Daily Republican., 1883-02-07
COUNTY COURT.
YESTERDAY'N PROCEED n q r.
THE ELECTION CASES
FINISHED, ETC.
Owing TO the accident which hapIan-

-
Owing to the accident which haprfI
ed to the forms of the REPUBLICAN ye,
terday, it will be necessary to give
condensed statement of the proceeding
IN Court up to the hour Of the noon r,
cess. The case of officer Mccullough
charged with committing an assau
and battery on George NJ. Quinn, at tn
Second ward polls, was resumed, am
after several witnesses had been tx
amined for the defense, the Jury wer
, charged by the Chief Justice and retir
ed.
After an absence of about half ri
hour, they returned with "A verdict o
guilty of assault only.
David Hinson, cOlOred, plead guilt,
to carrying "a concealed deadly weapon
and was sentenced to an Imprisonment
of ten days
A jury was then drawn in the case o
the State VS. David Hennis, Hugl
johnson, John Postles and Thomas
White, who were charged with assaul
and battery on Charles Deitz.
l.. q. Nandegrift, Esq, appeared fo
the State, and Walter Bacon and ChaS
NJ. Curtis, Esqs., for the defendants.
The facts of the case are aS follows
On the 81 day of last October, the prose
cntor, who iSa resident of the Eleventh
ward went to the polls to vote. II,
had deposited his ballot, and was about
| to turn away from the window, when
Hugh johnson and John Postl"s, who
were acting as window men, called on
officer lirnnis to arrest him, on the
charge Of illegal voting, they alleging
that he was not II years of age.
The officer took him in custody and
had proceeded but II short distance
when he met officer White, and turned
the prisoner over to him. He took
Deitz TO the hall, where he was locked
up until evening, when he had IA hear
ing and was put under bail for his ap-
praranre At Court, and DeitZ then in
stitutcl this suit.
Th"r" were IA number witnesses en-
amincd for the State, all of whom testi-
fled to the circumstances of the arrest,
but none Of them had seen the officer
use any violence. DcitZ'S mother was
also examined, and testified that he
will br ~ years old in March.
Mrs. Dcitz was the last witness call
ed by the State, and Mr.. Bacon open
ed for the defense, and had examined
one witness, when, it being one O'clock
Court took Il recess.
Court resumed proceedingsat3e 30 clock
yesterday afternoon, and the Grand
Jury were called and retired to their
room. The election case was resumed
nd a. u 4 at of
defense continued
Joseph A. Bond sworn, and testified
that he is a resident of this city. On
the day of the Little Election was at
the Eleventh ward polls saw the
officer when he arrested Dritz aS
soon rs he officer laid his hand on him.
the crowd closed in around them the
officer took him out of the crowd, and
AFTER goinga short distance handed him
over to another officer and returned to
the polls.
Samuel NJ. Trump testified that he
lives in the Eleventh ward Of this city.
and was at the polls on election day.
Did not see the officer when he ar
rested the young man. saw nm bring
Dcitz out Of the crowd, and hanh him
oyer Ia another officer: VII II the officer
PASSED the Witness h" had hold of the
lappcl Of Driz's coat: did not see hi m
us" any violruc" to III" prisoner thrr"
was the usual crowd around the polls
William Marcus sworn, and testified
thai he was ut the polls when Deitz
cam" Up to vote; Mr.. johnson said " !
don't think you have IL right to vote; "
l)rltH ana not make any answer, but /
young Maguirc said /" He has right to |
vote, and then Dritz handed in his |
ballot; a, h" turned To 20 away, Mr. |
johnson called ON the officer to arrest
him. Ih" officer did not uSc any Vio-
.curc, but took hold Of the lapprI Of hi,
coat with his lett hand. and told him
hat he must 20 along with him. A.
h" was going ont Of the crowd Mcguire
placed his hand on Dritz'S shoulder; il
So med as though he intended to hold
him back.
Augustus II. Miller testified that he
was at the polls on election day AS a
special officer wasapp"intcd by Mayor
Wales; saw officer Eiennis when he
made the arrest he did not act in a
violent manner toward the prisoner ;
'"ard him say. "Ill take you come
dong with me.
James Scwcll corroboratcd the testi-
nony OF the preceding witnesses.
James J.. Hawkins testified that he
S Chief of Police; the orders given to
he police officers ON election day were
o enforce the laws and preserve the
'"acr around the polls. The defense
losrd with this witness, and Mr.. Van
cgrift opened the argument tor the
tatr. He said that he desired to call
he attention Of the jury to the case,
Ut he wished to especially note the
,ct that while all the witnesses for the
tate were close to the parties when the
rreSt was made, the witnesses for the
riliSc We're some distance of, He .
Uuld not take up tn" time Of the jury !
it'll arr umcnt at present, but would |
ait and see what the counsel for the ,
cirnSr had to -ay.
The argument for the defense was (
Irned by {. NJ Curtis, ESP, who con- (
'nded that nothing had been shown "
lat would Justify tn" jury in render '
~ IA verdict of guilty. He reviewed !
II testimony, and said the men that |
rdcrrd the arrest, done SO in The dis
largc of their duty, and the officer had t
'adr the arrest in the belief that Dritz
ad voted illegally 1t has been report
that the young man was not of age,
nd the officer was justified in arresting Il
i'm. I,
Walter Bacon, Esq, commenced the if
osing argument, by asking the Court b
charge 'hr jury on several points, :,
nong them being that an officer who
'llrvc~ he j. justified in arrcStmg Il
'rson, is not liable TO Il slit for assault .,
ID battery for laying his hands on the " y,
an for the purpose Of making the ar !.
st. That if he is guilty of anything, a
must be of illegal arrest, and the a
large of assault aud battery would ''
II lay. He examined the testimony,
ld said it all tended to show that the
icer had done nothing more than his !
lty. l.
Mr.. Vandcgrift closed. the argument "' -,
r the State, and asked the court to u,
I#rgc the jury, that if this officer used ~
,I ma fnrIn nv ,i,l.nr, in max iup the