The Evening post. [volume] (Washington, D.C.) 1888-1889, 1888-12-11

MIR. Darlington Makes u stubborn Fight,
But in Vain.
There was large attendance at the
Potter Buck engagement in the Criminal
Court this morning. Long before court
met there were several ladies In the
courtroom waiting to get a good look at
Mrs. Potter and the handsome youth
who stole her diamonds at the Arlington
Hotel. Mr.. Lipscomb occupied the
prosecutors chair, and Campbell Car
rington looked after the rights of the
prisoner.
MR.. CARRINGToN FIGHTS HARD.
Before the Jury was sworn Mr.. Caring.
ton said that in order to preserve any
rights the defendant might have he
wished TO file a motion to quash the in
dctment on the ground that members of
the grand jury were improperly sum
moncd and were legally disqualified from
acting MS jurors. In presenting his reas.
ons why the Court should allow the mo-
ton to be filed Mr.. Darlington said that
the man should not be "railroaded' he
was indicted on Friday and arraigned on
Saturday and had not had ample time to
plead to the Indictment.
The Court allowed the motion to be
| filed and, as matter of course, over
| ruled ii.
After jury was called Mr.. Darlington
proceeded to interrogate them.
Mr. George Sheriff said that he had
read newspaper account of the rob.
| hnrts nd had fNrtn.l ,,n ,,nuititra p,,i,
! ion, but believed that, if the report was
correct the man was guilty. Mr.. Car
rington challenged him peremptorily.
The newspaper article impressed you
that the man they were talking about
was guilty." inquired Judge Mont.
gomery.
Yes, SIR
The Court said he did not think any
honest man could say otherwise, If ques-
toned, and overruled the challenge. Mr..
Darlington noted.
James z. Ryan had formed no
opinion.
Linsey Cain knew nothing of the
matter.
Willard Metzgar had noticed an article,
but had no opinion.
Mr.. Huguoly had read of it, but had no
opinion.
Messrs. Barnes, Bury and Eaton had
no opinion.
Mr.. IIietmuler was challenged for the
same cause as Mr.. Sheriff.
Mr.. Nelson had not read of il. Neither
had Mr.. IIeinc.
Judge Montgomery then reverted to
the questions of challenge, and said that,
in the interest of exceptional caution
Messrs. Heitmullcr and Sheriff might
stand aside.
Mr.. Anderson had not read the news
paper articles.
Mr.. Schafer said that he had not read
of it, but his mother and sistcr-in-law
would like to come down and see Mrs
Potter lie had formed no opinion.
Mr. Darlington then asked to be al
lowed to challenge ten jurors perempto.
rily, the evident object being to raise O
point as to the number of challenges tc
which he was entitled. The Court re.
qnirsd him to proceed in the usual order
one at a time.
h Nri Darlington then challenged Messrs
Anderson, Ryan and Huguely. Messrs
Cooley, Hodges and Woodward were
called in their places. Mr.. Woodward
was challenged peremptorily and Mr.
Leech was called instead, and was chal
| ltuEtNl lltIt lllC luCSIlOl
of three or ten challenges could be made
and the Court promptly decided that in
case of this kind the defendant is en-
titled to ten challenges.
Mr.. Darlington exhausted them all
and when he had concluded the Jury
stood as follows: Willard Metzger, G. Il
Barnes, John Bury, w. +. j. Eaton
Charles L. Nelson, John G. Baum, Ed
} ward Cooley, VIM. Heine, John w
Schafer, John NJ, Hodges, X. B. Delane,
and X. l. Posey.
From the outset Mr.. Darlington showed
decided disposition to make strong fight II
the case, making every possible point and re
serving an exception at every opening.
MR.. LIPscoMB STATES THE CASE.
; Mr.. Lipscomb stated the charge to til
: jury saying the facts were so plain that only
. technicDlity could be relied on by the defend
ant
William jackson, cOlored, the nght.watch
man at the Arlington, was the first witnes
| called. He heard q noise In room H. occu
pied by Mrs. Potter; 1 II was the next room
lie beard the rattiug of light paper and goin
into Ill beard bureau drawer shut. Thi
: was about half-past at night. He went ou
called boy, sent messenger to Mr. Bennett
The boy ran away, and aroused tn
defendant in court, who came out, am
said his lady wanted cup of hot teG
would he 10 get it,
The Waterman suggested that he rim
t the bell and call the boy.
c Thank YOU said the youth; II di
0 not think of that"
He went inside and pretended to ring
81 knew then" said the witness, "tha
| either had to hold him or let him &c
/ pulled revolver and backed him int
the alcove. ] told him that if he move
, I'd kill him. OF course" he added
: apologetically, 81 had to say something.
The finding of the jewelry on Buck
person was described by Mr.. Frank Der
nett, the manager of the hotel.
Mr.. burlington did not cross. examin
V either witness.
+ After Officer Hart had testified 10 tn
!, arrest Mrs. Potter made a most success
y ful entry.
MRS. POTTER on THE STAND.
She came in with conscious grace an
: took the stand with light.hear
It schoolgirl air that was quite foreign
II - ----------------