The times. [volume] (Richmond, Va.) 1890-1903, 1894-05-06


well-established rules OF evidence, OBJ
lection Is made to my asking these ques-
tons II is the sworn duty and right
of the Court to know the facts and truth
in the case TO properly instruct the jury
and protect the evidence.
Mr.. Pence: OF course, your Honor,
| would not impute TO you an intention TO
| aid the prosecution In this case, but the
| fact is. you do aid IT, II Is the fact TO
| which I object"
Judge Miller: I'm these questions l am
endeavoring to bring out the truth II 1t
helps you any you are entitled to the
| benefit OF It,"
Here the colloduy. which was quite
| animated, ended.
| Tho banner on the four-foot oak stick,
| which the witness took from Browne, was
| placed In evidence.
OFFICER LAWS cRoss-ExAMJSKD.
| Representative Pence conducted the
| cross-examination of Policeman Laws. In
| the course of II witness said he saw pos
| sibly a thousand people tramplng on the
| grass in the Capitol grounds that day.
Mr. Pence: did you arrest any Of
| them?"
| mo"
What, not for trampling on the grass?
| great laughter) Why not?'
IL had other things TO attend TO-"
"They were violating the laws OF your
| country"
They might have been. but they were
| not disorderly."
Again the witness admitted that he
| saw a number Of mounted policemen
ride their horses over the grass that day.
and did not arrest them, although he
knew 1t was against the law. He denied
having made the complaint in this case
AS TO Coxey the witness said he did
not arrest him: he did not see him COM
NIT any act which he thought warranted
arrest.
| No ONE STRUCK BROWNE.
| On further cross-examinauon by Mr..
| Hyman, officer Laws said that when
he first saw Browne with the oahher
there was a small American flag on the
stick. but it had disappeared before 1t
came into his possession. He did not see
Browne assault any one. Witness TOOK
the stick away from Browne because ne
was carrying it ~ banner Al the
| time of the arrest some or the oihceIs
might have had their clubs upraised
| witness did not have his), but no one
| struck Browne.
Before the witness was excused bls-
trict Attorney Birney presented a sman
n1att of the Capitol grounds as now laid
out and improved, from which the oiilcer
might be able to show to the satisfac-
ton of the defence the point at whlch
| the defendants, Browne and CoXey'
, | Jumped the fence into the grounds
Before this was permitted, however,
, ! the plan was identified by Architect
. | Clark, who testified that the grounds
, | marked were under his care.
: Officer Laws again took the stand and
pointed out on the plan the place as
| nearly as he could determine, where
!. Browne and Coxey jumped the wall from
: the street into the grounds.
= OTHER oFHIoERs TESTIFY.
s officer Aldrich followed. He was on
E duty NAV LIST at the Capitol grounds,
h and identified Browne and Jones as two
= of the men he had seen there. Jones car
!, | rted a stock and banner which witness
z | took away from him. At the time, VII
ness said. Jones was under arrest crying
T out in an excited manner that IL was
: ! an outrage that an American citzen -
l. Jones returned to the charge second
| time. and Aldrich and Onlcer fldlhef
l. placed him under arrest.
Officer Murphy, who arrested Browne,
was the next witness. and briefly detailed
the facts Of the arrest. The cross-eNalhi'
~ nation Of this witness was conducted Dy
)f Representative Hudson. 1t brought out no
" new facts, except that witness bad made
Is an affidavit for warrant for the arres'
Ie Of Coxey although he did not see MN OF
d | that day This was done at the direction
of Assistant Attorney Mullowney
= Sergeant John Kenny was next examiner
p | Mr.. Kenny was on duty for several years
n | at the White House in the first Cleveland
e | and Harrison administrations, ana pre-
| yious 10 that had been a member OF one
4 | NJ the Jeannette Arctic relief expeditions
It Witness said that neither Browne CoXey
d | nor Jones said or di1 anything In Ms
II | view or hearing that tended 10 produce
o | trouble. He heard no one save an officer
i under him TO whom he spoke, ana several
members of the Coxey army, talk OF
e | trouble. He had told the men under Jones
e | command TO stand fast outside the Cap
itoI grounds, because If they did not he
t | warned them they might get into troupe
= lieutenant Kelly, of the metropolitan
= police, who, in connection with taptaii
| Garden. of the Capitol police force. pre-
vented Coxey from making his speech OF
, the Capitol steps, was examined ant
S | there the prosecution rested.
n MOTIONS TO DISMISS DENIED.
. | REPRESENTATIVE Pence. for the defence
!, raised the pctnt that no offence hao Dsei
, | shown by the evidence.
After a reply from Assistant Distric
> | Attorney Mullowney, who cOntended una
: | the offence was deliberate and that II mac
!. | been in contemplation for weeks. Mr.
: | Idnsconb asked that the case be taKei
! from the jury on the ground OF variahc'
. ! between allegation and proof, ana MI
4 | Hyman asked the Court TO instruct th'
Jury 10 acquit Jones on the count chare
ing him with stepping on the grass, TO
me reason that no evidence mad peei
introduced to sustain the charge.
To this statement the district attorne'
| agreed Mr. Hyman also asked for Jones
acquittai on the ground that the name
of carving the banner by him. tesune'
10 by the officer who arrested him. al
/, not a carrying" within the meaning
the law. -, !.
; Judge Miller overruled the motion
withdraw the case from the july
Mr Hyman asked the Court 10 requlr'
the prosecution to elect under whlci
l count of the indictment they would asl
: conviction. tbs was also overruled' ali'
. the court adjourned unil Monday morn
ing.
e Coxey Starts Petition.
n WASHINGTON, May 5-Coxey ha
| started a petition among the business me-
= and others OF the city, requesting Con
cress 10 give him permission TO make
!, | Sneacb from the Capitol steps In taVor o