Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-09-10

thy's grocery stoee, on Trumbull street between
ID and ~ streets, In the county, on the nighto
August asa, and to which little attention was
paid at the time, was raised In criminal dignity
last night By the death At the Freedman's hospi-
tai OF Edward shields from the effects OF blow
thea received. Shields was engaged ss .
1A0oFer on the works at the new reservoir and
was - yean old. David Fitzgerald, the man
with whom be had the ARRAY, is about Is years
oio, ana works on the farm At the Soldiers
Home. On the night In question they had an
sa.etcaaon, during which 1t is charged tftz-
loaded stick. Both men were arrested
ana forfeited collateral in the Police Court.
shields sht s was charged with disorderly conduct
ma fitzgerald with assault and battery.
Shields went TO work next day a. usual, appa-
rently uninJured, and the affair was soon for
ted as patient to Freedman's hospital. He
Vas suffering with lockjaw. believed TO have
been produced by the blow struck by Fitzgerald.
there was little chance Of his recovery. The po-
lice at once took Fitzgerald into custody. and
neos e e a. the second ,ie
after 8 o'clock. The coroner Investigated the
ease this afternoon.
THE INQUEST.
Shielos' body was ly ing in the dead house ut
the Freedman's hospital when IL was viewed
Henry SeebOde. F. w. Koss, George L. Eberly,
John w. Krous, August Gersdorn and II. L.
Goodwin. Upon the left temple was q small
charged by Fitzgeralds stick A bandage was
tied around the face TO hold the jaw in place.
The jury heard testimony in the operating
room In the college building adjoining the hos
Pital. Fitzgerald, the prisoner. was brought
from the station house and listened to the ties
tlmony. He Is q small and rather mild-looking
The first witness was Dennis Mccarthy, the
Keeper OF the store where the fracas occurred.
The witness described dispute he had over
his accounts with Shields.
Messrs. Fitzgerald, Maginnis, Lotus and
kersnng were then In the store. Witness
showed his books to Shields, who called witness
mar. Shields put up his guard, the witness
SAID 10 strike him, when witness told him not
70 strike him. Witness told Shields to get out
OF MS place. Shields refused to 20 using much
profanity.
Shields finally said he would clear out all that
hind the counter and Shield caught hum by the
throat, forced him towards the door and tore
his pantaloons. Witness had Shields by the
off: He did not strike Shields. Then
witness and others put Shields outside the
door. shields returned and broke in the door.
DE mad a little cut on his forehead, and witness
noticed that Fitzgerald had a cut on his hand.
He had a cane i'm his hand, and when he came
in he slapped Fitzgerald on the cheek with his
leit hand. Then they again elected Shields,
VINO became very abusive and proiane. threat
chance to take the witness life. The
witness first noticed the cane in Shields
nam, nano when they put him out the first
tifne Fitzgerald stayed there that night with
the witness. The next morning Shields came
INTO the witness store and apologized for his
condu of the day before and said he would
not hurt a hair of his head. He said he would
not have done what he did if he had not been
put up to it by Mr.. Goodwin. The witness
thought that the cane Shields had was Fitz-
gerald'S cane.
rhe hearing of testimony was still In progress
when our report closed.
The Hale-Armstronx Libel Case.
PROCEEDINGS IN THE POLICE COURT TODAY.
To-day, at one O'Clock, in the Police Court
Judge Smell, there was quite an interested audi
ence to witness the examination of VIM ].
Armstrong, Of the Free Press. on the charge of
libel in having in that paper of the 10Th of Au-
gust published, under the head of THE Hoo
Doc Doctor an article of and concerning Dr.
W. Fl. Hale. Mr.. r: Coyle, assistant district
Messrs G. A. Walter and D. E. Cahill for the de-
Mr.; CahiII said the defense claimed that it
offense charged, and he read the act OF Febru-
airy 25, 1865 tsec. S42), that in all prosecutions
or lnai e, the truth may be given In evil
it applies TO every conceivable prosecution for
Latrobe's Justice" They aliege the truth Of
the article, and ne was satisfied that il the
court would hear the witnesses who have been
duped by this man he would not send the case
Mr.. Coyle said the section quoted con-
templated courts where the general issue could
De pleaded, and this court was not such one
that this was not trial couIt-and the testi-
mony could be admitted here.
Mr.. Cahill maintained that Congress- in
passing the act referred to, intended y revolu-
ton as to libel cases, and contem plated that the
defendant might plead the truth; that in cases
able cause, but they intended that the defense
might be made at once. The old law was the
greater the truth the greater the libel.
hp H.,
thought 1t WAS competent. He had had some
experience as to libel. He had tried several
cases. and IN two acquitted, but in one he was
about to act, and II was taken up and the court
above laid down the law. He cited the case of
ex parte Wilson, and said that libel was re-
law notion had been superseded by the act of
1865. He read this section, and said that the
Language applied to a court which could acquit
While ne would be glad to dispose Of the case,
George N. Garrett testified that he was a
where The Free Press is published. Witness
identified the paper 0he Free Press) and said
he he read the article when It was on the press
Mr.. Cahill: Will you swear that that man
is named VIM. H. Hale?
Witness: No, sir.
The paper was offered in evidence
The court asked whose name was at the head
OF the paper and was answered w. J. Arm
DR.. John A. Rowland testified that ne saw a
notice that DIR. Hale had commenced an action,
and purchased the paper.
OBSERVATION-DISCLOSURES knew the prose.
cutor to be VIM. II. Hale. Witness was phys
ician, having graduated at the Botanical Medi.
cal school, Cincinnati. Witness was not a
practitioner here, nor did he belong to q medi-
cal society of the District
DIR. Hale testified that he was named William
Henry Hale, was physician and journalist;
had lived here three years; knew Arm.
strong, whose occupation was nothing
when he first knew him. Some days
before the publication Armstrong called
on him in regard to an advertisement of his
which he had some weeks before ordered out
Armstrong asked him for $40, and he told him
il he had q bill to make it out. Armstrong be-
came angry and said that he believed what had
been said by o certain party was true and that
he would drive witness out Of the city The
next day he sent q bill.
Cross-examined-Was born in Belfast Sen.
TENDER 9Th, 1852; came to this country when
81 years old; graduated at the American Medi-
cal College Eclectic school at Cincinnati. Wit
ness was not DIR. Carson; had never travelled
under that name. There is DR. Carson i'm his
house, and witness opened his mails. DIR
Carson and himself were not one and the same
"You fabricate when you say So" said the wit.
ness to counsel
"You lie," was the reply OF Mr.. Cahill, sand
are q perJurer and swfndler."
The hearing OF testimony was still In progress
when our report closed.
Row FafalIv