The daily gazette., 1881-04-13
Frsm Yesterdays late ksastisn
U. S. DISTRICT COURT.
CoNTiNv A1toN OF THE TRIAL OF
wHIDENMAN, THIS MORNING.

i
anee bid fair 10 become monotonous, the
ceeded without his presence.
The Dis Elct A tOrney opened for the
prosecutions al considerable leRgth ar
GA ng Ia favor OF the right of the gov
ernment to exercise ptopei police cun-
troll over National elections. and quoting
the Law (.erlion 3p22, u. S. Revised
Stalates) giving to the Marshal and his
deputies power to make arrests, with or
without process for Offences committed
against the United Sta Q election laws.
| He also claimed that no State law what
soever could be permitted TO interfere
with Ur in any way obs ruct the opera
tiou of the United s. ates laws. In con-
clusion he stated that Weidenman's
offence consisted OF interfering with Dep
uty U. s. Marshal Geurge Wingate, al
the six h election district, Fourth Ward,
while Wingate was dlschArging his
ofhcial duty by arresting man who was
trylug 80 vote Illegally.
Robert III. Cunm us being called testi-
fed that he was assist Ant inspector at the
Eighth Ward, but Mr.. Lore asked II IL
would not be better, in order to facili-
the Fourth Ward, where the alleged
offence was committed.
The District Attorney held that cir
cumstances happening a. the H nth ward
we're TO be proved to show That the De-
puiy Marshal was asting in legal MAN
ner.
Mr.. Lore conteuded that If the Mar
shai act.d legally the Eighth ward II was
no assurance that he acted legally In the
Fourth ward; and that what lie did In
the Eighth ward could not possible hl-p
or justify what he did il. any other ward.
The court leld that as long as tbs tes:i-
mony Sas confined to explaining the pro-
per conduct Of the Ma shal, it could be
continued.
Cummins then testified that a man
named John McKowD attempted TO vote
al the Eighth ward polls lbut was rsfus
ed on account of non residence. He was
told TO so TO the Fourth ward polla and
went away, Wingste following In order
to prevent him from veting there. On
cross examination Cumlnins said no at
tempt was made 10 arrest Mckown at the
Eighth ward polls.
Thos. Burke, who had, on the day
of election, acted in the double ca
Pacity of Deputy Y. b. Marshal and
Republican challenger said he chal
lenged hcKown's vote at the Eighth
ward polls, and heard James r. Daley
tell him to 90 dewn 70 the Fourth ward
and vote. He started of and WinRats
followed him.
What were you doing at the win.
dow 7" questioned Mr.. Lore.
81 was running for CoAgress, re-
piled the witness, with grin.
for rfn
Here the witness was stuck aud haG
to admit he was only ''trying to make
little fun"
Edward Milne, another Deputy Mar
shal, followed Wingale TO the Fourth
ward, and heard him say, when Me-
kown weRt up to The polls, "Don't let
that man VOTE" Then there was a
rush. and when witness looked around
for Wingate he was mol there.
Stephen I. Hasxard, another Depu-
~ Marshal, also saw the fuss at the
Fourth ward polls, bat he did not
know Weidenman. He admitted on
cross. examination, that the elestion
was suie. up to the time Of Wingats's
arrival.
Frank MoCaulley saw some one-he
did not know who-strike Wingate at
the Fourth waid polls, but it was not
the man who was afterwards pointed
out 10 him as Heidsnman.
Edward Scully saw Weidenman take
Wingate by The coat, after the scufle,
but did not see him strike.
Elmer Moore saw the scufls al sbe
pols, oui dld not see any body. shat he
knew strike Winkate.
Edward Davis, the next witness. call.
ed d,turDed out 10 be the notorious " "Blub
ber." u said he saw w eldenman take
WlnEate By the coat and strike at him.
Out did not know whether he hit him or
not.
The cross--examination developed
quite little excitement in the court as
Ar. Lore commenced with the abrupt
question:
"Dayis, how often have you been con.
voted of laresny In the State CourtY"
Al once the District Attorney objeo oteJ.
mr. Lore olamsd that the question
was all right, though the witness coald
de cline to answer.
The Court said hs would warn the
witness he need not answer.
aon lnsenu TO- SAID Davis.
Were you not," said Mr.. Lore. "oop
vieted 81 the May term of Cont, Is74Y"
Tho Court said he could not allow this
question to be put.
Then Mr.. Lore asked, "Havs you bseu
confined In New CASTLE jall7"
Davis" Zee, when Was asmAll boy"
chow oftenf" IVY.
never kept any account"
Have you ever been In n ed.a ia,iYn
| "Ge up To M edia and find out" waa
Davis abrupt answer.
In conclusion Davis testified tina. he
was not known ~ "Blubber" aDv more
be also said he was not a Deputy Mar
shai on eleeenon day.
| County Tax Collector Bedford ,estif,sd
tnat tha name OF John McKoyn did
not appear upon his Fourth ward books
Geo. r. WinRsts was next called and
tsslned that Weidsnman struck him In
the mouth at the Fourth ward poll.. He
| couid MOI assign any reason for not ar
resting Mckown when he a .st attemDt-
| ell TO vote At the Eighth ward poIls.
Court here. AZ 1875, adjourned until
10 O'Clock.
| AFTERNOON snssIoE.
Marshal MeMullen took the stand
aud produced Wingate's Commission
as Deputy Marshal, showing he had a
right 10 act in his official capacity all
over the city.
lhe prosecution here closed. and
Mr.. Lore opened briefly, stating that
the defence was that good order had
| prevailed at the Fourth Ward ,olls