The Washington times., 1894-10-20
DALEY RAISED HIS CLUB
LAWYER O'Neill's Insult Mas More Than
the Sergeant Could Stand.
JOHN SHEA AGAIN CONVICTED
Exciting Scene in the Court During the Trial
Witnesses and Counsel Were Belligerent
Judge Miller Declares That Such Scenes
Are of Too Frequent Occurrence.

"Thats deliberate lie on its face!'' an
grily exclaimed Lawyer Eugene o'Neill.
addressing his words to Sergt Daley, who
was testifying in the Shea unlicensed bar
case in the police court yesterday afternoon.
The insult provoked the sergeant to such an
extent that instinctively he raised the club he
carried in his hand and for a moment it
looked as if he intended to use it. The court,
however, intervened and prevented further
hosulities. Shea's counsel excitedly demanded
that he reprimand the sergeant, but the court
refused on the ground that Daley IS human
and had been insulted. and because o'Neill
has upon other occasions similarly provoked
officers Of the law.
When Shea's case was called before
Judge Miller, the first witness to take the
stand was Sergt. Daley, who had headed the
raid on the defendants place. The sergeant
at once entered upon an explanation of the
| reasons why witness, Annie Johnson, for
1 the prosecution, had not been called. He
said her real name is Annie Smith. He had
a warrant summoning her under the former
name, but upon learning that she had as
sumed it when previously sent TO the work
house, he afterward read the warrant as call
/ ing for Annie Smith.
Lawyer O'Neln, one of Shea's counsel, at
this point jumped up and approaching sergt.
Daley, excitedly exclaimed:
That's deliberate lie on its face"
This was more than the sergeant could
stand, and raising his club and growing red
with rage he returned the insult with:
Don't you call me liar"
just then the court stepped in. The bailih
odd sill htFF
we'll under a wordy sail, and before quiet
| could be restored O'Neill said:
Don't you attempt TO int1midate me in
| that manner. You have threatened me with
your club and tried to intimidate me, and
| call upon the court to prosecute YOU"
With few words Judge Miller restored
| order. He reminded the belligerents Of the re-
spect which the witnesses and counsellors
| should show for the court. He said that
| the practice Of calling witnesses epithets had
| been too prevalent in the recent trials and
that such conduct availed nothing and must
| be discontinued. AT the same tins, he said
| If any police officer on any occasion should
raise his stick or intimidate any counsel he
would be summarily dealt with. In this case
| the witness had been called down by defense
] day after day, and 1t was not TO be Won
| dered at that human nature asserted itself.
Col. Christy, senior counsel for Shea, here
/ put in his oar. He said that when a police
/ d j
! once placed him in a position subject TO the
most rigid reprimand and conviction. This
case was a reflection upon the integrity Of the
| court, and the uniform of the guilty sergeant
should be stripped from him, as it had been
placed in disgrace.
DALEY's ACTION EXCUsABLE.
Lawyer o'Neil pressed his complaint, but
the court maintained that the officer was in
the right and excusable on account Of the fire.
queney Of such attacks on witnesses. 1t ap-
pears, he said, that particularly in the case OF
| O'Neill have such aggressions been made
| O'Neill has time and time again challenged
| the truth Of statements made by policemen
| when on the witness stand, and it is alleged
| that he has been involved il difficulties with
| policemen because of abusing them when pre-
| senting their testimony.
| On proceeding with the case several import
ant witnesses were called for the defense. Dr.
/ George W. Woolrich. a druggist OF South
| Washington, and John A. Perkins denied that
persons were able 10 see into Shea's place
from across the street. Policemen Troetter
| and Bowles testif ed to the position ofdefend-
| ants place. supporting the evidence given
yesterday by witnesses for the prosecution TO
| the effect that Mrs. Shea could be seen from a
| place opposite the store and her every action
| discerned. Testimony was also given for the
/ government by the colored girl, Annie Smith
who said upon the stand that she had been
! employed at one time as a servant in the store
| Of Mr.. Shea. She swore that she had seen
liquor sold and had seen Mercer enter the
place for liquor. As refuting statement Of
one portion Of Shea's testimony she said that
Mercer had and did come into the house on
| several occasions. In concluding the case As
sistant District Attorney Pugh recounted the
| checkered career of the defendant and i'm
pressed upon the jury the fact of the strength
| Of the testimony given by his principal wit
/ ness, Mercer The attorneys for the defense
in closing their arguments, attacked the
| character and statements made by Mercer on
the witness stand, holding that prosecution
was being based upon the past character of
| the accused.
The jury afterward returned a verdict of
| guilty. A motion was filed by the attorneys
for defense for an arrest of judgment and new
trial. the convicted man being held in 81, 500
| bonds.