Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-05-16

Joseph Beckwell Fined One Hundred Dollars
and Costs by Judge Miller.
Joseph Rockwell, painter from Rock
vile, was tried in the Police Court for
an assault on william ]. Drury, a Bal
timore and Ohio brakeman. The assault was
committed on the FOWL train on the Metro
politan branch on the evening of the 9Th Of
this month.
Mr.. Drury testified to the trouble that oc-
CURED in the station before the train started
Beckwell he said, was about half drunk and
very quarrelsome. On the way out on the Me-
tropolitan branch Beckwen continued to guy
him and make disturbance. He leaned over
the seat and told Beckwell he must keep quiet,
whereupon the latter rose and struck him upon
the head with q heavy bottle. He was knocked
senseiess and has not been well since. +. II.
Merryman, the baggage master of the train,
and ID. c. Owens, the mail clerk, who is also q
physician, gave evidence similar to that of the
man who was struck.
TESTIMONY FOR THE DEFENSE.
The defense introduced number of witnesses
to show that the assault was made by the
brakeman and not by the defendant and that
the beer bottle was used as q weapon of de-
Tense and not of offense. -..--.
Beckwel was sworn and said that he lives in
Montgomery county and is a painter by trade.
He said Gardner had no ticket and wanted TO
pay his way on the train, as he did not have
time to buy ticket. Witness asked the brake
man If a man could not pay his fare and then
get drawback.
1--WE don't want no drawbacks to pay" said
well, it seems to me there are good many
drawbacks on this road, was the answer Beck we'll
made, and that seemed to make Drury mad and
the trouble began. The railroad men began the
and Of ha, xl.a h<>%s 10 4h,-a 80
them piled onto him. and then took him on to
Rockville and had him put under arrest. He
received black eye, wound on the shin and
several other injuries. The warrant was sworn
out in Rockville, but he came here voluntarily
to answer the charge when it Was found that
the trouble had occurred in the District.
Questioned by Mr.. Mullowney he said he had
never given any trouble on the road, and had
never knocked down one 5oles, gatekeeper at
the Baltimore and Ohio station.
The prosecution then called witnesses to
prove the condition and conduct of tho defend
ant in the depot before he got ON the train and
counsel for the defendant also called additional
witnesses.
This concluded the testimony. Lawyers
Shiilington and kilgore spoke at length upon
the facts from their standpoint and Mr..
Alullowney made forcible argument in his
claim for a conviction.
Judge Miller charged the jury that the brake
man was an officer OF the train and as such he
was bound to preserve order and if in the per-
Torrance of his duty he was dealt ~ blow, such
as this brakeman received and the blow was
inflicted unnecessarily, he was guilty of assault
The jury took the case and after few min
utes' elaboration verdict Of guilty was rem
dered
JUDGE MILLERs REMARKS.
Judge Miller asked the defendant if he had
anything to say why sentence should not be
passed and Mr.. Shillington stated that his client
was a man of family; that he was hard
working man and did not belong to the crimi-
nal class.
The court then begun by remurking that
while he did not belong to the criminal class
his conduct was such was calculated to make
criminals.
''The time has come" said the Judge, ''when
passengers on trains cannot be subjected to
such outrageous conduct. They are entitled to
a quiet ride and such assaults on trains are not
to be tolerated. In such cases the penalty is
usually q Jail sentence and the court is not sure
but that such a sentence should be imposed in
this case. Where man is an idler and won't
work he generally finds some one who will pay
his fine and then the punishment is not sufi-
cient, but in this case the defendant seems to
be a working man and has family. Imprison-
ment for him might work hardship on his
family and it is for that reason alone that the
court does not impose Jail sentence" A fine Of
800 and costs was imposed.