The herald., 1893-09-28
THE BURLY SERGEANT.
THE CASE AGAINST JEFFERIES
DISMISSED BY JUDGE AUSTIN.
Mr.. Cyrus Fisk, Editor of the Farmer
and Labor Review. Fails to Sus-
tain Hi Charge-Thc Evil
dence in the Case.

After several postponements the
charge OF battery against Police Ser
geant W. I. Jefferies was heard by JUS
tice Austin Yesterday.
The complaining witness was Mr..
| Cyrus Fisk. the editor of the Farmer
and Labor Review.
The alleged assault grew out Of dis
turbance caused by some friends OF Mr..
Fisk who were arrested three weeks ago
and convicted OF disturbing the peace.
Mr.. Fisk went upon the witness stand
and testified that on the day in question
he was riding his bicycle down Second
street when his attention was drawn to
Sergeant Jefferies, who was in the act of
arresting five men who were employing
their time parading the streets with
| banners.
The witness asked the sergeant what
the charge was against the men and was
told to mind his own business.
The witness followed the crowd to the
police station and was prevented from
entering the door by Sergeant Jsfferies.
He eventually gotinside, but was thrown
out by the sergeant.
Mr.. Fisk then was cross-examined by
G. G. Stevens, the attorney for the de-
fense, who elected from the witness the
fact thst he had entered the station
against the express order of the SER
geant in charge. The complaining wit
ness also acknowledged having told the
sergeant he would give him an opportu-
nifty to arrest him before reaching the
| police station.
Several witnesses testifed to the fact
that no unnecessary force was used to
| eject Mr.. Fisk, and also swore that the
complainant created considerable dis
turbance by his intrusion into the police
station.
The attorney for the prosecution fol-
lowed with an argument, at the conclu-
sion of which Attorney @. G. Stevens
rose for the defense, but before he could
begin Justice Austin stopped him
with the remark that any
| further remarks were unnecessary. He
was convinced that Mr.. Fisk had no
business intruding himself upon the
private business of the Jail, and ought
to have gone when ordered, failing that,
Sergeant Jefferies had aiperfect right to
eject him. There had been no offense
committed and he therefore would dis
miss the case.
Justice Austin's decision was univer-
sally commended by those present, it
being q we'll known fact that the police
station is not q public building in the
sense of the word as being free to all the
curious. 1t is standing rule that no
outsiders are allowed inside when pris-
oners are being booked and searched.
MINOR CASES.
Mrs. Francis Murphy looked decidedly
dishevelled when she appeared in JUS
tice Austin's court yesterday. Her hair
assembled the proverbial ''laEt years
birds nest" and her gown with diff
Guilty kept it's correct position.
Mrs. Murphy Is chronic drunk, and
appears in court on an average once q
week.
Yesterday she sat on the steps at the
| feet OF Justice Austin and swore she
never, never. never would do it again.
Mrs. Murphy, has vowed the same thing
before. and Justice Austin gave her 10
days straight" @N
J. nj. Carter, the tough who broke a
mans jaw in fight at the notorious
| Chicago saloon three weeks ago, ap-
peared for sentence yesterday, and was
ordered to spend the next 70 days in the
company of the chain gang.
Charles Audlum was fined So yester-
day by Justice Austin for battery.
Audlum was charged by Officer Merach
with the offence charged, the victim be-
ing brother of the accused.
John Audlum is a half-witted boy
who, as exclusively reported in the HER
AID, was found by Officer Mersch asleep
on his mothers grave in the Catholic
cemetery.
Mersch resides near the residence oc-
cupied by the Audlum family, and tax
| ing pity on the half-witted boy, rescued
him from his father and brother, who,
Mersch stated, habitually ill-treated him,
and took him to his own house.
The other day the brother, it is al
legged, found John near Mersch's store
and forced him to return home, at the
same time beating the unfortunate
youth. Mersch was informed of the oc-
currence and going to the Audum house
again rescued the boy and took him
away.
The defendant swore that his brother
was treated we'll, and denied the whole
affair, but his manner on the witness
stand, together with the witnesses who
testified to the treatment to which the
boy has been subjected, secured con-
viction.