Evening journal., 1889-08-22
MUNICIPAL COURT.
CHARLES KYLE's ICE CREAM CASE
DISMISSED.
Robert West and Charles Carroll on Trial
For Brutally Assaulting Arthur Sullivan
Other Minor Cases.

Robert West and Charles Carroll on Trial
For Brutaliy AssauIting Arthur Sullivan
Other Minor Cases.
At the City Court this morning VIII.
liam Green was fined 81 and costs for
drunkenness; Richard Gill and jeremiah
Foley, drunk, 81 and costs each: Michael
Dunn, drunk, 81 and COSTS Thomas
Potts, colored, drunk. 50 and costs.
City Solicitor Turner then said "In
the case of Mr. Charles Kyle, which your
honor held ever to this morning, l think
1t necessary to make a statement. The
police did only what was their duty when
they arrested Mr.. Kyle When they
conceive that there is violation OF the
law, it Is their duty TO make the arrest.
They then bring the case to the court It
is then in my hands ] take all the
responsibility Of It, l decline
to prosecute in this case /
intend TO try any of the cases ON their
own bottoms and in them / will use my
judgment as to whether they should be
prosecuted or not
Deputy Judge Emmons replied II wish
to say that yesterday l was very uncer
tain as TO how to act regarding this case.
have now looked into it carefully. /
will have to recognize the
authority Of the city solicitor
and his ability, and good Judgment in
such cases feel constrained to act up
on the judgment of the city solicitor. BY
the dismissal Of this case the Municipal
Court does not intend to give licenses for
selling on Sunday. The case is therefore
dismissed. and Mr.. Kyle from further
attendance of the court.
Clerk Hyland, witnesses In the case
Of the State VS. Charles Kyle are dis
missed from further attendance at court. I"
City Solicitor Turner said. I'm the
case Of DR.. George w. Mann, the main
witnesses, in whose breasts is lodged the
full information of the case, are not here
The police have made every effort to find
them but have failed l therefore ask
that the case be dismissed. The case
was dismissed
In the case of Charles Carroll and
Robert West, Sergeant Stewart was the
first witness called. He testified that he
heard there was a row in front of Mich
Rel Clinch's saloon, No. 20S West Seventh
street He went around in company
with Officer Edward T. johnson and
found Carroll and West acting very dis.
orderly. They arrested them and took
them to the hall They saw nothing o
the fight. Michael ]. Clinch testified that
these men came around to his saloon very
drunk and disorderly ON Tuesday night,
and asked for drinks. he told
them that they had enough
alseady. and closed the door on them
Then they became very disorderly out
side and Arthur Sullivan, who was in the
saloon at the time, went out on the pave
ment to see what was the matter. H,
knew nothing more than what he heard
beside this.
Arthur Sullivan was then called Hi:
face was bandaged. he said Il stepped
out the door to see what was the matter
had been in the saloon taking glass o
beer and talking to Mr.. Clinch As
stepped out the door West strucl
me and knocked me down. l got up anC
| had gotten the best Of him when Carol
threw the stone and cut my head The
we're four or five in the crowd He drag
ged me into the mud and / was prett,
| sight when they were through with me
/ was almost covered with blood aud N,
cloths were muddy and torn
The prisoners were asked If they ha
any questions to ask Mr. Sullivan. Yves
said: "Mr Sullivan, did you ever kno'
me to be engaged in any thing like thi
before in my life?"
Mr. Sullivan replied; II did not. / wa
very much surprised at you. West
"And l was very much surprised at my
self
George w. McEllenger stated that h
was aroused from his sleep about l
1 afnlnnlr tl,o4 atrar,ft,rr Irr ha - na,
roll and West. They We're using yer
profane language and talking very loud
People were at their up stairs window
all around the neighborhood.
Thomas D. Coward had seen the me
engaged in fighting and using very pre-
fame language earlier in the evening.
Mrs Pattinsin testified that she live
next moor to the saloon The noise mad
outside drew her to the doei
Here she saw Carroll and Yves
in the street on top of Sullivan, VIII
was in the mud, beating him. The latte
was covered with blood She assiste
Sullivan into her house and washed HI
wounds.
Dr. Dravo stated the wound was yer
bad and ugly one. 1t was two incht
long, right in the midd of the forehea
and into the skull He did no
anticipate any danger if Sullivan WI
properly attended to. but there WEI
chances of blood poisoning setting il
The wound, he said, when he first saw
was full of little pebbles and mud. TIL
made it much worse
After hearing the doctors testimon
Mr. Turner said MAY it please Il
court to hold these two men in $500 ba
to answer this charge at the Saturda
morning session of City Court?'
The case was continued until thi
time.
At last evenings session Of cou
Thomas Mason was fined S562 for r
sisting Officer Updike while in the di
charge of his duty