Daily Republican., 1879-09-18

AohUou SA1t nAs CphAAos tuo OtucI
witness named In the indictment be
examined in this case before the de.
fsnos proceeded. La AL
Squire Cols--he has been summoned,
but he Is not present.
Mr.. HiggiDs---wss he summoned.
Constable Pritchett-No sir, he was
not.
A man named Collins in the rear Of
the room. the same whs had been up
before his Honor prosecuting a colored
gentleman for voting legally-sang out
"Sparks has just gone out hs was here a
little while ago."
A little legal sparing here ensued al
to the right Of the defence to examine
witnesses at q preliminary hearing, but
the Squire decided and the play pro-
oeeded.
Patrick Nsary-Sworn: I was stand.
ing near City Hall on Tuesday evening
talking to Constable Hickman. Mr.. Dsi
ly, Chief Maxwell and another man wal
present. Heard Mr.. File, If that's hi
name, tell Mr.. Hickman that Reynolds
had gone up the street. Mr.. Hickman
said all right, I'll attend to a you in 1
minute. Mr.. Hickman then finished
the sentence he was speaking at thu
time, which took him about half min
ute, and then he said must go aud h,
left. Mr.. File, If that's his name, was
very much excited at the time; haG
my back to him, and then Mr.. Neary
repeated three or four times that Mr.
File was "kind Of excited
The Squire then handled the witness
for a while in such manner as to Prov
that Mr.. Hickman waltzed Oft jus
about az quick as q constable coult
be supposed to waltz, and lastly
Mr.. Lore took him up and before b.
was through with Mr.. Neary lightning
express was nowhere compared with th'
movements Of Constable Hickman OF
that particular occasion.
James Daily, Bailiff of Council, mex
took the stand and testified: was pres
ent on the occasion referred to, heare
Mr.. File ask constable Hickman if HI
had . arrant for the arrest Of Rey
nolds' Mr.. Hickman said yes. Mr.. Fill
then said there goes your man now
Mr.. Hickman said all right, I'll attenc
to you in minute. Don't think il
was more than minute and half af
ter that when Mr.. Hickman said mus
20, and started off. This witness Wai
also manipulated awhile by the Squire
and then by Mr.. Lore butt was evident
that Mr.. Daley couldn't condense timt
with the same facility that Mr.. Neary
did, for he stuck to his minute and 9
half while constable Neary had it down
to a half a minute. But then maybe
Dailey's watch was slow.
Mr.. File again demanded that
Mr.. Alexander Sparks be examined.
Mr.. Lore-Did Sparks hear the con.
versation between you and Mr.. Hick-
man
Mr.. Fils-No sir, he was back at the
railing.
Mr.. Lore-Well here you are de.
mar ding the attendance OF q witness,
and delaying the court when you your.
self say that he knows nothing about
it..
Mr. File-He knows that Reynolds
stood in front Of that tea store fully
four minutes after pointed him out to
Constable Hickman.
A little more legal sparring here en-
sued as to the right Of Mr.. File to de-
mand thepresence OF Sparks, MIR. Hig-
gins arguing that as he had not been
summoned, Mr.. Fills had right to de-
mand delay until he could be looked
after, and Mr. Lore arguing to the con-
trary. But the Squire came down with
another decision, and settled the mat
ter by saying as Mr.. Sparks was not
present the case would 60 on.
Mr.. Lore then made speech in favor
of dismissal, and the Squire remark
ing that the evidence did not prove ne
glect OF duty dismissed the case.
After this important decision was
reached, about fifteen minutes were
consumed in talking about Mr. Jones
who had gone on coroner's jury some
where and had promised to come back
when it adjourned. Finally it was de-
cidsd to try Mr.. Brooks on the charge
of negl.cting to arrest Elias Johnson
when that individual was pointed out
to him.
Chas. H. Howard was sworn and
testified that he was standing in front
Of Squire Coles Office on Tuesday night
and in company with Constables Brooks
and Hickman, when the former remark
I'd he would like to got hold Of John
son. Just then continued tho witness
three men came down Tatnall street on
the west side and crossed Third TO pass
on down Market, they were about twsn-
ty-fve feet from us. Recognized John
son as one Of them and said to Mr..
Brooks there goes Johnson, the one on
the gutter side is him. The oonstables
both looked up the street, and said
not that direction, here, and again point
ed Johnson out to Brooks, repeating the
the one on the gutter side
is Elias johnson. Nj. Brooks then start
cd to the corner, and came back in .
few minutes saying "that is not John
son, that man is too tall.
Mr.. Cole-Did Mr.. Brooks 60 in >
burryi
Howard-No Sir, be walked leisursly
10 tho corner.
Cols-Do you know Mr. johnson wsll'
Howard Yes sir, we'll enough to
swear that the man I pointed out to Mr..
Brooks was him.
Cole-Did Mr.. Brooks ask you which
man e. tq
Howsrd--I saved him that trouble by
plainly pointing the man ont and tell
ing him which one 1t was.
Mr.. Lore.-You know Rliss Johnson I
Howard-I do.
Mr.. Lore-How old are youi
Hovard-About % years Of age, sir,
have paid taxes in Wilmington for
two years. /
Mr.. Howard was not to be badgered
md gave his answers direct and to the