Daily Republican., 1879-05-12
(From aturdsy's Late Edition. }
THE POLICE COURT.
Tn" Assault and Battery Case Dis.
mtssed-TwO Drunks.

missed-TwO Drunks.
Dennis MCGUIRE, William O'Donnell
and Charles Phillips were placed in the
dock this morning, they being charged
with committing an assault and rob-
berry on John Benson, a colored man.
The court room was crowded, and many
were obliged to remain out side, so
great was the interest taken in the
case. II. c. Turner, Esq, appeared as
counsel for the prisoners.
James Benson being sworn said that
last Sunday evening between six and
seven O'Clock, he left home for the pur,
pose of attending church. He was
walking along the pike on Maryland
avenue smoking cigar; saw crowd of
young men on the avenue; supposed
they were talking to Mr.. Swift; as the
witness passed the crowd one of the
party knocked the cigar out of his
mouth; he had not walked far when
turning his head around he received a
blow on his left cheek with a rock.
This stunned the witness, and when
he became conscious he found himself
leaning against the fence and the par
ties throwing stones at him. Witness
struck at one of the party with his UNI
brella. but instead of the umbrella
h ing nny"t,r, il came in contact
with in- fence, and as a consequences
broke his umbrella. His pocket book
which contained Sl4. 60 was taken from
him. This witness recognized O'Don.
nell and Phillips as being among the
party, though he could not say who
struck him.
Cross examined.-"Would you say
upon your oath that you could identity
either of those men as the party who
struck you?
Witness.-"I would not like to say
on my oath that they struck me. They
were in the crowd"
Mr.. Turner.--"You say they were in
the crowd. Would you say you be-
lieved either of them struck you !'
Witness-"I would not like to say
any one in particular struck me. because
| have to die sometime"
MIR. Turner-'That is a conscientious
way to say it,
William Swift being sworn, said he
was on his way out Maryland Avenue
Sunday evening; he turned down the
road by Dr.. Browns; saw the colored
man strike at the crewd with his UNI
brella, and the party was attacking
him; could not recognize any of the
party as he was too far off.
Officer Payne sworn Il arrested
William O'Donnell | know nothing
about the case except that O'Donnell
said he was in the crowd, but he did
not think that the negro could identify
him.
O'Donnell, Jumping up from his seat
in the dock i'll an excited manner
said 81 never said anything Of the
kind"
II. G. Turner, Esq, on being asked
if he had any witness said that he did
not think it was necessary to hear any
witnesses in this case, and he would
therefore ask that the case be dismiss.
ed without any lnrther proceedings.
He hardly thought that His Honor
would consider the evidence sufficient
to hold the parties.
His Honor Mr.. Benson has given an
entirely different statement of the case
to-day than he did few days ago when
he said he could recognize the parties
who struck him.
Tie case was dismissed and the pris-
oners discharged from further costody.
Robert Holt was fined so cents and
cost for being drunk.
Barney Dougherty was arrested. yes
terday afternoon, by officer Bidwell, at
what is known as the weeping willow,
a saloon on Adams street, near Della
ware Avenue. Barney was very drunk
and disorderly, and he thrust his hand
through one of the window panes
thereby receiving a severe cut in the
back part of his hand. At the hearing
this morning, the prisoner had nothing
to say. and his Honor imposed fine OF
81 and cost in this case.