Evening journal., 1891-06-16
EDMUND MITCHELL FINED
THE "GALLANTn CAPTAIN PAYS FOR
HIS VALOR AT THE POLLS.

absurd tactics pursued by walter
II. Hayes one Of the counsel foS the de
fense
When the case was called the city
solicitor requested that all the witnesses
on both sides should be excluded from the
court room. The request is not an un-
usual one and rarely resisted, but the
motion seemed to take away the breath
of Mr. Hayes BE jumped quickly to his
feet and exclaimed II refuse to give you
the names of my witnesses.
Judge Ball-"There is nothing unusual
In the request. and no hardship can come
Of IT,"
Mr. Hayes Witnesses for the defence
will please stay In the room
Judge Ball, calmly, y,-"All the witnesses
on both sides will please withdraw to
another room.
City Solicitor The witnesses for
the defence have not withdrawn"
Judge BAll--"Any person who remains
In the court room win not be heard as a
witness"
Mr.. Hayes-"Then ask leave with
my colleague TO withdraw from the
case
Judge Ball--"Leave is granted"
Both Mr. Elliott and Mr.. Mitchell now
saw that Mr.. Hayes had displayed more
courage than discretion and = consultA-
tion was hastily held. When concluded
Mr.. Hayes said 1--WE agree to remain +"
Mr.. Elliott-"We objected because we
did not see by what authority the order
was made
Judge Ball-"Yon ought to know that
the court has full discretion to exclude
everybody from the room II II thinks tit
The case was then continued,
James r O. Gorrell testified that he
went to vote at the Sixth pricinct Of the
Fifth ward in the afternoon OF election
day. A line of oters Was then formed
and he could not reach the polls. He
went away and returned again when
there was no line. He approached the
window near TO which Edmund Mitchell,
Jr., stood he offered TO hand in his
ballot and tax receipt over Mr.. Mitchelrs
should r The latter turned around
caught him by the lspels Of the coat aud
pushed him roughly to one side, uttering
abuse Rs he did so
Joseph L. Carpenter, Jr, testified that
when Mr., Gorrell came to the window
there was no line Of voters there The
-o.es % some colored men had been re.
fused long before that and they were
lounging around the window. Some OF
them were held there by Mr. Mitchell
Edmund Mitchell. Jr, was not a resident
Of the Sixth district.
In cr9ss examination he denied that
there was more than three men In line
during the time he was inspector there
Frank d. Carpenter testified that he
would call Mitchell's assault on Gorrell
decidedly a blow There was not a
qualified voter in line at the time
One OF them had been refused three
times
Mr. Hayes, to the witness--"Did you
have any discussion with Mr. Mitchell
about the election that dayf
The witness Only about four hours
Of II.
william H. Lee testified that when
Mr. Gcrrell attempted TO vote Mitchell
took him roughly by the coat aud pulled
him around
Edward F. Kane did not see Mr..
Gorrell offer to vote but he saw Captain
Mitchell put his hands against Mr.
Gorrell and push him away This
finished the testimony on the part OF the
state
The defence opened It's case by pro
ducing Charles H Groves, who resides
at No SO6 West Ninth street. who
testified shat when Mr. aorrell came 70
vote several men were In line. and, as he
attempted to put in his tax receipt
Captain Mitchell squared around aud
said, "Mr Gorrell, YOU cannot vote until
you get in line On cross examination.
he said the nature OF the line was two
abreast at the window, but the column
increased to FIVE or SIX In depth at the
steps.
''Aud that is your Idea Of liner" re-
torted the city solicitor. Mr.. Hayes
then tried 80 show that II was "a
crooked line" that was there then. The
witness would not say whether, at the
time, anyone was attempting to vote
or not. He swOre positively
that Captain Mitchell did not take Mr.
Gorrell by the lapel of.the coat and throw
| him away.
Franklin B Cotton testified that Cap
tain Mitchell pushed Gorrell back with
his arm. There we're three or four men
in line aud discussion was going on as
to their right to vote The witness ad
mitted that he approached Mr.. dorrel
and said: II have been watching yOy
all day. You came here TO make 4
martyr Of yourself, ami II you do not b
careful you will be made a martyr OF
he used these words to Mr.. Gorrell, h,
said, because he saw him in conversation
with the Carpenters and Messrs Turne
and Lee.
John j. Mahoney was examined, bu
his testimony was so rambling and in
definite as 10 be Of little value. Josepl
K. Martin. the Republican challenger =
the polls that day, testified that theri
WAS line OF voters there during tn
whole Of the afternoon. He did not se,
the alleged assault
This concluded the testimony. Tn
CITY solicitor said there evidently wa
some conflict Of the testimony on th
the parts OF the witnesses.
Mr. 0orrell went there in peaceabl,
quiet aud orderly manner, and accordin
to the testimony OF witnesses for the de
fence, Captain Mitchell pushed him Sac
and said; Stand back, you will have
get into line" !" What right. exclsime
Mr. Lyman, "had Captain Mitchell there
1t was not the precinct where he hs
. right to vote and the people who wei
sasting their votes at that election h'
! not asked him to go there. VIII
Z right would any man have to say to yol
. honor II you approached the polls to ca
r your vote, stand back you must get in
; line" He pointed out the discrepanci
: In the testimony of witnesses for d
defence and showed the consistency
that of the witnesses fog the stat
The insult and hurt TO mans feelin
!, OF the character of Mr.. Gorrell was
| 0raat "a II Captain Mitchell had am ash