, 1877-08-12

statements Of the Various Wit.
nesses Of the Affair.
i Peculiar Jury Summoned by Constable
Morr,iis-sssherwin Is His Bondsman.


he south Side Police Court, apropos Of suit
h,,urnt aeanst Joe Shcrwln for violating the
,ca,th ordinances. The statement MAS, IN
1,-;cf that suit was brought and trial had; that
anrine its progress Mr. Sherwin got ir1i1ated
a, somethinr said by DR.. DeWolf, the
hc.lth Officer. and struck him over
1he had With cane, and that subsequently the
nrosccu;on withdrew their case. The matter.
upon investigation. proves to be OF more interest
than was supposed, and consequently the FOL
lowing statements Of persons who were inter
cstcl in the case, aad were in the courtroom at
the time, hare been obtained. The most un-
plcasant feature in the matter, it will be noticed.
is, after all, that regarding
TIE COMPOSITION OF TIE JURY.
This Constable Norris By whom the yeD{rc Tas
serted, has Shcrwin OH his bond as
his principal bondsman, The other name
being that OF Ar. Mcclellan. The
eesc was originally set for trial and the ycnfre
riycn to Morris over ten days ago. It came up
n week ago Tuesday, but, the defense not being
ready for trial, it was postponed until day be
fore Yesterday. 1t appears that, during this
long stretch Of time, Morris had been busy Sc
curing this gracelcss vcnire, some Of the jurors
having stated under examination that they were
them was subpnnaed at the corner Of Clark
and Randolph streets, another in front OF 22522
State street. another at the corner Of Des-
PLANES and Ha1sted sts.ets. and SO on. There
was hardly one business man among them, and
It 1ooks BAT. for Nr. Morris that, having had ten
days in which to serge his yenire, he should
have been SO unsuccessful iu getting good men.
Had he had to rush out Of the courtroom to
seryc it, hc might have been more excusablc,
but under the circumstances there appears to be
no pc!liation for his conduct; and the bad jury,
taken in connection with the TACT that enerEln
is his bonds,nan. makes things look ugly Tor
him. With such 4 jury, tue prosecution was
certainly justified in doing what it did-rith-
drawing the complaint, resersing, Of course, the
right Which it will exercise OF recommending
proceedings before another Maglstrate,
DR. DE VOLTS VERSION
/. IN effect as follows:
There are two suits against Shcrwin & Co.,
Scanlan l. Co., and ODenoorn q shepherd,
wai:h were TO have teen tried some tinae ago,
bu, were postponed on account q! the rjolS.
Obeu1orn d Shepherd and Seaman & 60. ac-
k,owlca1cd their ot1ensc before the day OF trial,
and agreed to nut in any apparatus to consume
tho stencil that Dr. DcN oil might fecotnnepo.
Thursday Shcrwin's case came up before JUS
tirc summerfcld, and consumed al ot ihurs-
day and Friday The defense insisted on jury
11isl, and the Justice issued q vcnirc, which
Constable ". E. Morris proceeded to scrfe
Whcr the jurors we're Called. anu
,s ssn assass tbsp ProseeutiuMtternsy
Linscott. who mentally diagnosed the jury,
came to tue conclusion that it was packed, and
asked the Court to dismiss them and get one
uaieup ot citizens interested IN the snppTes-
son oi this nuisance. For some reason Or
other the Court didn't sec 1T to do this, and
the trial proceeded. Late in the afternoon OF
FRIDAY Shcrw;n took the stand and testified,
Dr.. DC Wolf says, to facts which were not true.
Among other things he said that he was using,
=, the time the complaint referred TO, the appa-
for the consumption and obstruction Of the
fcal gases THIS statement, says DR.. De-
N'of, is wholly false, the apparatus never
nagn$ 3 been ons 5sea' ncrisccd a. ! naW apy
establishment in this CITY. and probably in the
world, up to the time Scanlan = Co. and others
alcp1cd it. While Sherwn was thus testify1nE,
DR.. De Wolf leaned over to MIR. Iin=cott and
said, THAT man is lying" SherT1n's attorney
ba7pcnei to hear tho remark. and whispered it
to biz client who jumped up aud struck Dr.
IL Wolf across the right arm with stick about
TWO 1eet long. which was lying near. ibc Do,-
tor says be didn't move, realizing that his
assailant wouldn't strike him twice, After this
and tbct individual, with his usual sang troid,
tossed the money over to the Clerk. One
thing which served to confirm Dr. De WOLF
and Mr. Linsrott in their belief that tie jury
trouble Of d certificate from the County Clerk to
tie effect that Shcrwln was the Constable $
aondsman. Naturally enough, they argued
That the Constable would be rather loatl to let
slip any opportunity by which his oonosman
might escape, and, having formed the conclu"
sion that Morris lad packed the jury. this i;tc'e
circumstance went to strengthen them IN thar
belief. After tie scene above referred TO- Mr.
linscott, seeing that everything was aSalnss
httn,-that even thee Ccurt was 5tn'alh.
t~,1, +nn 4-fsf IA
.or it Ms to assail public officer n n
The discharge Of his duty,-ordcred no1Ie
mos to be entered Here Justice summer
ac!d's connection With the trial OF the case end
Attorney to take it before anotaer Justice. Wneh
The defendant may get his deserts: shcr"in mas
,Iso been indicted b: the Grand jury Of Cook
County, and his trial GcEoss the river Will proo
lDly come off carly next month: r~n,,.o =,
remarked: ~ have no personal malice, ne
hatred for Joe Sherwin, but I ehal1 follow him
souarc to the end I Know he commits nul
kancc, and ] can prove il"
Last e~enior TnlsCSE reporter called upor
Mr., Joseph Slcrwin, at his residence, 70. AZ
West Morroe street, to get from nlfh, II nosst m =
hlc. his side of the difficulty WITH LII. Dc won
The seutfcman WIS found az nome, assQ ~.
f,,at he w.s willing to give lis version oi tss
1;,.lr ,,n,,,casauiucss. lie said: g. Before Sc
INTO tins thin. would like to know why II l:
t),,t ioo SnarF:c is always persetutcd "h'ncee
n ,rar is ia he 1oade on The stiDss by new
Health Officer. Why, sir, l have been In nusl
ncs: Il, this city great iuauy years, anu Ia
e,,ent s,0OD to make illJ E'!atc "ho!esoIe, a:1t
lGc.y anybody to trace stink from m5 E1ace q
tho eity.'' ,:..,o a,a,,,,,t1 bs
related it rs follows: hof,.,,
:. Ilr. DcNotf was placed on the stana oeioss
me, and he t3c,!icd ever having seen nc nct"ts
week or ten tlavs before this trial. Wacn va
no: tttc fact. He had seen the scScrsA uoueu'
before that in his oiicc. 7
Whcr Twas put on the STAND anu s"oIn,
sta:ed that had been III Dc 'oli's olnce aoou
tho 18th OF March last, when anofncT aGnI,sn.at
vas witt, INC at that time gave sne D9c.9' 9a
:o;rcct description OF the macnncr{ naa II II
my pIacc, and i,c said he was GLAD OF r., anu &c
garced the machinery as spicaoha ahlaG, as.<
he cxorrsscu great satisfaction ut M n4:.a;
pf,tainrd il so as TO obyiatc all oono3lou
smells, / elai,ncd THAT my machine Wa In
3n1y onc in Tie Stock Yards fit for the "orh 2
Tie time Dr. De Wolf interrupted ana gu. ea,.
That what j had said in regard to having oce'
b his ot}ire was lie o,-or :,
II had hcrn sitting or sort OF leaning over II
nv cI,air, and I did not hear Ais Tesnarks. ~
heard my attorney giving nm ban ~ on
In rentecl sort OF way. and sssu :Iss. ~ tha
heard jury1aan SAY that Df. DC ~ ~. 49, ~
/ lied. I waited no longer ~ au ',;sa< h., h.,
aroused. II was not matter 9! o'ns . .s;
accusing me OF perjury, Wh1c4 :. ~ s,,sa1 IN
man. could not stand, SO lust ptths" tt.e rcpi ~
hickory stick, and hit nun oyer .ae ~ ~ ~,
he doiIgcd the blow, 50 that It Elanes4 ~ ~,
t.,r$ft lQ4