Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-05-12
THE SPNRNS.DE alma TROCBIE.
Hearing in the Police Court.
STATEMENTS OF COL. DE alma AND THE COM
MISSIONER.

Commissioner OF the Land Office Sparks ar-
peared in the Police Court this morning to
answer to the charge OF assault and battery
preferred against him by Col DeAhna, a land
office agent at Carson City, New, charge grow.
Ing out OF the alteration at the land office last
Saturday, reported in THE STAR of that day.
Assistant District Attorney Thomas appeared
for the prosecution, and Mr.. W. W. Wiltshire for
the defendant.
Col. DeAhna testified that several days ago
he presented himself to the commissioner as "A
special agent of the Interior department.. He
had been carrying out important instructions
out In Nevada said witness and came here on u
leave of absence granted by the defendant.
inquired, "What are You doing out yondeIe'
He replied, .only carrying out orders" Don't
think you did much good, and your services
We're of no value" was the insulting reply.
When witness entered the land office saturday
morning, and was told by the commissioner
that he could not attend to his (witness1 busi-
ness that day. witness told him TO wait his
own time, when the commissioner replied that
ne,a ne never na9 any time, and told witness to
"clearout." witness did not clear out, and the
commissioner came towards him and inserting
his fingers between his throat and his collar
tried to strangle him, breaking Off his collar
button In the skirmish.
On being asked If he had not been violent in
his conduct.the witness impetuously exclaimed:
80 help me God l did not say word for
twenty minutes. 1 am not such a fool as TO
fight my superior officer, when L want him TO
fix up my account"
l.utucT oaTIiSou, ucputy commissioner, teSt1-
fed that Col DeAhna came in the office and
prevailed upon the commissioner to send for
his reports, as there had been something said
about items In the report charging SO a day
for a team, 81 for feed and So for greaSing Il
wagon. Col. DeAhna said that if those items
appeared In bis reports he would tender his
resignation. The conversation was kept up at
some length, and the colonel charged that he
bad been treated like dog, which the commits
more than the necessary force to eject DcAhna
When the colonel left the room he remarked,
"11u M cHia hays made ,tio d|t1ol tool, OF yourself
the interview, told Harrison that he (DcA. was
''chock full of dynamite" When the commits
sioner turned toward him and asked DeA s
business the latter complained OF his treat
ment in very offensive manner, and said he
had been treated like deg. The commits
at the same time. DeA. grasped his cane and
motioned him back. The commissioner grasped
him by the lapel of his coat. Mr.. Harrison
came forward and quietly requested DeAhna to
go out, and he did The commissioner used no
more force than was necessary in putting De
A. out.
Commissioner Sparks testified that on Satur-
day morning when he got to his desk DeA.
came in and commenced firing off about his
accounts, saying that he had been treated like
q dog-thinks he used the word ..d-d.'' Wit
ness repeated that he had not treated him
badly, and DeAhna said he had. Witness then
told him he wanted him to leave the office: and
repeated it twice mildly but firmly, and the
fourth time he said: Now leave this office: you
shall leave the Office and added: "Gentlemen,
assist me In putting this man out" Witness
then took hold of the lapel of the coat; did not
take him by the throat, and used no more force
than was necessary. Witness was not at all
frightened.
Col. DeAhna insisted on going on the stand
again, and said that Mr.. Sparks statement was
not correct; that Sparks took him by the
throat.
Messrs. Harrison, McMane, Allison, and others
testified that there was no catching by the
throat.
THE CASE DISMISSED.
The court said If the charge was true it would
be a grave breach of the proprieties of a public
place. All parties must be subject to the rules
necessary, and when one is requested to retire
he should do SO. The burden of proof was on
the government, and DeAhna stood alone as to
the charge of seiZng him by the throat. The
court was obliged by the testimony 70 dismiss