The record-union., 1894-03-17
CONFLICTING TESTIMONY.
John Touhey and Eli Mayo On Trial
for Battery.
Testimony Causes Much Hilarity in
the Police Court-Both Defend
ants Discharged.

The charge of battery against John
Touhey and Eli Mayo was heard in the
Police Court yesterday.
John Meyers. the complaining wit
ness, swore that young Touhey hooked a
cane around his (MeyersD neck. He
took it away from Touhey and threw 1t
in the water. Touhey then struck him
on the head with a brick, cutting him
badly. Mayo told the boy to hit the
Dutch - with a brick. Some
other man came up and also struck wit
ness on the shoulder with brick.
Witness talks very broken English-in
fact, he breaks it all to pieces-and his
cross-examination by Mayo aroused
much laughter from the spectators, both
parties becoming much excited:
Mrs. Meyers testified that her husband
went after beer, and when he came back
she heard a disturbance at the door.
Touhey put the cane around Meyers
neck, and after Meyers threw it away she
called to her husband TO come in, and he
did so. She corroborated her husbands
testimony-Mayo makes all this trouble.
Witness and Mayo had tilt while she
was on the stand, she accusing him OF
pestering her continually for the rent,
asking Tor ten cents or two bits at a time.
Ii was so lively that the spectators became
uproarious, and it was difficult TO pre-
serve order.
Mrs. O'Neill corroborated the testimony
os Meyers fully. She saw Mayo hand the
cane to the boy, and tell him to hit the
Dutch ---
Mrs. Chadwick testified for the defense
that Meyers acted like wild man when
Mayo asked him for the rent. and
i i'm
badly. A man came up and knocked
Meyers down. Witness showed that she
had no love for Meyers, saying that he
had made the neighborhood hell since
he came there.
George Dunning said that he was a
short distance off, and saw young Iouhey
getting up out of the mud. Meyers came
out of the house and struck the boy over
the head with baby wagon and knocked
him down, He abused the boy shame
fully while he was down, and witness in
terfered and knocked Meyers down. II
he had not done so he believed Meyers
would have killed the boy.
Mrs. Brown heard Mayo call Touhey to
listen and bear witness TO what Meyers
said. and when Meyers made motion to
attack Mayo, the latter asked Touhey to
take his cane and protect him. She knew
Touhey was not responsible for what he
did, and went TO get some one TO take him
away. He is subject to fits.
Mayo testified that he never used
any bad language in his life, and
was perfectly lamb-like during the whole
proceeding.
Mrs. McMahon," said Clerk Des-
mond. you solemnly swear"
''Oi'm to tell the truth an nothin' else" !"
interrupted the next witness, Mrs. Nc
Mahon. THAT'S fwhat Oh KEN for, am
nobody fetched me, naytherl OFn tell
''Wait a minute, Mrs. McMahon," said
the court Just answer what questions
are put to you and only say"
That's jist fwhat Opm afther doin'
year amer! Oi proposes to tell the truth
an nothin' else. OF knows this much
about it"
Wait till | ask her some questions,
your honor" said Mayo. shell be all
right"
For the Lords sake, don't you say
word to her, Mayo, said the court. Let
Mr.. Bruner talk"
Mrs. McMahon knew very little about
the affair.
The court said it was clear that the boy
was not to blame in the matter and was
more sinned against than SHINING, and he
should dismiss the charge against him.
1t was evident that Mayo was the cause
of the whole distur bance, but unfortu-
nately the wrong charge had been pre-
ferred against him. AS he had not struck
Meyers he could not be held for battery;
he was discharged.