Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-28
CAPITOL ASSAULT CASE.
The Second Chapter Begins in the Police
Court.
Tom Murray ON the stand and Dis
claims Being Mr.. Van Allen
ton.

The second chapter Of the Capitol assault
case was begun in the Police Courl yesterday
afternoon. The case called for trial by Mr..
Mulowney was that of William c. Elan
merry and Martin N. Flannery for the al
legged assault on Daniel ONeill, the men,
Der of the Capitol police force. This is the
affair that happened on the day Of the cor
ner stone celebration. The trouble started
In the House restaurant, but the alleged
assault took place outside the building.
where O'NeilPs head was cut with a cane.
Mr.. Mullowney made a statement OF what
he expected to prove, and then called
Colored waiter in the restaurant named
Lacey. He testified that he waited on the
defendants. furnishing them KENTUCKY
whisky.
Witness told of the trouble with Mr.. Muir
ray. as heretofore described In The Star,
and said that O'Neill appeared upon the
scene. Witness went away. and ne thought
that O'Neill put them under arrest.
When they were refused a drink In the
bar one of them asked for MI murray
Flannery then picked up a vinegar bottle
saying. II guess we'll get Mr.. Murray
now" Witness thought the bottle was
picked up for the purpose of attracting
Mr.. Murray. When the latter came the de-
PENDANTS were standing there. Mr. Murray
struck the young men in the face and ran
Up to that time everything was pleasant
and witness thought the affair was a joke
6AoSSSo
on a table and afterward wanted to pay
for them
John Lee, the coiored man in charge Of
the toilet room. testified that the younger
of the defendants was vomiting and the
brother was holding his head.
Mr. Shillington objected tn this testimony,
for the reason that 1t had connection
whatever with the case on rial.
II want to show the officers justification
for the arrest" said Mr.. Mullowney.
That you cannot do" replied Mr.. Shil-
lington. His conduct in this case is be-
yond justification"
The witness was excused.
He was recalled. however. and question ed
by Mr.. Shillington to show that he was mis-
taken as to the identity of the men. but
witness was positive that he had not made
a mistake.
Mr.. Thos. Murray, the proprietor of the
place. was next sworn, and he testified that
when he went into the ladies' room he in
vited the men into the bar to take q drink
He did this for the purpose of getting them
out of the dining room. Witness described
the affair that followed substantially as
heretofore printed. Witness, In his testi-
mony said that the defendants were full of
animal spirits and liquor and on cross-ex-
animation Mr.. Shillington asked II that was
brand of liquor sold at his bar.
Witness said he thought he was using
some diplomacy in his efforts to get the
defendants out of the ladies' dining room
Did you ever use any diplomacy before?"
Mr.. Shillington asked him.
Yes. Sir, was the answer OF witness.
Il thought that the best way to deal with
persons under the influence of liquor"
Did you ever represent this country as
a diplomat at a foreign port?'
Il might answer that have"
You are not Mr.. Van Alen?'
No. but you look like him.
Witness was cross-examined at length
concerning the affair.
O'Nein Testines.
Capitol Policeman ONein testified that
th1
out they stopped near the door and wanted
to return and see Mr.. Murray Witness
told them they could not return and see
Mr.. Murray. and told them If they did not
go out he would arrest them.
William Fiannery started back and wit
ness took hold Of him. As he did so Flan-
merry struck at him. but his blow did not
take effect. Witness then dealt him a
stunning blow between the eyes and Mar
tin Fiannery struck witness on the head
with his cane. Another officer was called
to assist him. but he refused. Witness
finally got assistance and got the men in
the guard room.
The broken cane used In the case was ex-
hibited.
While in the guard room Martin Flannery
raised the piece Of broken cane in front Of
him and witness dealt him a blow with a
club
At the station Martin Flannery made the
remark: I'm sorry I didn't knock your
d brains out"
Mr.. O'Neill then produced a bloody
shirt" the one he wore on the occasion.
When questioned by the court witness
said there were several members of the
metropolitan police force present, but they
took no part in the affair. as witness
thought they had no authority in the Capt.
toll
Capitol Policeman Rudolph, he said was
the officer who refused to assist him, and
he (Rudolphl made the remark: Let them
fight II out"
Witness then told of the affair in the
language OF the prize ring. and told the
court that he had taken lessons in SPAR
ring
This closed the testimony for the day and
the court adjourned the case until this
afternoon.