National Republican., 1883-10-12
THE EX.DETECTIVE CASES.
Commencement Of the Trial Of Tom Dunn IN
the Criminal Court
The Victims Description Of the Game Of
"Top and Bottom"
Charles 0Ieary on the Witness Stand-ObjcctionS 70
His Testimony by the Defense
Other Matters Before the courts-WhSt
the Record Shows.

The first of the cases in the list of what
has come TO be known as the detective cases
was called for trial yesterday in the criminal
court, before Judge Wylie, being that against
Thomas Dunn, indicted with John G. Lynch,
alias Con Lynch; John White, alias Jack
White, and David Murray for taking S516 in
money from Bushrod II. Sparks ON the night
of Oct. IS, 1881.
The government was represented by Dis
trict Attorney Corkhill, Assistant District
Attorney Taggart, and Special Attorney II.
II. Wells while Messrs. A. b. Williams and
Charles Pelham appeared for the defendants.
The accused, when arraigned, pleaded not
guilty.
The following were called into the jury
box: Thomas Somerville, Victor ]. Becker,
Henry Bailey, Andrew Archer, William p.
Cannon, Bartlett w. Page, Eli ii. Hughes,
John Golden, Clarence Beall, William ii.
Scott, George +. Pyles, and Columbus j.
Eslin, and the court decided that the govern
ment was entitled to three challenges and the
defendant to four, to which ruling Mr.. Will
Jams desired to note an exception, and the
court held that the proper time for that was
when tine right Of challenge was exercised.
Mr. Williams asked the court to direct tho
government to exercise its right of challenge
nTsU, WHICH IL ucCllneu anu
was noted.
Thomas Somerville, Clarence Beall, and
George f. Pyles were excused by the defense,
and George W. Banagan. John l.. Vogt, and
Thomas Lucas were called Andrew Archer
was excused having expressed an opinion,
aud Joseph Shorter was called.
The defense excused Thomas Lucas, and
Robert j.. Fry took his place. The govern
mcnt cha lelged Wm. Cannon, and after
calling John A. Schneider, John II. Mire,
and John w. Craft, a of whom were chal-
lenged, Edward +. simpson WAS accepted, and
the jury as complete standsas follows: Colum-
bus j. Eslin, John Golden, w. II. Scott, w.
H. Bailey, q. w. Banagan, John L.Vogt. Jos.
Shorter, II. Il. Fry, " J. Becker, b. w. Page,
Eli il. u,hes, and Il. +. Simpson.
Assistant District Attorney Taggart opened
the case for the government and stated that
Mr.. sparks sold out his property in Nirginia,
and arrived in this city Oct Is, 1881, on his
way to Marshall, Mo. After purchasing his
ticket he was approached in the Baltimore and
Ohio depot by Lynch, who engaged him in
conversation, and pretended to be on the way
to Marshall. They got ON familiar terms, and
walked out together. going to "a saloon, and a
drink was proposed, and Mr.. Sparks took
lemonade. They expected to show that the
barkeeper was Dunn; that another party
came in, and the game of top and bottom"
or twenty one" played with dice, was pro-
($516) against the Doodle, and, though the
money was won, his money was taken. They
expected to show that these were confeder
ates; that everything had been arranged
beforehand; that Dunn was of the party, and
that he participated in the division of the
spoils.
Bushrod Sparks was the first witness called,
and testified that he now resides in Madison
county, Va. In October, 1881, he resided in
the same county, and on Oct. II of that year
he started for Missouri to live. When he
bought his ticket he had S546 and was in this
city ON the eighteenth of October. When he
got to the Baltimore and Ohio depot he went
to the agent to buy his ticket and had some
conversation, and thon went and sat down by
his wife. She, little later, went into the
ladies' room, and a gentleman with paper
came and took the vacant seat. The stranger
asked witness where he was going, and the
witness said to St. Louis. The stranger said
that he was going west, but beyond ST. Louis,
To Marshall. The witness asked him if he
knew anybody there, and he said that he did,
and told him the name of Henry Sparks, a
cousin of the witness. This gave the witness
confidence in the man.
To the court. The witness did not tell the
man that his name was Sparks or that he was
going TO Marshall, or had relatives living
there. He did not recollect either telling the
ticket agent anything about it.
witness to take walk, and they went out
and into saloon, where each ordered a lem-
onade. AS they were about to drink another
man came in and drank whisky. The man
with witness, who said he was a banker, and
the one that came in last, each handed out 0
So bill. They then threw dice to decide who
should pay for the drinks, playing the game
that the banker proposed. Tho banker wor
II box of cigars and So. The man who had
Joined them in the saloon went in the fal
end of the room and came back shortly. In
the meantime the banker explained the game
to the witness. Then the other man, who had
lost, offered to throw for $500. The banker
did not have the money and borrowed it from
the witness, who went to the depot and got II
from his wife, $516 in all. 1t was put up and
the dice were thrown. The banker pro
posed that the witness count the spots
and while he was doing so the Other
man grabbed the money and run out. The
man behind the bar came round in fury
and he cried out, "You are set of thieves
The man behind the counter said: "D-n you
you are gambling here, and Will cause my
business to be broken up." Witness pursued
the fugitive, but could not catch him
Through Officer Scott witness got Ms tickets
exchanged, and went with him TO police head
quarters. Witness had seen the barkeepel
since on Pennsylvania avenue and in thu
court room, and saw him nOw-pointing Il
NlIHtsh sulu hS huu hSNCi ASSSANSu
cent Of his money.
The witness was cross examined by Mr.
Williams He said that after going to police
headquarters aud to "A station house he wen
TO the depot, where Detective Acton saw hin
and told him not to talk about the case
Before he picked Dunn out he was shown
picture of him by Gov. Wells. A number o
ic,ures were handed to him by Gov. Wells
who said that one of them was n man VIII,
was concerned in robbing him, and witness
picked it out. Never saw this picture bu
twice. Witness was summoned here, and h.
went direct TO Gov. Wells's house; say
OLeary several days after he arrived ha'
had no convers lton with O'Leary or Dono
hue on this subject.
By the court-When the S5l6 was bet tn
spots on the other dice We're not counted
witness did not finish counting them.
RodireCt-Witness was not told the nam
of Dunn till he recognized the picture in til
pack. There were ten or u dozen pictures
and Dunn's picture was well down In tn
pack. As soon rs he saw it he said he woul
swear TO him wherever he saw him.
BY tho court-Witness pursued the ma
thirty or forty yards, and was recalled b
Dunn. who spoke of a policeman.
recess was here taken, and on reassem
bling Mr. Sparks was recalled and identihe
tho photograph.
Oilccr Scott testified that on Oct. II or
he saw Mr. Sparks at the Baltimore and Obi
depot, who said he had been robbed, an
pointed out restaurant 220 New Jersey ave
nue. (Wise's) rs the place.
Garfield Il. Stratton, clerk in the city pos