The Washington times., 1894-10-24
PERJURY IN POLICE COURT
Judge Miller Excoriates Government
Witnesses and Police Prosecutors.
A CASE TAKEN FROM THE JURY
He Declares 1t Wore Better That South
Washington Should Be Swept Away by
Whisky Than to Use Such Methods and
Instruments to Convict.

There were several lively episodes in Judge
Miller's branch of the police court yesterday
afternoon. The most exciting OF these was
when Ellen Mcdonald was arraigned, charged
with keeping her barroom in South Washing
ton open on Sunday. Police Sergt. Daley,
the raider, appeared as prosecuting witness.
LAWYER Shilington, for the defense, asked
that Sergt Daley's witnesses be separated.
This was ordered by the court. Mr.. Shilling
ton then called attention TO the nature OF the
government witnesses. Il moteiy anu SIN
hardened trio of negros-Ernest Smallwood.
Eliza Cant, and Estella Scott. Two OF these,
known as notorious prostitutes, were brought
up from the wOrkhouse, where they are serv-
ing, time TO testify in this case The Wit
nesses were brought in one by one and tes-
titled, without knowing what had been sworn
to by their predecessors, while they were IN
the outer witness room.
They testified so recklessly and with such
utter disregard for the truth, contradictng
each other right and left, that Judge Miller
finally interposed. He peremptoriiy ordered
the witnesses from the stand and took the
case from the jury, ordering that they bring
in q verdict OF not guilty, which they
promptly did, without leaving their seats.
Judge Miller then read the government
witnesses and police prosecutors lecture.
the severity of which had never before been
heard within the precincts of the grim old
police court At times his utterances were
sensational and scathing, and caused the
lawyers and spectators to wrIggle with sup
pressed excitement.
EXcoRIATED THE WITNESSES.
'It were better" ne said ''that South Wash
ington should be swept away with whisky
than to use such methods and such instru-
ments (pointing to government witnesses) to
convict people Of a violation OF the liquor
law These witnesses have committed the
worst kind OF perjury and they ought to be
presented to the grand jury. The only rea-
son don't order such action Is because they
have been used by the District in this case,
and it would not be fair to do so. 1t is
disgrace and it seems very singular to me
that some other means cannot be resorted to
in order to secure convictions. and people OF
some little reputation at least brought In
here as witnesses.
His honor then announced that from now on
such persons will not be allowed to take the
witness stan in his court.
Furthermore. declared Judge Miller, mo
witness fees shall be paid TO these particular
parties, and they will never. under any cir
cumstances, individually or collectively, be
allowed to testify again in this court. have
heard so much perjury to-day that it has alb
solutely made me sick"
The next case was that OF Joseph Neurohr,
charged with keeping speak easy at No.
1926 Brghtwood avenue, opposite the main
entrance of the Soldiers Home, and within
the mile limit Policeman Yoe, of the Eighth
precinct. appeared as prosecutor, and there
were some spicy developments during the
course of the trial. The policeman placed
several TASKS of whisky and bottles of beer
on Judge Millers desk as evidencein the case.
He said they were captured in the raid on
Neurohr's place. 1t was in testimony that
beer was sold there "three bottles for quar-
ter
William H. Masterbrook. a well-dressed
white man, testified that he purchased drinks
in Neurohr's backroom with 25 cents, which
had been given him by Officer Yoe.
TRYING TO DOWN POLICEMAN.
Charles Winkler, another dressy young
white man, said Policeman Yoe had informed
him that the "speak-easies' in the mile limit
were trying to down him-get him of the po-
lice force. and that it was worth from S75 to
$50 to the police department to put up some
OF them. Witness testified also that he was ap-
preached by friends of Neurohr, who wanted
him and Masterbrook to leave town before
this case was called, so that they could get
out of testifying against him.
81 told these parties, said Winkler, THAT
less than 500 each"
Suppose you had gotten the $780," queried
Lawyer Eugene O'Neill, "what would you
have done with it? Would you have skipped
from the jurisdiction of the court?''
mo, sir" replied Winkler. II would have
given the money to the judge here"
This caused small wave of excitement in
the courtroom. and Judge Miller at once be-
came deeply interested, as he asked:
''What do you mean by that? That you
would bring it in court to be used as evil
dence?'
"Yes, sir"
Another witness caused some amusement by
remarking when asked when he visited Neu-
rohr's place;
"Oh, reckon it was about the time O. year
cattle was turned out"
The government concluded its testimony
about o'clock and the case went over until
to-day.
In the case of Hettie Green, a portly col
ored woman. charged with second offense,
of keeping an unlicensed bar on the Eastern
commons, near the jail. Judge Kimball found
her guilty. Her sentence was four months
Imprisonment in the workhouse and a fine
of $780, or in default of fine ninety days ad-
ditional. Hettie Green's ''speak easy has
long been a resort for thieves and other law
breakers, and several months ago fatal
shooting case took place there. Officer
Aschenbaugh, who made the case, found
about three dozen bottles of beer and large
water pitcher full OF gin when he raided the
place.
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