
hey ]. II. Kaufman. Robert Coyne.
for The following was the
t is COMPLAINT
L.; STATE OF ILLINOIS ! &c
.,rI,- The Information and complaint of Leopold Mi
of the city Of Rock Island, County and state af'
/ it said, who being. duly Sworn, upon MS oath :
and County and State aforesaid oR the 3lst day
July, A d, 1873 with force and arms at the eitY
Rock Island County and state Aforesaid upon
said Leopold Miller did make All assault and y
tho his hands did there and then unlawfuliy beat,
'h' lentiy shove around and injure him the said
in poid Miller He therefore prays that the said
jamin II. kinibal may be arrested and dealt
s be According To law. LEOPOLD MILE
Jun of August A. d. 1873, Z. e. CRoPPEs, P.
col For the prosecution Mr.. Neill said t
and Miller was in crowd near MeDuna
, of shoe store on Illinois street on the ever
rLo,. of July 3lst. The crowd was occasl
my ed by "a show going on in an adjolI
fter- building. The crowd was peaceabie
dred the City Marshal came up and showed
4 ot prosecuting witness into the street
Al hurt him 80 that he was not able to e
80 work the day after.
odlst Mr. jackson said this was q erin
dress suit brought, finding an action for bf,
i'm. of city ordinance could not be maintain
..,,o The intent must be proved that in
'ou" forming his duty in dispensing All obsti
rove crowd-who had to be pushed aside be
and they could be removed Mr. Kimball
life maiiciouslv exceeded his duty Perl
ro,,a Mr.. Klmball pushed the prosecuting
ness among others, not being aware
10 all he was lame, and the result was that
mand ing cripple, the prosecuting witness
h the Leopold Miller, the prosecuting witt
,o,Io was called, and his evidence interprete
up Mr.. Krell He says he boards at the
with Hotel and works as cigar maker il
very H. Scbocker is II years old had
,asure l3 months in this country does not
. do,, the City Marshal after his worl
Thursday evening he came up to the
walk below kohns store and stood
not taking notice first thing he knew
Marshal came and pushed him off the
L;lled walk: was right close to the curbsto
within half foot had not been spok
before by the Marshal; MIR. kohn
Ors Oh another young man were standing
him a pretty big crowd stood III
Chris down. about six or eight feet from Il
bo,.. no children were near him did not $
mum the Marshal had any trouble with chi
in the crowd did not go up close tt
T re- show because of the crowd; did not il
10 ex to go into the show; the Marshal die
nd, speak to him before pushing him ; il
fall he was hurt in his back By falling
stone in the street the Marshal dit
turned catch hold of him before showing him
says push hurt him little in the breast; d
ke, II KNOW II !, tlle haisliai spohe " peop.e
that MIR. Kimball was police officer
present Cross examined by Mr. jackson =
public his complaint before Mr.. Cooper y
eep up gay wouiu haYe ulluefsLoou hr' M y
&c the not Lnow what The wnrds y" NOW -,
debt of mannt :. had heen standinr thnrn