The daily gazette., 1883-02-07
rrnnuAnr UoURr.
Conffnnaflon of The Trial Of Poiicemar
Mccullough This Morning.
tContinned from iirat page.

tCOntinued from iirHt page.3
Az The opening Of court this morning at
10 o'clock, William J. Murphey was cross
examined by Mr.. Bradford.
Robert ?. Valentine was next called and
testified that he was at the Second ward
polls at the time the assault Is alleged to
have taken place; saw the fuss and saw Nc
Cnil0ugh arrest Quinn.
Walter Bacon, Esq, addressed the jury,
ana closed bis argument by asking the court
to charge the jury on the points bearing on
the duty Of an officer; saying what are we to
do II we don't protect our policemen in the
discharge Of their duty. J. K. Bradford for
the plaintiff, followed in a shors argument
In reply 10 the counsel on the opposite side.
lie asked, what are we to do II we don't
protect ourselves from the policemen, who
frequently make arrests that are not legal,
and when citizen interferes the Mayor
Invariably imposes a fine for interfering
with an officer In the discharge of his duty,
If policemen are not to be held responsible
for their action at this court, what win citi-
zens do, closing shortly before IL o'clock.
Chief Justice Comegys charged the jury /:
] have to say TO you that where
there is a conflict of testimony, as in this
case, you are bound to give the defendant
the benefit Of the doubt. A man charged
with protecting the peace, as an officer, has
the right to seize any one who is causing
breach of the peace, as in this care there
was breach, he had right to seize the
prisoner and carry him away from the polls.
Anything that Is calculated to cause
breach of the peace gives an officer power to
arrest such an offender. Now the kind of
manner in which an officer may arrest is
altogether according to the circumstances,
In one case he may only lay his hands on the
prisoner, in other cases he may 90 farther
but in no case is he allowed to use violence
or throw his prisoner down, 1t is not neces-
sary. His Honor closed at l1.05 and the
jury retired.
David Hinson pleaded guilty to the
enarge Of carrying concealed deadly
weapons, and was repremanded by Chief
Justice Comeygs on this bad practice and
ordered that he be imprisoned for 10 days.
The witnesses for the defense in the case
Of John Croney, were discharged until to-
morrow morning at 10 O'Clock.
Hugh johnson, John Postles and policemen
David Hennis and Thomas White were
arranged on the charge of assault ard
battery upon Charles Deitz at the Eleventh
ward polls on October 8, 1882, the day of
the Little Election, and also with making
an illegal arrest.
Charles Deitz, the plaintiff, was sworn
and testified Was at the Eleventh ward
polls on October 3, last; was going to work
Dan Mcguire came along and asked if had
voted; said no; went to the polls and my
vote was challenged; ] was arrested by
David Hennis, who took hold of my coat
with both hands; he used unnecessary vio-
lenee; was doing nothing but voting; did
nothing that could be said to be a breach Of
the peace; was taken TO the City Hail and
tried and bound over for my appearance at
court by the Mayor; was a qualified voter
Cross examined by w. Bacon, ESQ Live
MARYLAND ~ horn in gf1 wpto
at the mayors election in June on tax
receipt; voted on a duplicate tax receipt; got
the receipt from a man named CottiDgham;
the record of my birth is in a small Bible;
don't know where the Bible is now.
William T. Writ, sworn Was at the
Eleventh ward polls in October last as a
clerk; saw the fuss; was In the polling room;
when Deitz came up to vote he handed his
receipt to the inspector; heard Hugh John
son say "Arrest that man.; saw Hennis
take Deitz; he took hold OF and pulled him
out of the crowd; did not hear any objection
to his voting; there was no crowd around;
would not like to be treated like Deitz was;
Daniel Mcguire had his hand on Deitz's
shoulder when Hennis took hold Of him;
DeitZ had not opened his mouth.
James McGrath testified Did not see
the arrest; saw Officer Henns taking Deitz
along Maryland avenue and turn the priso-
5CA DNII W OlllttE htlbts nc IbOA MIN 10
the Hall, where had gone in a earriage at
the Hall the turnkey asked what the charge
was; be was told that he had voted illegally;
saw Hennis turn Deitz oyer to officer
White; the prisoner was going along quietly.
Edward Mcguire, sworn Was not at the
polls when the arrest was made; saw Hennis
coming up the street with prisoner, who was
walking along quietly, but Hennis had him
by the collar and one arm; think the officer
N.ar Ill. IL ~
along; was about 25 feet away from the win
dow when the arrest was made;there was no
disturbance until Officer Hennis went to-
ward the prisoner to arrest him.
William Forsythe, sworn : Live at Mary.
land avenue and Beach street, was window
man at the Eleventh ward polls on Oct 3;
Deitz came up quietly and voted; John
Postles ordered his arrest Officer Hennis
rushed IN and said, Eyes, God damn him, /
can take him." Deitz was standing by in a
peaeeable manner; Hennis pulled him out
very roughly; Mcguire had his hand on
Deitz's shoulder; no resistance was offered
Deitz was instructed TO go along qnietly
would say that the officer was acting in q
very disorderly manner all day.
Robert Cottingham testified that he saw
Charles Deitz come up and vote and heard
Postles order his arrest; saw Hennis take
him very violent manner and pull him out
oi Lne cTOWus johnson lOllOWeQ f1enn1s ana
said "don't leave the polls for we want you
there" The treatment of Deitz was very
rough.
Cross-examined: Gave Charles DeItz a
tax receipt. Counsel for the defendant
asked witness where he had gotten the re-
eeipt. This was objected to by plaintiff
counsel, and after stating the question
clearly to the judge it was ruled out as irrel-
eVant, the Chief Justice remarking that "he
did not want politics IN the case"
Thomas II. Borden Inspector at the
polls, said Deitz came TO vote in quiet
manner and handed in his tax receipt
Mr.. Hugh johnson came running down the
street and demanded his arrest Hennis
said "yes, damn him, | can take him -
Hennis said 81 defy any s. OF a b. to take
him away"
Cross-examined ! was slow in taking
his vote gave them plenty of time for
challenging; it was the slowest vote taken
during the day all the loud talk was done
by Officer Hennis and Mr.. Johnson Alter
some corrobaratiye testimony court took a
recess until o'clock.