Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-10-05

The Charge OF Assault Called in the Police
Court.


Court.
Mr.. FowLER's ACCOUNT OF THE OCCURRENCE on
q. A. R. PARADE WHICH HAS CAUSED MUCH DIS
CUssIoN.
The trial Of Lieut. Amiss for an alleged as
FAULT on W. ". Fowler during the G. A. Il. pa
rade was set for l o'clock today in the Police
Court and the front of the court was crowded
with the interested parties
The work of completing the three months
panel of twenty-six had not been completed
when court commenced, but the last man was
speedily obtained in the person of Mr.. Henry
stello. Some excuses were offered from the
men already accepted, but Judge Miller ex-
pressed his firm conviction that things had
accepted.
The jury for the day then entered the box, as
follows: Philip NJ. O'Bren. VIM. File, John f.
Maggaman. Jos. c. Williams, G. C. Bennett,
Henry Cromwell, Henry Hall. John F. Javins,
Lemuel ]. Denham, John H. Busher. Enoch
Beard and Frank Puglizi. Mr.. Busher was
made foreman.
novel spectacle of a prominent and well-known
police officer being tried instead of acting az
prosecutor presented. Mr.. Harry Davis and
JOS: Shillington appeared for Lieut.. Amiss.
while the prosecution was looked after by Mr..
Clagett and Mr.. Mullowney. The defense ex-
cused Mr.. Javins and W. F. Spransey took his
place.
MIR. MULLowNEY's STATEMENT OF THE CASE.
MIR. Mullowney opened the case for the prose-
cution, reciting the story already told from
MIR. Fowler's standpoint. According to Mr..
Mullowney Mr.. Fowler was near the treasury
watching the parade. The rope was down
which earlier in the day had kept the crowd
back. Hundreds of people had pressed
out over the curbstone. Mr.. Fow-
Ter I;ou. was not in the front rank ,aL
by the threat. Mr.: Fowler had nothing to do
with the matter. but Lieut.. Amiss struck him
in the mouth with his club The lieutenant
then went back. not arresting Mr.. Fowler, but
afterward .3when cries of ''Shame. Shame.'
arose. Lieut.. Amiss ordered an officer to arrest
him.
He was taken to the station and to the hos
pital. where stitches were taken in the lip. He
was then put in cell and kept for three hours
in company with three drunken men. He was
released afterward on leaving collateral. Mr..
Mullowney paid n tribute to Lieut.. Amiss
rs officer. but held that in this
justitable offense had been committed.
MR.. FowLER's EVIDENCE.
appeared wi h plaster on his lip. He
testified to being near the chiidren's
stand at 18th street and Pennsylvania avenue
during the G. A. r. parade. The crowd was
perfectly orderly when Lieut.. Arniss came up.
He heard him ray. Get back. Get back a
blow followed and he vas in dazed condition.
lie rememberedhttleo of what happened for some
time. He was taken 10 the hospital and seven
stitches taken III his lip. The crowd wa6 making
every effort 20 move back.
Did not notice the lieutenant take hold of
any body else: was carried to the station III the
patrol. Al the station he was searched and put
in a cell.
The defense objected to testimony in regard
to what happened at the station. holding II had
no hing TO do with the question OF assault The
court suSt stained the objection.
The witness then testified that he was finally
released b. leaving IS collateral
CRoss-ExAMISED.
The witness was cross-examined by Mr. Davis.
He had LEFT the store (SinS.eton's) at about
1880. Further questions followed "a TO the route
which witness bad taken in getting to 18th
and Pennsylvania avenue. lie was with two
friends. The witness had no remembrance of
going into any place. lie had not been drink
ing. Had taken one glass OF beer. which he
had taken on street. Mr.. Davis continued
his cross-examination and developed the fact
that the witness had taken in the E street place
two drinks instead OF one. glass of beer and
glass of whisky. The witness thought the pro-
cession had commenced to form when
the blow struck. Could not
remember how long it had been passing. Was
not in the habit of drinking. Did 20 OCCASION
ally. Mr.. Davis tried to bring ont the fact that
portion Of the rope was down for the con-
venience of ambulances going to the hos
pital. He had heard Lieut.. Amiss cry
out Get back" and the next thing knew
Y
Der hearing Lieut.. Amiss tell the crowd in the
rear to get back Did not Lieut.. Amiss
strike the blow. Witness thought he was
about five feet from the curb.
In answer to a question witness testified 81
could not say that Lieut.. Amiss deliberately
know why the witness had not sworn
out warrant for Lieut.. Amiss
himself The question was followed by
asking if he had not neglected to do
so because he thought the affair
accident. Witness denied telling Officer
Sprinkel that il vas accident. or he
qualified the statement By adding that if he
lad he was out OF his head Witness did not
remember what charge was made at the station.
He remembered Sergt. Shilling calling
him. because n communication had appeared
stating that Sergeant Shilling was the officer
who had committed the assault. Mr. Davis re-
marked that this only one Of the mis-
statements which the papers had made
Mr.. Fowler testified that he had been ad-
vised to have Mr.. Mitche.nore swear out he
warrant. Mr. Davis asked witness whether be
contemplating civil suit against Lieut..
Amiss. Witness laid he had not decided.
His attorney had advised that it would be better
to have Mr.. Mitchelmore swear our the warrant.
QUESTIONED BY THE JUDGE
Judge Miller asked some questions to find the
situation of the witness at the time of the al
legged assault. The crowd was surging forward.
The crowd reached probably within four feet of
the marching men. In answer to Mr.. Davis
the witness testified that he could not swear
fhat IL iai1t AraisI strick tho hlasv