Daily Republican., 1880-05-14


any body; Mr.. Legg did mot insult him
nor offer to fight him.
The State here closed and Mr.. Lore
opened for the defense.
Thomas Dsugherty sworn-Boarded
at Cassidy's and was there on the even
ing Of the trouble alluded to; Cassidy
was standing on the middle OF the
floor playing violin; when the officers
entered he walked into the barroom (;
came back and returned again TO the
barroom. Legg said "dont you know
me - and Cassidy said; Eyes, /
saw you dancing in Philadelphia for
five cent huhmers, and loaned You
$40 )" Cassidy was opening the drawer
when Dolan grabbed him | saw no
pistol; Dolan took the pistol from the
drawer heard DO threats except that
he said che would settle it !" there
was but little struggle for the pistol
heard all that was said heard some
thing said about one not liking the
other, could not say which.
Cross-examined - Was in middle
room with Cassidy; l did not 60 into
bar-room, but stood in the deor; saw
him pull the door open and Dolan catch
his arm; saw no pistol; he was too
drunk TO play the fiddle; had been
drunk for couple of weeks; l might
have said that was glad the officers
took him, ss was afraid he would kill
some one.
Edward Donshoe, sworn - Am q
nephew of the prisoner; saw the arrest;
Cassidy said to Legg, "Wait until |
get a drink" Dolan came around the
counter; Legg and Cassidy had some
words; Cassidy opened the drawer and
Thomas shut it; Dolan pulled Cassiday
away; he went back, and Dolan took
the revolver from the drawer and put
It in his pocket; heard no threats made
by Cassidy.
Cross. examined-Was sitting In the
room back Of the bar; followed him into
the bar and stood alongside Of Sergeant
Leeg, in front Of the counter.
( Michael Grady sworn Saw the Off
GERS coming to arrest Cassidy went
and looked in az the window in the
front door. Cassidy and an officer
we're behind The bar and two officers in
front saw no signs Of pistol; saw
them at the drawer, but no struggle
OF any account.
Joseph MCGOWAN, sworn--saw the
arrest saw no one take revolver
from the drawer.
Philip g. Plunkett, sworn-Sergeant
Dolan on Tuesday or Wednesday, said
to me substantially the wsrds read to
Sergeant Legg by Mr.. Lore have no
interest in this matter | offered Dir.
Legg money to settle 1t Mr.. Legg did
not ask me for any money.
Edward Donahos, being recalled said
that his uncle R1ward Cassidy was very
drunk; could not sit on chair; fell over
twice while | was there.
The case being closed, Attorney Gan.
eral Gray and Mr.. Lore ably argued
their respective sides and submitted the
case to the court and jury.
Judge Comsgys charged in substance
as follows:
The clse depends Spon the intent, and you
verdict must depend upon the credibility
you give the witnesses. Assault is any
attempt by one to do corporal injury TO some
one else battery is the carrying of such in
tent into execution. II this assault was com
mitted with the intent, the prisoner is guilty,
though he may not have touched the person
Of Legg. Any attempt by any, person to do
al ic IN N N nj ad
capacity to do 1t, no matter whether he clrr!es
1t Into effect or not. Pointing lsaded pistol
Mt another within shooting distance is an as
sault, II you believe tho witnesses, who say
that the drawer was opened, and the pistol
taken out and raised within shooting distance
as shown, the prisoner is guilty, for he ha;
used language indicating purpose to have
some satisfaction, and what kinds indicated
beyond all question by the act itself. If he
ooened the drawer, intending to take out the
pistol and shoot 1t, 1t makes no difference
whether he got 1t IN condition to shoot or
not. If that purpose was ioreseen. evenwbile
his hand was in The drawer, 1t Is assault as
much as If he had fired at Legg and was frus-
trated. If at the time he opened the drawer
he intended to take out that loaded pistol
with view of shooting Legg, he ts as much
guilty as II he had fired and missed.
The Jury setired and at 8 o'clock
last night had not returned with YER
dict.
Benjamin Wilson convicted Of an as
sault on George Lloyd with intent to
kill was brought in and was sentenced
to pay the costs of prosecution, S50s
fine, be imprisoned two years and on
next Saturday stand one hour in the
pillory.
The Court then adjourned until 10
o'clock to. morrow.