Evening journal., 1891-11-18

Bepiamin J Downing testified that he |
was the frst one in the house. He found |
her on the lounge Her pulse was beat |
iDg. but ii ceased before the physician |
arrived. He did not think the boy placed |
her there. Cooling must have placed her
there before he went for the doctor
mustard bottle was on the table, but he
could not say that it was the one In
court.
The ID ow Did Not KIN.
Coroner's Physician joseph r Smith,
who held Ethe post-mortsm, testified as
follows.
Il was summoned. l got there that
night little after IL o'clock found
her lying on the lounge. Saw no marks
whatever on her person. Examined
her carefully. Turned her over
to examine the back Of her head
and neck. Found her neck broken
near base Of the skull. Held post
mortem, next day in company with Dr.
John o. Fabey. The post mortem ais
blow killed her, Her death was, in our
oniniop. the result of the fall. There
was no bruise or cut and | think she
must have been struck on the hack Of
the head where the hair was thick
Mr. Bird addressed the court briefly In
behalf Of the prisoner, and he was re.
msnded, pending sentence
The Fifth Ward Cases.
The election cases were next called up.
The.first case called was that Of the state
VS.. Edmund Mitchell, Thomas Brown,
David Jefferson, Henry Johnson and
James Sipple, charged with breach Of the
peace aud personal violence at the last
city election This case was carried over
| from the September term, The state
was represented by Peter L. Cooper, Jr
/ the defendants by George A. Elliott.
The following jury was drawn ALFRED
Brown, Thomas /. Bird, hoseby McMul-
| lin. F. b. King, Thomas Reardon,
Michael Mullin. Hugh Smith, Howard
A. Poole. Charles shipely, Daniel Mul-
| lin, William A. Alfrey and William A.
Money.
In opening for the state Mr.. Cooper
| detailed the circumstances of the out
rageous assault made upon Frank d.
| Carpenter, the inspector and his father,
| Joseph L. Carpenter, Jr., at the Fifth
/ ward voting place st No. 1923 West
| Eighth street. he said he would prove
obstruction and violence on the part Of
the defendants, on the day named,
June 6.
4 inspector carpenter Gnlled.
Inspector Frank d. Carpenter OF the
| Sixth district of the Fifth ward took the
stand. The examination was conducted
by Deputy Attorney General Davis He
said
~ was the inspector. saw the de-
tendants there It was city eleetion
The trouble began when man nemed
Thomas Brown came up to vote
His tax receipt was challenged, and
his vote was refused by majority OF the
board He swore that he would vote
and stopped there kept his tax re-
ceipt He had hold Of the ballot box
several times, and then tried to get
through the window. gave him back his
receipt. Captain Edmund Mitchell and he
then blocked.the window and said that
no one should vote He threatened to
kill some one IL he did not get to vote.
He searched for me several times The
voting was stopped for one.half TO
three quarters Of an hour at that time
Then a man named James Sipple came
up to vote. His vote was refused. The
same scene was enacted at this time
Then q man named Henry Johnson came
up and his vote WAS refused This com
binstion lasted until we were cleaned
out
4 DANlQ J9UofsOu WIS blo lehutI OF InE
mob that charged into the room He
grasped a chair, the one in which | had
been sitting. / went out the front win
, dow. Long after feared for my life.
The polls were closed by about o'clock
J Many were deprived OF an opportunity
to vote These FIVE were most active in
causing the trouble. made every effort
to quiet the disturbance. The police re-
fused to make any arrests or clear the
window at my command.
When Mr.. Elliott began the cross
examination, Mr.. Carpenter stated that
Q the men got into the room by means Of
+ a back window He then wanted tc
q know the reason why the votes were re-
fused
. To this Deputy Attorney General Davis
/ objected
J. Judge Cullen upheld the objection he
said that it was the right OF the Office rs
of election to decide and therefore the
& why's and wherefores were not pertinent
a to'the case.
The chief justice said that the question
s to be decided was whether or not ths
4 men obstructed the elections.
r Mr. Elliott-t'Was not the whole
/ trouble caused by the taking of Browni
n tax receipt"
1 NO. ne ulhut INC tuIthlS hlbbI lui
e receipt had been returned to him. l will
8 not swear that did not put Browns re
+ ceipt in my pocket. do not think did
' Sipple held The window for some time
q and was kept there by Mitchell"
. How many men rushed into the room2
I Zone dozen to half dozen is lov
7 estimate
' "Row did you get out2
II think that Mr.. Mitchell kindly as
|, sisted me to step out from the window t
a the porch.
/. There were no threats made in th
i rOom2'
Z mo, only by action
p "Who was deprived of his voter"
d "There were lots Of them. Mr.. GorreI
= fer one; Mr.. Mullin for smother. MI
!. Gorrell was assaulted.
"Did you receive personal injury3"
s mo"
He Was Forced 20 Run.
4 Joseph L. Carpenter, Jr.. father of tb
il inspestor, was the next witness called b
q the state. He corroborated his son
, statement, and stated that he was demo
/ cratic challenger. He said:
AZ Before the polls opened Brown toll
!, me that he would vote or somebody woulC
y be killed. He was one of the first t
= come to ithe window. l challenged tn
vote and it was refused It did not i'm
pede the election much until Mitchell
arrived. Then he took control TIL
m first rush was made through the sid