The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-06


session of facts which it has failed to
show.
CALLED DOWN BY TIE JUDGE.
Judge Miller-The gentlemen will not
accomplish anything, as was said yester-
day, by endeavOring to divert the case
from It's proper channel
Mr.. Pence-May I ask your honor whv
we are met with this objection at every
turn2
Judge Because, in the face of
well established rules of evidence. obiec-
tlon is made to my asking these cues
tlons. 1t 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, l
would not lmpute to you an intention to
ala the prosecution in this case, but the
TACT is, you do aid it. 1t is the fact to
which l object.
Judge Miller-In these questions I am
endeavoring to bring out the truth. If it
helps you you are entitled to the benefit
of it.
Here the colloquy, which was quite an
mated, ended
The banner on the four-foot oak stick
which the witness took from Browne
was placed in evidence.
Representative Pence conducted the
cross-examination of Policeman Laws
In the course of it the witness said he
saw possibly thousand peonle traFanline.
on the grass in the capitol grounds that
day.
Mr.. Pence-Did you arrest any of
them}
Officer Laws-No.
MIR. Pence-What, not for trampling
on the grass2 Laughter. Why not2
Othcer Laws had other things to at
tend TO.
MIR. Pence-They were violating the
laws of your country2
Officers Laws-They might have been.
but they were not disorderly.
Again the witness admitted that he
saw number of mounted policemen ride
their horses over the grass and did not
arrest them, although he knew it was
against the law. He denied having made
the complaint in this case.
DIDN'T ARREST ooxEY.
AS to Coxey, the witness stated that
he did not arrest him because he did not
see him commit any act which he
thought warranted arrest.
On further CrOSs-cXamination by Mr.
Hyman, Officer Laws said that when he
first saw Browne with the banner, there
was small American flag on the stick,
but it had disappeared before it came into
his possession. He did not see Browne
assault any one. The witness took the
stick away from Browne because he was
carrying it as banner At the time of
the arrest, some of the officers might
have had their clubs uprdised (witness
did not have his), but no one struck
Browne.
Before the witness was excused, Dis
trict Attorney Birney presented a small
plan of the capitol grounds as now laid
out and improved, from which the officer
might be able to show to the satisfaction
of the defense the point at
which 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
was under his care.
Officer Laws again took the stand and
pointed out on the plan the place, as
nearly as he could determine, where
Brown and CoXey jumped the wall from
the street into the grounds.
JONES' ARREST.
Officer Aldrich followed He was on
duty May at the capitol, and identified
Browne and Jones as two of the men he
had seen there. Jones carried q stick and
banner, which the witness took away
from him. At this time, the witness
said, Jones was interfering with the
witness, who was near Browne, who was
under arrest, crying out in an excited
manner that sit was an outrage that an
America citizen" Jones returned to
the charge a second time, and Officers
Aldrich and klather placed him under ar
rest
Officer Murphy, who arrested Browne,
was the next witness, and briefly detailed
the facts of the arrest. The cross exami-
nation of this witness was conducted by
Representative Hudson. 1t brought out
no new facts except that the witness had
made an affidavit for a warrant for the
arrest of Coyey, although he did not see
him on that day. This was done at the
direction of Assistant District Attorney
Mullowney.
THE PRISONERS DEFENDED.
Sergeant John Kenney was next exam
ined. Mir Kenney was on duty at the
white house for several years in the
first Cleveland and Harrison administra-
tons, and previous to that had been a
mem ber of the Jeanette Arctic relief eX-
peditiOn. He said that neither Browne,
Coxey nor Jones said or did anything in
his view or hearing that tended to pro
duce trouble. He heard no one
save an OIuCeT uuutE ulils
to whom he spoke, and several
members of the Coxey army, talk of
trouble He had told the men under
Jones' command to stand fast outside the
capitol grounds, because if they did not,
he warned them that they might get into
trouble
Lieut.. Kelley, of the Metropolitan
police, who, in conjunction with Capt.
Garden, of the Capitol police force, pre-
prevented Coxey from making his speech
on the capitol steps, was examined, and
there the prosecution rested.
PENCE MAKES A POINT.
Representative Pence for the defense
raised the point that no offense had been
shown by the evidence.
After reply from Assistant District
Attorney Mullowney, who contended
that the offense was deliberate, and that
it had been in contemplation for weeks,
Mr.. Lipscomb, for the defense, asked
that the case be taken from the jury,
on the ground of variance be
tween allegation and proof, and
MIR. Hyman asked the court
to instruct the jury to acquit Jones on
the count charging him with stepping on
the grass for the reason that no evidence
had heen introduced to sustain the