Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-04-24


In the Armes' court this morning Judge
huboeu continued his argument in behalf Of
the defense. He commended that Capt. Armes
was IN the parade virtually as a deputy ser
geant-at-arms. and that the assault on him was
direct breach Of the peace He argued that
this was, therefore. good ground for the arrest
ana prosecution Of the offender. and that
bourkes arrest was not. as alleged in the
specifications, false and malicious" The
failure OF the officers TO notify Armes of the
time for the trial. and the haste of the prose-
cutting attorney to learn whether the witnesses
had been summoned before he nolle pressed
the case. he said, excused Armes from guilt of
the first specification of causing the false ar
rest of Capt Bourke.
ARMIES CHARGES AGAINST GIBSON AND norRKr
He thought also that the letter 10 the adiu-
tant-general making charges against Col. Glib
son and Capt Bourke were not as specified.
malicious and false, as those officers did charge
pto Armes, and forcibly elected him from
the parade while he had authority to appear.
they appearing TO Armes in a boisterous and
drunken condition. The publication of the
letter IN the Critic. he alleged. was not libel
ON the part Of Capt Armes. both from the fact
that the statements printed were true. and that
IN publishing them the editor of the paper
THE ASSAULT on Gov BEAVER
In taking up the last specification. relative 70
the assault on Gov. Beaver. Judge HubbeIl
contended that the testimony ON the subject
dlsproved that Armes had made what the
charge alleged was violent and cowardly as
sault."
He concluded his remarks at five minutes
after II O'Clock, and Major Davis made a brief
address TO the court
ADDRESS OF JUDGE-ADyocArE DAVIS.
May IT please the court" he began, there
Is nothing IN the argument of the learned
counsel for the defense. in point of law or
fact, to which L feel called upon 20 reply. In
the general presentation of the case. in each
succeeding incident of the trial, and in the
discussion OF the questions that have arisen
from time TO time, my endeavor has been to
restrain my action within such limits of for
bearance as were consistent with the interests
of the United States. whose case il is nv duty
TO present. In the examination of the wit
nesses that have been called on either side L
have had no other desire than to see that the
truth that lies IN their minds should be made
known.
MAJOR DAVIS REQUEST FOR LESIENcY ON ACCOUNT
OF CAPT. ARMIES FAMILY.
THE case in all its phases is now before the
court. My duty ends where yours begins. and
with single request will close. Not for
any virtue in this defendant. nor any merit in
his case. but IN the name and for the sake Of
the helpless and dependant ones who had no
part IN the offense out OF which this litigation
grew, but upon whom Its grievous burden
must chiefly fall | will ask, with
all the consideration that attaches TO nv sta
ton, that the evidence that has been given in
NAV be charitably and literally construed. that
every scrap of testimony that makes for inno-
cCence may pass, with undimnished force, to
his credit; that every reasonable doubt that
may arise shall be resolved in favor of the ac-
cused. With this, may it please the court,
submit the case"
This statemment was followed by a moments
pause Of surprise, and then Col Black ordered
the court 10 be Gle AIRED