The New York herald., 1879-07-04
TIME FOR REFLECTION.

OFFICER rULLY SENT TO THE PEsrrENrIARY
ron THREE MONTHS ron CLUBBING ROUNDS
MAN ORR.
Ohicer Tully OF the Fifth precinct. was yesterday
put trial. the Court of Special Sessions for his
assault on Roundsman Orr on the morning of Juno
8. Besides the defendant and complainant and their
respective counsel Messrs. George W. Blunt Jr.. and
A. h. Hummel, there were present Captain Eakins.
Sergeant Dclamater and other ofhcers Of the pre-
cinct orrs counsel moved that tho trial be trans
ferred to tho Court Of General Sessions on the
ground that tho clubbing constituted felonious
sault. Tully's counsel opposed tho motion and
claimed that the case was ono Of simple as
sault The Court decided to have the trial proceed
before 1t. M r.st ars si.s sr
Roundsmsn Orr testiAed to seeing Tully drinking
st Murrhy's saloon; to Tully's denial that the glass
contained liquor; to his asking witness. "Are you
going to drive out of tho business" to Tully e
suddenly striking him they walked along. knock
ing him down and clubbing him. Witness contin-
ucd:-I did not club in rully's hand at the
time; did not strike Tally at any time that morn
ing. Being .cross-examined no said:--I did not
attempt to draw revolver to shoot him; arrested
Mrs. Waters in March, 1876; did not draw q re-
volver on her compel her to dress herself in my
presence Sergeant Delamater and Onicers Craw-
ford and Broon then in turn called to tho wit
ness stand. Their testimony was to the effect that
orr ~is rs univ S. To
murder him. and Tully had simply said that Orr
struck him first with his hst. t,f 3as
aH4.t THE DErENCE. lH..tt
James H. Tully, tho defendant. was then sworn.
He said:-The roundsmsn said to me- 'You are o
osr then er"cf me IN the fSce With Sis @
hit him. when he put bis hand to his POCKET as II to
draw his revolver; thought his intention was to
shoot me; then hit him again with my club; I
stopped clubbing him soon he withdrew his
hand from his pocket
August Tancstich. printer. and Frank Morris
swore that they saw Orr strike Tuliy in the face
before the latter used his club. James McCabc. .
truck driver. swore to the same effect. Mrs. Mary
revolver in 1876. ncxt called for the defence.
She said that in March, 1876 she resided At No. 4l4
the sam. his wo assa hs of
water over her; Orr arrested her. bus whom she
brought to the station house the sergeant ct tho
desk discharged her; Orr threatened to shoot her.
presenting revolver ct her head he made her dress
in his presence; shc did not want to do 80. but be
and the dressing. Daniel Mccormack and Patrick
Breen her brother-inlaw and father. were the next
witnesses, and corroborated ted her statements. stat
Tuliy for some time and that the ofcers character
was good Ex-wardcn stacom and John Miller test-
mitted the case for tho defence He quoted st length
to show that II Tully believed that Orr armed
harm Mss i~sted in ass.1ns and dis.p%ins
him. Counsel added that such had been Tully's be-
liet. and asked that no be discharged. The Court
consulted long time and then said d:-James H.
Tully, the Court the-evidencs finds you guilty.
You are therefore, sentenced to the Penitentsry for
three months.
The decision was great surprise to many present.
among whom . number of Tully's friends.
Orr appeared In court not -et recovered from the
injuries received almost month ago. His left hand
was done up in splints and his shovel where
it had been broken by the prisoners club. Tuliy
tence quietly slthough It appeared to have been nm
expected He was handed over to the Court ofhcer,
by whom he In turn transferred to the keeper,
who assigned him his cell and turned the key upon
him.