The times. [volume] (Richmond, Va.) 1890-1903, 1891-06-09
NELSON'S CASE ON APPEAL
Nsssrs Royal and Christian Contradict
Mr.. Friedrich.
NO PAY If THE BRIDGE IS NOT GUARDED
That f. tho Testimony OF Mr.. kappes-Ar-
gued, But Resulted In n HING Jury
Nine of Them for Acquittal.

| The case of Frank kelS0n. cnareeu WIN
assaulting F. T.. Friedhof, was tried at the
county courthouse yesterday.
Kelson is one of the new workmen ana
Friedhoff is one Of the strikers. The alleged
assault occurred last Friday week ago on
the bridge at the foot of Seventh street, ana
Yesterdays trial is the result of an appeal
from the decision Of Justices Jonathan ana
Harris. by which Kelson was fined $40 ana
costs for unlawful assault. The two men
| Who were with Keson at the time were ar
rested charged with aiding and abettn9
| him. but were discharged at the original
| hearing. -
The Commonwealth was represented by
| Commonwealth Attorney George W. Thomas
and Jndee Edmund Waddill and the accused
| by Messrs. William l.. Royal ana HUI carter.
FR1EDHoFF's TESTIMONY.
f. Fiedhoh was sworn and testified as
| follows: IL,
last Friday morning a week ago; was squat
ting down upon the bridge with Afr. Tomiin-
| SON he being dressed in citizens clothes
| There were two policemen on the other slde
of the bridge. Mr.. Tomlnson and were IN
| conversation together when this man (polnt-
| ing at the accused) came up behind me ana
said: 4 will smash your = snout IL !
| He had ono hand in his pocket ana
one hand raised up in this way raising his
| hand above his head | said, What do you
mean" and about this time the two police
started over that way and Mr.. Iominson
started over the bri dge, when said, what
do you meanT the other two men who were
with the accused said Break his neck
They then continued on and we renamed
where we were. / then went and had them
arrested-the other two because they made
threatening remarks.
DID NOT CONFLICT.
Messrs. Jones, Kappes. Frank and Crone
| gave testimony which did not conflict very
materially with that given by Friedrich. the
exceptions being that Kappes testified that he
received a certain amount from the strikers
but stated that if ne failed 10 90 to the bridge
and 10 the union he would not get his pay,
while Crone. another of the watchers on the
| bridge, testified that though not member OF
| the union and not a striker he had often
money from the strikers on several occasions
Sergeant Tomilson's testimony only differed
from Fredhoff's in that the Sergeant did not
hear the accused swear, and could give no
evidence 10 what occurred after the first meet
ing, he having turned and walked away at the
first indications of unpleasantness, the affair
being in the county and he having no orders
TO make arrests out of the city limits.
Policeman Baker testified that he saw the
accused cross the bridge in a very excitable
manner, and stop and ''jabber" away at Fried
| hof.
THE MANNER OF PAYING.
George Saunders testified in regard to the
| manner Of paying the strikers. and during
examination it was brought out that ne
| had struck one of the new men IN personal
difficulty, but Judge Minor ruled further com
ment on that fact out of order as being Tor
eign TO the case.
At this point Mr.. William Il. Royal and Mr..
| F. w. Christian withdrew from the case IN or
der to testify that the witnesses for the Com
monwealth had given very different evidence
| before the Magistrates Court, and said that II
did not agree in very many important
points with their previous statements.
NELSON'S TESTIMONY.
The accused testified in his own behalf as
| follows:
| Thursday morning Friedrich insulted me as
passed, making remark about my nose.
| Thursday night some one else insulted me.
and Friday morning as ] was going TO work
| about 716 | no sooner stepped on the bridge
| than | saw the same man who insulted me
Thursday morning. He was stopping down
playing some dice. Just as | was passing he
| looked me in the face and said For --
sake get on to the nosen | was thinking Of
Thursday morning, and was wondering
whether it would be well to give
him a little lesson there and then.
| but stepped off a few steps. | then
said few words but could not swear as 70
what they were. / lifted my hand, but had
no intention 10 hit him. Friedrich followed
me eight or ten feet, saying Hit me, hit me- q"
When / turned around and merely said: Il
will see you tonight" That was all that
took place. had no idea of being arrested,
for had done nothing 70 be arrested for.
ABOUT THE SAME.
Messrs. Mitchell and Dixon, who We're with
| Keson. substantially gave the same testi-
mony, with the addition of the fact that they
both stated that they urged Kelson TO strike
the man.
After arguing the case at length 1t was
| Given to tie Jury. No decision was arrived
| at the result being a hung jury, three for
conviction and nine for acquittal. The case
| continued until to-day.
Mr.. ROYALS STATEMENT.
| Mr. Royal made the following statement to
| TINES man last evening:
A week ago. when this case was tried before
the negro magistrates, Friedrich testified very
defantly that he would stop anybody on the
street be chose and ask any question he might
wish.
told him if he stopped me to ask me such
questions as he chose / would make him re-
greet it, II became necessary in my testimony
to-day for me 10 repeat this incident
About G:45 this afternoon, while the jury
were out, went on Main street TO get State.
While standing alone suddenly become con-
scious that / was surrounded by half dozen
or more roughs, and Friedrich stepped up TO
me and said: You said that if / spoke 10 you