The record-union., 1893-08-14

cdI4eu. lie zorro bOrated the cook s story.
y. J. MauniX. the con ractor. said he
had Known Driscoll for many years. He
hhe" him to be harmless, iuoiiensive
man On crosS-eXainiEation the witness
sala ne had heard plasterers, lathers, car
pehters snd other working people with
whom DriscOll had come in contact all
speak highly of him. Mr.. Mannix said
ne saw Driscoll on the Tuesday follow
ing the day of the trouble, and said he
could scarcely recognize him. Driscoll
was laid up in bed at that time.
george B. Stack testified that he saw
Drlscoli in the latter's room two days
alter the arrest. Driscoll was pretty well
battered. The witness said Driscoll was
a peaceable man. On cross-examination
Stack denied that he had been in con-
sultation with Frank DarouX or Jack
Sullivan about the case. He also de-
clared that Mike Sullivan had not said
anything about succeeding Talbot on the
police force.
William Fawcett, Superintendent of the
City Cemetery, was called but was alb
sent. General Hart remarked sarcastic
ally that the Commissioners had better
go to fawcett, as the latter would not
come to them.
He's taking care of the dead" re-
marked Mayor Steinman.
The prosecution rested now, but re-
served the right to put in DR.. Nichols
testimony later on.
THE DEFENsE's EVIDENCE.
Evidence for the defense was then in
order.
Richard Corsaw took the stand and tes-
titled that he visited Driscoll in the
latter's room and advised him not to
prosecute Talbot. Driscoll said, however,
that his friends wanted him to stay with
the case.
L. c. Herzog testified that he had known
Talbot a long time. He was passing the
corner of Eighth and X streets when
Talbot arrested Driscoll. The two men
were lighting. The witness assisted Tai
bot to handtuff Driscoll, and had his nose
punched by the prisoner for his pains.
lie thought it took ten or fifteen minutes
to handeuff Driseoll. The latter was
lighting all the time and calling Talbot
vile names. The witness considered it
case of lighting drunk" Talbot could
not handle the man alone. The witness
said that one of the handouts locked be-
fore Driscoll was secured, and the witness
said he held Driscoll down while Talbot
got key out and unlocked it.
Ihls caused quite laugh, as Herzog is
little fellow.
WAS Driscoll fighting while you held
hlm DOWN" asked Mayor Steinman.
'Oh. be was trying TO get up all the
time, and he chucked me into the gutter
several times" replied Herzog.
John English, who works at the Clunie
Opera-house, testified that he was in the
alley back of the theater when he heard
police whistle. He ran out to Eighth
and X streets and saw Talbot and
Drlscoll. The latter was handcuffed and
violent. He was lying on the sidewalk,
calling Talbot names and trying to break
his manacles. Talbot was perfectly
sober, cool and not angry.
}. j. Hetfernan was next called. He
ha md
ing near the scene of the struggle, and
thought some one was being robbed.
They ran over and saw DriscOll on the
sidewalk handcutfed. Talbot was stand
ing over him. Driscoll was drunk, vio-
lent and foul-mouthed.
officer Ahern remembered the night
that Talbot brought Driscoll to the City
Prison. Witness was relieving Night
JalIer Burke at the time. He washed
Driscoll and saw Talbot cleaning the
dust Off his clothes. The witness said to
Driscoll, You got little the worst of
it," Driscon replied that ''if he had
been sober he would not have gotten the
worst OF it,"
"The papers have said something about
throwing Driscou into dirty cell. Was
that true?" asked General Hart
well, we put him where we put all
the drunks-in the big cell,'' said Ahern.
Its all the city gives us.''
George Washington Mckeon drove the
mack that Driscou was taken to the police
station in. He testified that Driscoll was
intoxicated, but he could probably take
take care of himself and walk unassisted.
Charles Tomlin, who accompanied Nc
keon on the hack, corroborated George
NaShington's evidence.
Hiram Illden said he was in Trapps
saloon the night Of the trouble. Driscoll
came in there three times aud drank a
glass of beer each time. Driscoll was
somewhat intoxicated, he said, but was
mot extra full"
TALBOT TALKS.
officer Talbot then took the Witness
stand and told his version of the arrest.
tie said he was walking up X street, and
upon reaching Eighth street he noticed a
man asleep on the sidewalk He shook
him up and asked him if he knew what
time OF night it was. Driscoll imme-
dlately became abusive. Talbot told him
he was police officer, but Driscon ONLY
became more violent and struck at the
officer. Then Talbot hit him and thew
had it in rough-and-tumble style for
quite a while. The officer related how
Drlscoll fought against being handcuffed,
1t was so dark that he could not see
whether Driscoll was an old man or q
young man. He declared that he only
defended himself, and he had no desire to
beat Driscoll. He did not know the man
and had nothing against him. The officer
was not sure whether or not he struck
Driscoll with the handouts, but thought
he might have done so.
1t was now quite late in the afternoon
and the commissioners and attorneys
were anxious to take rest so an ad-
lournment was taken until this afternoon