Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-08-27
The Assault on Contractor Shipmaa.

hEAhINt IN THE POLICE COURT TO-DAY.
Jonathan and Jas. w. Magarity, father and
son, We're charged in the Police Court to-day
with assaulting Mr.. Jno. J. Shipman last Tues
day morning. All of these parties are well
known contractors and the alleged assault
grew out of law suit between them. Mr.. Blunt
and P. B. Stilson for defendants. Mr.. Shipman,
stated that last Tuesday morning, while on his
way to this city to give testimony in a case be-
fore Mr.. Jno. Oliver, and when he reached
Woodey's on the canal road, he stopped his
horse at the watering trOugh the Magarity' s
were there. and Jonathan the elder of the two,
said to witness, 'John we can settle our diff
cultles here as well as at court. and I'm going
to settle it by taking your - life right here. "
Magarity then grabbed witness and he struck
Magarity in the mouth, and witness was pulled
out OF the buggy, when ascuffie ensued between
him and Magarity, who had knife In his hand,
and cut at witness ten times with the knife,
cutting his coat evefytime. and while he (Ship-
MANI was engaged with Jonathan, his son Jas.
struck him 81 over the eye with large stone.
He got rid of the elder Magarity by kicking him
down a HILL and had no more trouble with
either after this. Mr.. Shipman's face is very
much bruised yet from the blow with the stone.
Abraham Lydecker, who was riding in the
buggy at the time, corroborated Mr.. Shipman's
stat ement.
Lizzie Morris testified to seeing the fight, and
identified pocket knife with a broken blade,
as the knife that she found on the road after the
night Other testimony was heard corroborative
of the above
James W. Magarity took the stand in his own
behalf, and testified that he had just come from
the mill. and the first he saw of the difficulty
was that Shipnan and his father were clinched
ana Shlpman was on top of witness father, and
ais father said that his shoulder was out Of
place Witness then struck Shipman on the
back OF the neck to make him drop stone that
he had in his hand, and Shipman then struck
witness father on the head with the stone.
Jonathan Magarity testified that Shipman has
caused him a great deal of trouble lately, by
bringing law suits against him, and has worried
MN SO much that his mind is not right some
times. and on the morning in question, when
they met on the road, he went up to Shipman's
buggy and said that they could settle the matter
there and then put his hand on Shipmap who
struck witness in the face twice, and they
cilnched and got down a ravine, and witness
shoulder was diSjOinted, and he then used the
knife, which was very temporary one, which
got broken.
posed, and that the defendants be put under
bonds to keep the peace in the future.
Col. Christie responded for the defence in an
eloquent speech.
The court said that in dsposng Of the case he
would exclude all idea of generalization and
concert OF action, as the testimony of the elder
Magarlty excluded these facts. It was undenia-
bic that MIR. hagarty was the aggressor. and
used knife, possibly not very formidable
weapon, but nevertheless knife; and these be-
ing the facts he could only recognize it as Sc
rlous assault, and he would impose penalty of
500 or ninety days in jail In regard to James.
his interference was due to natural impulse,
but he overdd his duty and was guilty of an
assault. and he would impose fine of $50 or
thirty days in his case, and Jonathan Magarity
would have to give $500 bonds to keep the peace
in the future. An appeal was noted.