Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1885-07-04

would arrest him for interfering He
dared me to arrest him. In going
out of the door got my back against
some one; turning saw it was James
Welsh, who said Il am not interfering.
Swore out the warrant after consult
ing the Mayor, attorney Purnell, Mr..
Wingert and other councilmen at
Wingert's store. Here it was decided
the ordinance was good. My fee in
the case is rs cents, payable only if
trayerser is convicted"
Frank Spates testified that he was
in the Office of Justice Moat when the
affair occurred. Keller made some
noise. Justice ordered him to the
lookup. Heard Percy ask whether
trial could not be had first. Justice
said emo, take him on" In the scufae
which ensued there was some contact
Of Percy and Keller, but could not de-
eide as to Percy's intention.
Thomas Williams saw struggle be-
tween Laemmert, Keller and Percy,
but was too far away to see plainly.
Here the prosecution closed.
William r. Percy said when Keller
was ordered to the lookup he asked
whether he (Keller) could not first have
his trial. Keller ejaculated-''Billie,
you stick to me !"-at the same time
grabbing him percy by the arms.
Did not interfere with the bailiff's dis
charge Of duty, nor intend to; did not
take Keller by the coat, and pro-
nounced the evidence to this effect
false. Keller did not make the noise
in the room others did unrebuked by
Justice Moat.
William Payne detailed tho pre-
liminary proceedings in Keller's trial,
in which Keller was obstreperous.
Percy appealed to Moat for trial be-
fore sending Keller to the lookup, but
Justice said "no." Corroborated
Percy's testimony.
Samuel johnson saw all that occur
red in the room. When Keller's case
came on heard him say with reference
to Mr.. Blasse who was being sworn, 'let
the hide 60 with the tallow." Justice
notified Keller that he would give him
5 or 10 seconds to "dry up,"or he would
send him to the lookup. Keller per-
sisted, and the trouble began. Did
not regard Percy's action as resisting
the officer. Heard Laemmert ask
Percy-"what have you to do with
this 2" Did not hear what transpired
outside the door. The Justice said af-
terward-"if that man percy inter-
feres l will send him to the lookup"
Did not sec the circumstances detailed
by the bailiff.
John Smith stated occurrences in
the room as others did did not see
all, however.
John L. Porter gave similar testi-
mony. Keller was noisy; would not
stop talking after the ad,nonition of
the Justice. Did not see Percy have
hold of Keller.
William Payne, recalled. Did not
see Percy try to drag Keller back in
the room was in full view of the af-
fair.
Moses Keller saw his uncle (Joseph)
take Mr.. Percy by the arm; did not
see the latter resist the officer.
James Welsh saw Laemmert and
Cronin take hold of Keller very rough
ly after the magistrate had ordered
him to the lookup. Keller had Percy
by the arm. The latter did not resist
Laemmert.
Joseph Keller denied almost in toto
the bailiff's testimony. Had taken
several complicated drinks but re-
membered all he heard, though he
did not hear all that occurred. The
confusion was so great at times could
not hear his own utterances. When
Blasse rose to testify said to him
"Now, Blasse, let the hide go with the
hair" meaning that he wanted
straight, square swearing.
Bub Folk heard Laemmert's testi-
mony. Although witness of the
trouble did not see 1t as the bailiff
did.
George H. Wittig, mayor, heard the
testimony of the bailiff concerning the
conference at Wingert's store. The
attorney deemed the ordinance good,
and he the Mayor told the bailiff to
do his duty without partially, a man
having been recently fined for an of.
fence similar to the charge against Mr..
Percy.
Mr.. Brace asked whether, as May
or, having heard the evidence, he de.
sired to continue the prosecution Of
this case Z"
Mr.. Wittig replied-"IfI were sit.
ting in Justice Atkinson's place would
decide"
Mr.. Purnell suggested that declara.
ton by the Mayor touching the point
| wOn1d amonpt 70 a pra ;uJna,ooot nj