The record-union., 1893-12-22
SPECIAL OFFICER THOMPSON.
His Trial for Assault With a Deadly
Weapon.
Quite a Tempest Growing Out of the
Row at the Opera-House
on Sunday Night.

to listen to the charge OF assault with
deadly weapon by W. J. Thompson upon
O. Schemminger.
The examination of Thompson came
first. Schemminger took the stand first
and testified that he went to the theater
Sunday night and after the theater he
went up the stair with a friend, when
Thompson said something to his friend
and raised his cane. He said to Thomp-
son he ought not to strike his friend or
something of the sort, and when he
turned away Thompson struck him over
the head with a cane. He put up his
hand to shield his head and was struck
again on the hand and head. He went to
doctor and had MS wounds attended to.
He was going out after the curtain fell on
the last act and the trouble happened at
the head of the stairs.
He stopped at the head of the stairs for
about five minutes after the curtain fell.
No lights were put out before Thompson
struck him. He did not know why
Thompson raised his cane to his friend.
He did not hear either of them say any
thing.
George Newman sWore that when he
and Schemminger were coming out he
heard the latter TO say to Thompson, who
was behind them, not to hit him with
cane, or some other remark. When
Schemminger turned away Thompson
hit him. Thompson said nothing. Wit
ness did not give him any cause for strIk-
ing him that he knew OF. Thompson did
not come to him during the play and tell
him not to disturb the audience. He was
not drunk-had taken a drink or two.
He and Schemminger had stayed after the
curtain fell to speak to a friend.
DIR. Hagan testified that he dressed
Schemmingers head and finger. The
wound was on the side of the head and
had cut through the scalp.
George Francis said he waited until the
crowd got out and joined Newman, who
told him that Thompson was going TO
hit him with his cane. He advised New
man not to have row When Schem-
minger came up and spoke to Thompson
the latter struck him and then pulled
pistol and told him TO go down stairs, and
struck him again.
Hedenied that he told Thompson that he
had tried to get the others to go away and
that they would not He admitted that
he had tried to get them to go down and
that he thought there might be trouble.
Roy Alter said that he saw Schem-
minger standing near the head of the
stairs, and Thompson was telling those
who were there to go down stairs. Schem-
minger turned to go and Thompson
struck him.
Pete McCaffrey testified to the same eff
feet.
J. II. Todd testified for the defense that
he employed Thompson to keep order in
the house. He was in his private office
when the disturbance occurred. The aC-
dience had apparently departed for some
little time before he heard the disturb
I
see that every one was out from upstairs
and to turn out the lights. Mayor Stein
man gave him permission to employ
Thompson as a special officer, and Chief
Rodgers knew that he was acting in that
capacity.
officer Naghel testified that the au-
dience had retired from the theater before
the row commenced. He and officer
Doran were standing on the sidewalk and
saw no one come down, except Schem-
minger and his friends. after the row.
j. a. WoOdsOu testified that he had
known Thompson for about six years,
and had seen him under provocation. lie
considered him quiet, peaceabie man.
Thompson testified that he was en-
ployed to keep order in the gallery at the
Clunie. On Sunday evening Schem-
ninger and Newman were there, and
went out between the acts. They were a
little noisy, and called out to the Judge on
the stage to pass the bottle around. He
went over near them and they stopped.
1t occurred again, and he touched New
man on the shoulder and asked him not
to do so, and he said ''all right"
He and Newman went outside and
spoke about it afterwards, but had no
trouble.
Shortly afterwards two different people
told him that some fellows were laying
for him, and they had heard them say
that they were going to do witness up.
Witness said he guessed not, and went on
about hIs business. When he went
out he found Schemminger and
Newman near the head OF the stairs.
They said that they were going to see
that he did not strike any one with cane
as on the night of the row with Naghel
He asked them not to make any fuss,
but to go down stairs. Schemminger ad-
vanced toward him with his hand in his
pocket. Witness told him to keep back,
but he kept advancing while witness
backed away. He finally struck Schem-
minger IN self-defense. Whey they spoke
OF the Naghel row he supposed they were
trying to get even on him, and had laid
for him. He simply took care of himself.
Schemminger's friends then took him
away.
AS he went down stairs Francis went
down with him, and said: 81 told them
they had better GO down stairs and not
make any trouble, but they wouldn't"
and repeated it over again.
Witness denied drawing his cane on
anybody the previous Wednesday night.
He had spoken TO several persons who
were eating peanuts and disturbing the
audience, but had never raised his cane
Martin Gilbert testified that he was at
the theater Sunday night and heard
Schemminger call out to pass the bottle,
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heard Schemminger say, "We'l fix that
-- kanaka." After the theater was
over he saw Thompson and Schemminger
having some trouble. Schemminger had
his right hand IN his hip pocket and called
Thompson nigger. He was positive
that Thompson did not kick Schemmin-
ger after striking him. He did not know
Thompson.
He thought that Schemminger was the
one that said they would fix the Ka-
naka." He was in the crowd, and bo
thought he recognized his voice.
n. Ford Swore that he heard Schem-
minger, Newman and Francis talking
about someone raising cane, and one of
them said they would fix Thomson.
Francis wanted them to come down stairs
and not have any trouble, but they re-
fused and said they were going to have it
out. and Francis then said he would stay
with them. When Thompson came out
he put out two OF the lights. Schemmin-
ger advanced toward him and he heard
Thompson tell him to keep back. He
kept on advancing and Thompson struck
him. Witness had warned Thompson
that they were laying for him. He did
not see Thompson have any pistol.
Jack English heard Schemminger and
| Newman talking and one of them said
| that he would ''do the black
- up" lie asked Thompson if they
were laying for him, and he said he
guessed not. When Thompson began
putting out the lights Schemminger came
| toward him and Thompson kept retreat
/ ing. Witness had before this taken hold
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