Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-08-22
REPORT OF TRIAL
Before President Hidden Yesterday
Morning Of the Parties to the Re-
cent Triangular Difficulty.
Testimony OF a Number OF Eye.Wit.
nesses and the Action Of the
Court in the Natter.

Judge Hsdden's court yesterday heard the
case OF Peter Tracy %. NJ. G. HALFWAY, in
which the former charged assault and bat
tery-the hearing having been postponed
from a recent sitting of that court TO yestsr-
day morning. Considerable interest was
manifested 10 this case by the throng OF pso-
pie assembled in the courtroom, composed
If a better class than usually gather there.
A large number Of witnesses, all for the
prosecution, had been summoned, and were
present 10 testify.
Alter they had been sworn, Mr.. james
Harris, attorney for the defense, and also a
witness, suggested that perhaps his statement
would satisfy the prosecution, and save the
time necessary 10 hear the story from 80 many,
but did not wish TO preclude any statement
the witnesses might wish to make differing
fTom his Qwp.
The Court concluded to hear all the testi.
nony, and ordered the witnesses all under the
rule.
Mr.. HAIRS, having to comply with this
order, deputjzs d Mr.. Julius Taylor 10 act az
attorney Tor the defense.
Il was here developed that no warrant had
beeo sworn out, but the arrest was made by a
policeman, on complaint and inform alton
given by Tracy
After some other preliminsries, not i'm
portrait in this report, ihs Court called for
the testimony.
Mr.. Tracy being called testi6 ID that while
standing in fIont OF his Office in conversation
with Walker kenHedy CJl. Galloway came
up and bEgan talking 10 Kennedy in an tx
cIted manner, saying, you cd DID viii
iain, you are The cause OF my trouble" He
(fracy) in.erierei, and undertook 10 reason
~ih Col. Galloway, but he seemed to become
more excited. Mr.. James Harris came up at
IN al M aud Hn.llu i,tnnaj I,I Gill;
way 10 GO swsy. A short time after ward, on
entering the Peabody Hotel, he saw Col.
Galloway there talking with come one,
and he turnsd 10 60 away when he was
called by Col. Galloway, VINO said he wanted
to talk to him. When Col. Galloway APP
proacEed ne raid, 81 ought to hold you re-
spoDsible for this man Kennedy's conduct To-
ward me" and referred 10 the incidents con
meet d with Kennedy's employ ment as cor
respondent Of the New York Herald. This
conversation occurred in the entrance of the
Oak Hall Clothing House, which opens into
the hotel roiundi. He tried TO remons,ra,e
with the colonel, but tine latter seemed TO
become more excited and finally struck
him a blow, which he returned. He wss
about giving smother blow, but was called
upon BY b%ystanders not to hit him again, and
ne restrained himself Gatiswuy~-a-xsry
much excited and he W as under the impression
h. had been drinkipg-pever saw him in -
excitec a condition. they had always been
friendly; he would have taken any amount
If abuse from him, and would only have re-
scented a blow.
John Miles testified that he knew nothing
whatever about the fight.
James Harris testified that on Friday
evening Col. Galloway was drinking, and
walking up Main street in front of witness,
on the west side, when about opposite Mans
fsld's old stand his attention seemed TO
be attracted toward Kennedy and Tracy,
who were 5 anding in the doorway. Gala
way suddenly wheeled off toward them, and
began talking excitedly. wildly gts.iculailng,
snd shaking his 6st in Kenuedy's face. Wit
ness heard Galloway d~enouncing Kennedy,
saying:"Iou id ungrateful scoundrel! Pm
going to knock you down." Witness saw
Tracy prevent Gsllawsy from striking Ken
nedy. Witne wanted 10 take Gtllawsy
away, because he knew he was drunk.
Witness took Galloway by the arm,
and motioncd 10 Kennedy to pay
no attention to him then, which
! Kennedy seemed TO understand and walked
away. Witness tried 10 reason with Gala
way, but the latter was unreasonable, and
wanted TO strike witness. He finally sue
cee9ed in inducing Galloway to accompany
i him to the Peabody Hotel, where Galloway
related all The circumstances connected with
Kennedy's eDpIoym- nj by the New York
Herald, and how he he'd showed his ingrati-
tude by writing dispatches placing Galloway
in an improper light in the Galloway
Chalmers controversy. Witness had sue
ceeded 10 getting Galloway TO consent to 60
] home, and would have done 80 but for Ira
! cy's appearance in the hotel, upon seeiog
whom Galloway again few into a terrible
passion and followed Tracy into the Oak
| Hall C,nihinu Stora LVItpoo, foJIouaJ aIaa
and asked a friend OF Tracy's 10 take him
away, and he would manage Galloway aud
thus avoid a dificulty-"Gallaway was
mad with Tracy and everybody else, and
very much excited" Witness here
alluded to ths knife which it was
charged Galloway was furnishing.
While sitting in the Peabody Ho-
tel Galloway took a small Congress
knife, with a blade about one and a hall
inches loag, and began pairing his nails, and
II was his knife, with the blade closed, which
G~allaway hsld in his hand when he struck
Tracy. Witness did not believe that Gala.
way intended to use the knife as a weapon az
represented in the published reports Of the
difficulty. Witness saw Galloway strike
Tracy a blow, which sent him headlone
against the counter inside the store. Tracy
recovering from the blow, got in behind the
door, and petring through the pane saw Gal.
laway approaching. aac, 'like a cur, reached
around from behipd the door, knocked The
Old mans hat off" and when Gallayay
stopped down to pick it up Tracy made 4
motion as if to strike him, but was prevented
oy witness, who "warned the id cowardly
scouGdrel 10 skip out from there as soon al
possible"
Harry Allen testified in substance wha
wac related by Harris as 10 the encounter il
the store. Saw knife in Gallaway's hand
bat cav DO cut on Tracy.
Julius Behr, of the Oak Hall Clothirs
Store, saw no assault upon Tracy, but did Sc,
his dummies ~tumbling about, and though
Tracy was trying to demoiish them. HI
warned Tracy not to bother his dummies OF
they might lick him. He heard Harris tel
Tracy is Skip, you Cd id cowardly
scouudrel."
C. z. Galloway, of the Peabody Hotel
knew nothing about the encounter, and heart
no threa's by Galloway sgsinst Tracy o.
Kennedy.
This concluded the testimony, whereupol
Col. Gallsway's attorneys admitted the as
ssult, and hat their clieat was drinking, AM
had struck q blow that ought not 10 hav
been given. They also admitted the pres
en- e Of the knife by accident, but not ss
weapon, and with these admi. sions sub
mitted the case.
The Court insis ed that the prt s,nce OF th
knife, as testified to by two wi ntsses, WI 8 a
Important feature of the testim INV, but tn
doubt IS to whether it was intended to b
used as a weapon OF not gave the Court tn
privilege OF con6niug the case to sn offers
against he city, and not sending it up to tn
Criminal Cour'. The case was finally dis
posed OF by a fine Of $50 against the de
PENDANT.
D.f ndsnts attorneys notified the Coul
that an appeal would be taken.