Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-01-09
THE ASSAULT ON CAPT. TANNER.
Trial OF Col. James G.. Tracey In the
Criminal Court.

Trial Of Col. James G.. Tracey In the
Criminal Court.
In the trial Of Col. James g. Tracey yester-
day, in the Criminal Court, on an indictment
for an assault and battery with intent to kill
Capt. j. B. Tanner in July last, Capt Tanner
testified, after TIE SrAR's report closed, that
on July IS he entered his Office (Tanner 4
Harmon, 613 18th street,, about noon, and Col.
Tracey was at the counter talking to Mr.. Har-
mon. Tracey remarked: "This is the man
want to see," and followed witness behind the
railing. Witness showed Tracey q chair, and
and he Tracey) asked, "How about that set
tlement?" Witness replied, ''That is for you
to do" Tracey replied, 81 propose to settle it
now" and as he CTracey) raised he put his
hand in his pocket as witness supposed, to get
a memorandum book. Tracey drew pistol
and fred, the ball passing his head as be
some grains Of powder in his face. Witness
at once grappled with him, when the pistol
was second time discharged. Both balls
struck the safe. Witness threw Tracey across
| a chair, and held HIM till Mr.. Harmon and Mr..
| O'Doud came in at his call and took charge of
him.
MR.. HARMoN's TESTIMONY.
John H. Harmon, jr., testified that Tracey
| called on him as to some margins, and he asked
witness to carry him four or five days. Wit
ness told him that he could not do it. Wit
ness attention had been called to Tracey's
| having pistol and he told him CTracey) that
he was not afraid Of it. Tracey replied that he
| (witness) was the last man that he would shoot,
and witness replied: I'm id glad to hear of
| it." Then Capt Tanner came in and Tracey
went back with him; heard no conversation,
| but in half a minute there was the report of a
| shot, followed by another. When he heard
| Tanner call Jack, he knew that he (Tanner)
and seized Tracey, from whom was taken the
| pistol. Tracey said: Il suppose l go to my
death, butIm id sorry that didn't take one
| of those s. Of - with me-"
| PROCEEDINGS TO-DAY.
| Mr.. Harmon resumed the stand this morn
ing and was cross-examiped by Judge Yates.
Witness said their business was dealing in
stocks, &c. Before the contracts were made
Tracey had S147 to his credit. The night
| before the occurrence Tracey owed the house
| $50, and before he called on the day of the
shooting he owed $3.50 more. Witness de-
scribed the position of the parties when he
| went into the room after the shooting, Tracey
being across the chair and Tanner over him
| holding him by the wrist of the hand in which
Tracey had the pistol pointing toward the
| floor.
Redirect-It was on Tracey's second visit
when the boy called attention to the pistol.
TELEGRAPH OPERATORS STORY.
Jas. O'Dowd telegraph operator at Tanner
4 Harmon's) testified to Tanner going into his
private Office, and to Tracy going in and both
taking seats. Witness was called by message
and he went out in the main Office when he
heard the shots. Mr.. Harmon and witness
| then ran in. Witness corroborated Mr.. Har-
mon as to the positions of the parties. An
| off for
lounge Tracey said II don't see how missed
| him; aimed at his head and tried to kill
him." and then asked for his pistol.
| On cross-examination witness testified to
| Tracey and Harmon converslng, and that when
he left the private Office both parties seemed
friendly and were seated there was no loud
talking, and no lie passed that he heard.
| TESTIMONY OF THE POLICEMEN.
| Officer J. N Salkeld testified that he was at
18th street and New York avenue, and was no.
titled of the shooting, and he went to the Off
| Ger. Harmon handed him a revolver, and wit
| ness went in the back Office. Tracey was on
the sofa with Mr.. ODowd; told Tracey that he
| had been sent for, and he had come to see
| about it. Tracey said that they had swindled
| him and assaulted him. As Tracey was being
| taken out of the Office he said something about
going to his grave, but he wished those : of
| S had gone there, or words to that effect. On
the way to the station he repeated he wished
| he had killed the - of "a. Tracey asked for
his pistol before they left, and Harmon said
] the officer had it.
| Officer LOTUS testified that when he arrived
at the Office Officer Salkeld and another man
had hold of Tracey. Tracey asked them not to
put the handouts ON him. Tanner said that
Tracey had tried to kill him. Officer Salkeld
handed witness the pistol; there were two
| empty shells and three loads. On the way to
the station Tracey said that they had no right
to arrest him for they had not seen him do
| anything. They told him Capt. Tanner had
accused him of attempting to kill him. He
| said that he was sorry that he had not killed
| the - ola.
CLOSING TESTIMONY FOR THE GOVERNMENT.
| DIR. Oscar H. Coumbe testified that he re-
moved some powder marks-15 or 20 grains
from the left ear of Capt. Tanner.
| Mr.. Harmon was recalled and testified that
| Capt. Tanners left ear was filed with powder.
| This closed the governments case.
| CLAIMING sELF-DEFENsE.
| Mr. Yates said he expected to show case of
self-defense; that there were some words be-
tween the parties, and that Tanner committed
the assault, and the position of the parties
! showed this.
| Col. Stewart, Representative from Texas,
| testified as to the good character of Col.
Tracey; had known him since about 1866 a
| newspaper man and as United States marshal
| during President Arthurs administration.
REPUTATION OF TEXANS.
Upon cross-examination MIR. Shillington
asked Col. Stewart if the reputation of the
| average Texan for peace and order was good.
''As good as that of the citizen of any state
in this Union" replied the colonel.
MIR. Shillington asked if that was the stand
ard on which he based Col Tracey's reputa-
ton.
Col. Stewart replied that he did not know
that they had any other standard than that
which prevails in any other civilized commu-
nifty. D..
Col. Stewart was asked if he had ever heard
of any shooting scrapes in which Col. Tracey
| was engaged, and said he had heard of one.
STORY OF THE DEFENDANT.
The defendant, Col. Tracey, testified that the
trouble originated from business matters; that he
had been engaged in stock speculations for two
years, and up to that time had been on the best
of terms with Tanner & Harmon. He had I'M
| fortunately gone beyond the money he had on
hand. He had lost all his money except $500
represented by the contracts, and he went to
the Office expecting that Tanners sympathy
would lead him to carry witness two or three