The record-union., 1895-06-27

Brown in the Golden State Hotel. where
the latter was using language that was
Objectionable to him.
Ii. l.. Buckley, Browns attorney,
asked Barry if he did not strike Brown
State Hotel. City Attorney Brown OBJ
jected to this question, Oh the ground
that it had nothing to do with the case at
issue.
Mir. Buckley said Barry claimed that
he was assaulted by Brown without
provocation. He wanted to show why
Brown assaulted Barry. a short time
before the alleged assault Barry struck
Brown on the head with chair in the
Golden State Hotel, and this occurrence
he buckley considered q part OF the
row.
The objection was overruled. and
Barry went on to give an account OF what
led uD to the trouble in the Golden State
Hotel. Brown was talking in vulgar
manner, said Barry, and he told him 10
stop. Barry said only toul-mouthed
blackguard would talk IN that manner.
Brown was cleansing his finger nails
with a penknite when Barry made the
last remark, and when the latter had con-
Guided Brown attempted 10 cut him with
it, Witness, in order to save himself,
struck Brown on the head with chair,
knocking him down.
Barry was asked ii he was sober at the
time he claimed he was struck with
beer glass by Brown, and he insisted
that he was duly SOBER, as he had not
taken a drink within five hours prior TO
the difficulty. In describing his wounds
Barry said he was satisfied that his skull
was not cracked from the effects OF the
blow from the beer glass.
NJ. +. Flynn, who conducts 1.-THE In
stitution," where the difficulty between
Barry and Brown took place, was the
next witness for the prosecution. In
answer 10 Cliy Attorney Browns inquiry
as to what his business was, he SAID he
conducted IAN institution"
City Attorney Brown-You mean a
saloon, do you not?
Flynn-No, sir; l call it an institution.
BroWn-Isn't 1t true that you have
taken out q license to conduct saloon?
Flynn-Yes sir.
Brown-Then don't you conduct a sa-
loon?
FIynn-No. sir; it is an institution.
Barry came into my place about 3:4o p. NJ.
for nip" and | gave him celebrated
drink.
City Attorney Brown-What do you
mean by celebrated drink ?''
Elynn-A celebrated" drink is one
out of the ordinary; a large one.
The witness said he was in the rear of
his place when he heard Scutfling going
on in the front part OF the institution
He went to where the noise came from
and saw Brown and Barry scutflng. He
ordered them to stop. and Barry went
home. He denied having given Brown
glass. Brown told him that Barry had
struck him BROWN on the head with a
chair, and showed him a lump on his
head.
Flynn embellished his testimony with
consldera bic superHuOus language, and
was cautioned by Justice Davis to desist
from trying to make a circus out of the
proceedings. lie was asked If he noted
the movements of Brown AND Barry.
"How could | afford 10 waste my valu
able time watching Brown and Barry ?"
replied Flynn.
He was also asked by City Attorney
Brown who were in the saloon at GER
tain time. He replied that in addition to
somebody else his dogs were there.
This aroused the wrath OF ustice Davis,
who told Flynn that If he was a man Of
ordinary Intelligence he would have
known that Mr.. Brown had reference to
human beings and nothing else.
Flynn replied that the City Attorney
did not ask him about any human beings,
and how was he TO know what to reply to
MIR. Brown?
Justice Davis became so exasperated
over Hymns conduct on the stand that
he adJudged him guilty of contempt of
court and ordered him confined in the
city prison for twenty-four hours.
! City Attorney Brown then ANNOUNCED
the case tor the prosecution closed
The defense introduced no testimony,
and II. l.. Buckley, the defendants at
torney, made brief argument to the
j court. He said he was sure Brown would
not be convicted by jury of the charge
of assault with a deadly weapon. The
charge should have been of & lesser de-
gree. The defendant and Mr.. Barry, said
| Mr.. Buckley, are old residents OF this
city, and men of family. The cause OF
| the difficulty was because earlier in the
day Barry had knocked Brown down
with a chair.
City Attorney Brown said he is no re-
specter of persons as to what charge he
should place against man. The defend
ant had his remedy in the law for having
been struck by Barry. Barry would
have been justified in shooting Brown
when the latter made 1unge at him with
| the knife as claimed by Barry.
The City Attorney concluded with say
| ing that ne was sorry to see that Flynn
| had disregarded the truth in his tossi-
mOny.
Justice Davis said it should not be con-
sldered who the defendant is. He had
to deal only with the facts IN the case.
Barry testified to having been assaulted
by Brown, and the evidence showed that
deadly weapon had been used. 1t was
not for INN TO say whether or not a Jury
would convict Mr.. Brown. He ordered
that the defendant be held to answer,
with bail fixed at $500.