The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1885-09-10
LIES NAILED.

Case rs Irieu IN Cno UnlteQ states COurts
The Republican PRESS of the State, as
if afraid to discuss any real issues of
the campaign, are seeking to make the
actions of President Cleveland in par
doning Lieutenant Mullen. and of Gov
ernor Hoadly in asking for his pardon,
an issue. The columns of every Re-
public paper in the city and town in
the State are teeming with vicious ar
ticles on the subject. :and giving publici-
ty to lie after lie in connection with the
case. There is not paper in the whole
number that has given fair account
of the trial or the causes leading
thereto.
In order that the whole truth may be
known to people on the outside. a Gin
cinnnti Enquirer reporter sought Mr..
Baker and asked for an account of his
connection with the case. Mr.. Baker
is gentleman of high standing at the
Cincinnati bar. He has been Co unity
Prosecuting Attorney and County So
licitor, being elected to the latter posi-
ton over Judge Foraker. now the Re-
publican candidate for Governor, by
three thousand majority. The gentle
man was found by the reporter at his
Office in Pixies Opera House building
and interviewed as follows:
MR.. BAKERS STATEMENT.
"You were the attorney for Lieutenant
tie unted States Coupe ast wnfer ssid
the inquisitor.
"Yes," said Mr. Baker, run ming his fingers
through his curly locks.
citizens locked up. and how came there to be
"Well," answered Mr.. Baker. swinging
telling you all know about the case Lieu
tenant Mullen was indicted with Lieutenant
Burke. Patrolemen Keating and Cunn: :ngham
charged in an Indictment, that had six
counts. with having prevented a number of
election, by locking them up in the Ham
mond Street station house. Five of the
counts, If my memory serves me right,
ants, and the last count was several assign
ment.
conviction of conspiracy is by statute ten
years in the penitentiary and a fine of Sc, 600.
The maximum punishment for the offense
Lieutenant Mullen permitted a verdict
against him Is one year in jail and a fine not
.The case was tried to Judges Baxter and
Sage. It was the last of the election cases.
so-called, in all of which, save this one.
Il understand you were employed to con-
duct the defense only short time before
yes" replied Mr.. Baker. 81 did not con-
slider myself employed as counsel until
about an hour before the trial began, so my
time for preparation was short Indeed I
had had no consultation with two or three
of the defendants until after the jury was
sworn" worn,
District Attnrnav
men, besides John venable, as witnesses,
who claimed to have been deprived of their
Lewis, James Easton. Charles johnson,
Charles Selby, Lewis Gross and Fred
'Is that all2 I thought there were 18O"
we're . these six witnesses Who testified @ on
mony showed that venabie ran crap
house There were three rooms in it.. The
first was bar-room, where a bar aud the
pied BY Venabie and his wife. The
third was kitchen. and in which Charles
preceding the election fifty or sixty colored
men were sleeping. Among them Rogers,
nesses haVe entiooed anT %beT Were sas eleen
ing on the crap tables on the bar, I'm chairs.
on boards tilted up on one end. and on the
Under Under Lieutenant MulIen's ~ orders, We're : re,
taken to the Hammond Street station house.
One or two other crap houses, similarly col
"The aggregate number Of colored men so
arrested was, perhaps, between 1Oo and 200.
Now, If sleeping on plank in a bar-room
over night makes q man a resident and a
citizen, then these men might be termed
citizens. Judge Sage: however, held, in a
man could not claim q saloon he slept In. sit
| ting in q chair. a hdbitdtfon, and directed a
conutction OF the prisoner upho had uoted. and
as his defense to the allegation that he was
not resident.
Judge Baxter, hoXsYer, s1R1 e held differently
| ing the learned Judges opinion in passing
| sentence on Mullen, in which he advised
citizens. -----
"The proof. although conflicting. also
Of coSreS @en came
they were followed to xenabiess house: -
whether or not these men were locked up
at the Hammond Street Station. Some who
we're known to be voters were released
| "Now the defense was that as to Burke he
was ignorant of the whole matter: that
Yeeneman was simply bystander and Gun.
ofhcer, Lieutenant Mullen, whose orders
Mullen Null mefe on % the witness @ stand assumed the
entire responsibility. He produced as his
justification the police order of the Mayor,
1
characters, and he denied that he made
the arrest for the purpose of prevent
ing anybody from 5Tt that he was va in
| deavoring to obey the order of tho Mavor
Of course if the defense as to Burke, Keat
lished. the charges Of conspiracy were at ar
end, there could be no conviction on those
counts-conviction upon which meant the
one ne man cosspre e. sost himseVs 81 that t wSe1 s
stand" Stand said adm Mr.. Baker, sthst I am talking
about this case as lawyer"
This Is the way the case stood" continued
| Mr.. Baker. when the Assistant Distric'
Attorney concluded his argument in the
That tse MaS
or's order to Mullen was no warrant or justi
fication for making arrests, and he delivered
been entertaining to the Mayor had tina
funetionary heard them, in the nature of |
Judicial opinion mp upon a,s Mayor who ho, wonlt h
Court adjourned until morning. had beer
told that the jury was divided politically
licans, and from Hamilton County, and parti
san feeling at that time ran high and hot"
SIN the morning, however, to continue
"Mr. Richards, the District Attorney. met m,
in the court room and proposed that com
promise verdict be returned in the case
finding all not guilty but Mullen, and he guilt!
upon the last count of the Indictment. hat
but few minutes consultation with m!
clients, and stated the offer of the D:stric
Attorney. Itwas a most difficult and EN-
bartassing situation for counsel. Lieuten
ant Mullen, however, ended it by declarin!
who had acted upon his orders, to be put II
the least jeopardy, he would consent to sucl
q verdict, and. although NOT GUILTY of tn
intent declared in the count of the indici
ment of hinderng voters, still. that his &C
defendants should not be subjected to an
chances, much of which depended upol
Judge Baxter's charge to the jury, he under
took to suffer the punishment, and the veI
dict was rendered by consent of counsel"
"A traveller describes natura