Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-08-19
The Assauis a The Capitel.

HKA1ING IN THE POLICE COURT.
George @. Ellison, charged with assault
on Samuel Gardner was called In the Police
Court to day, and plead not guilty. Mr..
BiIney prosecuting and j. E. Hayden for
Mr.. Gdrd,,er testified that day before yes
telday Ellison attacked him In the room of
ins,snoe Of Er. Clark, the srcSitsct, went to
get some gas bun ners, and rsked the door
keeper to send for Mr.. Rogers assistant en-
he o1a AID IN
delivered TO witness, and he asked Ellison
what right he had to interfere, when Ellison
struck him with bis fist knocking him down
kick where he had fallen.
On croSs-examination witness said that
when Ellison came into the room he went to
MI AcCord's desk; don't know what con-
yersation they had, but heard E. say do not
deliver the burners.
Mr.. Birney offered in evidence the order OF
for defendant denied that Patterson at the
time had the right to give such An order on
Rogers.
M Rogers, assistant engineer, testified
II at he had received the order, and Ellison
told btIn not to honor IL. Witness was sent
for and went TO the office with Ellison; Gard
ner spoke TO Ellison, who said he did not
want any thing TO do with him. and Gardner
called him (E.) a thief, and Ellison struck
him two or three blows. Don't know that
Ellison kicked him. Ellison helped Gardi.
"Sit there, d-n you," at the same time as.
sjsting him to put on his wig.
On cTOss-eXaminatlOnw witness stated that
Ii was when Ellison was turning to leave
that Gardner said something about Elliso n
being thief; he may have said "a Cd
ID thief" Don't now, really, whether
Gardner was Knocked down or fell down.
Saw him prostrate; did not see any one
kick. When Gardiner was picked up some
one said: "Why he is an Old man" aud Eli
son replied: 81 dtdn't know that he was so
DID,"
Mr.. Me Cord testified to Rogers being sent
for, and his coming up with Ellison, VINO
said on seeing the order he had been in
sfructed not 10 let those things 60. Gard
ner remark I'd that they were me idling wit
his business. This department., witness ex-
planned, bad be en- turned over to Pat srson
Just about this time. After some other
words Gardner said that Ellison was "a
thfef," and be could prove 1t; thinks he re-
Ieated 1t. Ellison made pass at hun, and
as they went towards the desk he made
another pass; don't know whether 1t was
with bis fist or open hand. When the pro-
lessor (Gardner) went down he laid there
about minute, when W tine 80 and Mr.. Eli
son assisted him 10 his feet.
On cross-examinatiOn witness said that
the language OF Ellison YVES courteous.
Gardner had an umbrella in his hand; don't
know whether he (G.) raised the umbrella.
Don't know whether g. was Knocked or
showed down. Ellison was acting in perfect
he gave the order was not aware Of any con-
troversy In regard to the property; witness
Ii quite sure that there was no kicking.
MT. @. Yorke AtLee testified to the good
Mr.. Hayden said that while they admitted
the assault they hoped that the court would
look At the provocatt0n and make the fine as
light as possible, IL . fine is imposed at all.
stances he would regard the case as one of
common assault and impose q fine of IS,