The morning times., 1895-10-02

The preliminary hearing IN the case Oh
Norris Davis, James Farley and John
Hurley. the men charged with assaulting
Policeman William Vermilion, of the Ninth
precinct. on the 22d of September, when
the officer shot and Killed Timothy Dempsey,
one Of the crowd, was held before Judge
| Millerin the police court Observation-Disclosures
Messrs A. A Lipsconib. Joseph Shilling
ton and ex Congressman urnerreprcsentcd
the three defendants, and Prosecuting At
| torney Mullowney conducted the case for the
| government. AT the conclusion of the
hearing Judge Mil llersaid that the niatterwas
| one which should be thoroughly investigated
by the grand jury and he held all three de-
PENDANTS to await the action Of that body
in S3G0 each Davis furnished surety and
the Others We're committed.
I The case has excited the most intense
interest in the ncighborhood in which the
young men resided, as weilasamong citizens
generally, and the courtroom was filled
| with spectators.
| The officer who fired the fatal shot sat
next to Mr.. Mulowney, and the three de-
| PENDANTS were arrayed with their counsel
! opposite him.
MFR. Turner opened for the defense, stating
that he desired to call the courts attention
! 10 Iiie ErdNilN ol tilt ttSti anu thc 'eiitiuh
consideration it merited.
CALLED 1T MURDER.
He termed the shooting of Dempsey o. a
downright murder of an innocent man lay a
drunken policeman and alleged that Yer
million had changed the charge against his
clients three times already, in his effort TO
find some grounds on which to send them
to the penitentiary.
sI,n
government, and said that the only murder
i'll the case was the attempt to murder
the officer in discharge of his duty.
Vermillion was then put on the stand.
His statement was practically the same as
that made by him before the coroner's
jury, when he was exonerated.
In the cross-examination, however, the
attorneys for the defense endeavored to
make him admit that he was drunk and
boisterous at Kernan's during the after
noon preceding the shooting and was finally
ordered from the house. The defendant
admitted that he had been off all that
afternoon and spent part of it at the
theater, but denied having taken more
than one glass of beer.
The clothing worn by Vermilion on the
morning OF the shooting, which was torn
and cut in the seattle, was then put in evi-
dence by the government. The shirt, trou-
sers and underclothes had several large
rents in them.
While Mr. Lipscomb was examining the
policeman's undergament he suddenly in
terrupted the proceedings of the court and
eagerly announced a discovery he had made
He said that the cut in the trousers was
in the left leg, while that in the drawers
II sta.
ment to back his statement.
CAUSED A LAUGH.
"It's just as / thought, your honor, said
the lawyer Il wouldn't believe any OF
these men under oath. Vermillion, you
made a bunshng job out OF it this time"
Mr. AIullow ncy took hegarment, however,
and upon examining il found that II was
turned wrong side out He turned 1t
straight and when the mcrriment sub
sided the case went on.
Thomas Brown and Andrew Smith, col
ored, We're then examined, and testified
to passing tie place before the shooting oc-
CURED and seeing the three defendants
and Dempsey there. Witnesses Claimed
that the prisoners threw stones at them
and cursed them
Policemen Gordon and Dalrymple and Mr..
Charles Fisher We're the next witnesses
and testified practically as they did before
and distress calls, and W hen they reached
the scenc as they did within a few minutes
of each other. found Dempsey dead and the
others standing around
Davis Hurley and Early testified that
Dempsey was lying on the ground when the
policeman came up and strIcl; him on the
sole of his foot with his club. Dempsey
then sprang up and the two clnched.
Vermillion called Davis and Hurley,
who were walking away, 10 assist him, and
they went back and pulled Dempsey off.
He walked away sideways, looking back
at the officer, and the latter suddenly
drew his revolver from his pocket and
shot him. All three witnesses denied
having attempted to injure the officer.
Mr. Lipscomb then made an impassioned
address, declares that the shooting of
Dempsey by Vermllion was willful muir
der and one that lie did not propose TO
allow the friends OF the policeman 10
hush up.
DECLARED IT WAS MURDER.
He agreed with the court that the cases
against the three young men should be
Investigated by the grand jury, and he
also thought that body should carefully
sift the circumstances connected with
the shooting of Dempsey.
To that end he asked the court to
direct the clerk TO issue a warrant which
would be sworn TO by each of the three
defendents, charging vernil lion with
murder, and let the case go at once before
the grand jury
Judge Miller said that Mr.. Lipscomb
could obtain a warrant for murder if he
wished TO do so, but he was well aware |
of the course Of procedure in such cases. |
If he could make a sufficient showing to |
the District Attorney the warrant would |
he ordered issued.
In concluding, Judge Miller said that |
he did not wish to even intimate any more |
in the case than was absolutely neees
sary, but a man had been killed. What |
ever his offense, he paid terrible penalty |
for it.
Whether the three men on trial were i'm |
plicated in the affair or not, was a ques- |
tion that should be gone into very |
careful lly, for the sake of the officer, |
for the sake OF the men themselves, and |
for the sake of justice.
He, therefore, ordered that they be held |
to await the action of the grand jury in |
$3G0 bonds.