Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-05-06

commit any act which he thought war
ranted arrest.
On further cross-examinafion By Mr..
Lyman Officer LAWS said that when he
first saw Bvwne with tho banner there
was small American flag on the stick.
but II had disappeared before II came
into HIS possession He ala not see
Browne assault any ona Witness took
the stick away from Browne because he
was carrying 1t as a banner. At the time
or the arrest some of tho officers might
have had their clubs appraised (witness
did not have his). but no one struck
Browne.
THE GROUNDS LOCATED.
Before the witness was excused District
Attorney Binney presented small plat
OF tho Capitol grounds as now laid out
and improved, from which. he said. the
officer might be able. to show to the
satisfaction OF the defence the point Mt
which 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.
JONESS ARREST.
Officer Aldrich followed. He was on
duty May 1st at the Capitol grounds. and
identified Browne and Jones as two Of
the men he had seen there. Jones car
ried stock and banner which witness
took away from him. At the time, wit
ness said, Jones was under arrest. cry
ing out in an excited mamie. that at
was an outrage that an American citi-
zon." etc Jones returned TO the charge II
second time, and All,!ch and Officer
Flather placed him under arrest
officer Murphy, who arrested Prownc,
was the next witness and briefly detailed
The facts of the arrest. The c-oss-cxami.
nation OF this witness was conducted by
Representative Hudson. IT brought ont
no new facts. except that witness had
made an affidavit for warrant for the
arrest OF Coxey, although he ala not see
him on that day. This was Done at the
direction of Assistant-AttoIney Mullow-
Dey.
Sergeant John Kenny was next exam
tned. Mr. Kenny was on duty at the
White House for several years in TIE
first Cleveland and the Harrison Admins
tration. and previous 10 that had been n
member of one OF the Jeanette Arctic
relief expeditions Witness said that
neither Browne. Coxey, nor Jones said
or did anything in his view or hearing
that tended TO produce trouble. He
heard no one, save an officer under him,
TO whom he spoke, and several mem
bers OF the sCOxey army. talk OF trou-
BILE. lie had told the men under Joness
command to stand fast outside the Capt.
toll grounds, because If they did not he
hot mil inf
trouble.
Lieutenant Kelly. Of the Metropolitan
police. who. in conjunction with Cap
tain Garden. of the Capitol police force,
prevented Coxey from making his speech
on the Capitol steps, was examined, and
there the prosecution rested
FOR THE DEFENCE.
Representative Pence. for the defence,
raised the point that no offence had been
shown by the evidence.
After a reply from Assistant-District-
Attorney Mullowney. who contended that
the offence was deliberate. and that Ii
had been in contemplation for a week.
Mr. Lipscomb asked that the case be
taken from the jury on the ground OF
variance between allegation and proof
and Mr.. Hyman asked the Court to in
struct the jury 10 acqult Jones on the
count charging him wiz stepping on
the grass, for the reason that no evidence
had been introduced to sustain the charge
To this statement the District Attorney
agreed. Mr. Hyman also asked for
Jones's acquittal on the ground that the
manner Of carrying the banner by him
testified TO by the officer who arrested
him was not carrying within the
meaning of the law
Judge Miller overr1lled the motion TO
withdraw the case from the Jury.
Mr.. Hyman asked the court to reruire
the prosecution 10 elect under which
count of the Indictment they would ask
conviction This was also overruled. and
court adjourned until Monday morning.