The herald., 1895-04-10
Faust Kinney's Fight With Ala
media Marguerite
SMOTE HER PEACHY CHEEK
A Pawned Bicycle and Watch Led to the
Trouble
Fair Daisy's Lack of Memory on the Stand
Eleven for Acquittai, One for
Conviction

The trial of ex-Police Officer Kinney for
beating Marguerite Marmontel, the young
cyprian whose lover he had been, and
whose money he had obtained in return
for thousands of kisses which he for
wardeu to her, postage prepaid, at New
York. was commenced yesterday morning
in the police court before Judge Morrison
and jury. The difficulty happened at
the house of Canadian carpenter named
Monnett, who resides on Upper Main
! street, Saturday morning, week ago
where Kinney and his father n-law, l..
B. Cohn, the Main street pawnbroker,
had repaired to try and settle the differ
ences between the fair Marguerite and her
eX-over, in an amicable manner if pos
sible.
Mrs. Marie Monnett. the wife of the
carpenter, was the first witness which the
prosecution produced. She told how
Father in-law Cohn and the exautocrat
of Alameda street had entered by the
front door and seated themselves. Then
by means of the back door Miss Mar
guerite appeared upon the scene. Mr.
Monnett. who was suffering from the
effects of q shot wound III the jaw, sat by
his head done up in bandages Marc uerite
Immediately began to upbraid Kinney
office of his father-in-law a bicycle. gold
watch and a suit which where the prop
etry OF her former adorer.
Collateral Cohn Clipped in and wanted
to know ii it was nottrue that Marguerite
had said that she and Son-in-law Kinney
had occupied room together in Com
mercal street establishment but a few
days before. Marguerite said that she
had stated iJ and that when she had
made that remark she had only mem
toned the truth. Kinney jumped up and
called Miss Marguerite a liar. ornament
ing the epithet with q few choice garlands
of a vulgar design.
The lady then retaliated in similar pic
turesque language. Before Mrs. Monnett
could jump between the bell;gerents Kin
ney's nand or fist struck out over her and
hit Miss Marmontal whack. Owing to
witness position she could not tell the
exact spot where Knney's digits caressed
the lady's face, but she heard the noise.
Miss Marmontel Immediately clapped her
pocket handkerchief to her mouth and
ran away
Carpenter Monnett, his head still band
aged in Il big white silk handkerc lie to
keep the 22-bullet from falling out of the
wound under his chin, told similar
tale. Then Attorney J. Marion Brooks
appeared in the court room and moved
that upon the payment OF costs and the
acknowledgment by the injured party
that she had received satisfaction for
whatever I'M ury she had sustained. that
the case be dismissed and Mr.. Kinney be
discharged. 1t was then learned that Miss
Marguerite Marmontel. having no stand
ing in court, had no right to make any
motion at all. She was not the complain
ing witness, but merely witness who
would be required to give her testimony
at the proper time. After a long wranglc
between the attorneys. Messrs. James
and Rush for the people and Messrs.
Appel and Ling for the defendant. the
court decided that the case was then i'll
such u shape that it would be better to let
the jury pass upon the guilt or innocence
of the burly policeman.
Then Miss Marguerite, unusually nerv-
Gus, and anxious to get over the ordeal,
was introduced to tell all that she could
recollect of the affair. Her memory was
in a very bad shape and she required
powerful amount of thinking to recollect
the particulars of the rumpus. But she
finally did recollect most of the circum-
stances up to the blow, which she de-
scribed as something in the shape of the
kiss of zephyr upon a newly opened
rose. If her lips did bleed after the ep-
svde and were cut on the inside, that
was probably due to q tendency OF her
gums to shed blood at uncalled for and
unexpected moments. AS to other things
which might criminate Kinney, she had
severely and positively forgotten them.
Miss Marguerite said that she had declined
to prosecute Kinney, had protested
against it being done by others. and that
she was an unwilling witness in the case.
The defense then introduced testimony
to prove that the prosecution was brought
and engineered by cx-Detective Bosqui,
whom it called the power behind the
throne; and witness named jenkins.
who is q cousin Of Kinney's. testified
that Miss Marmontel had told him that
the ex-detective had intimated to her
that if she did not testify that Kinney
had struck her in the mouth he would
send her to the penitentiary for two
years. But Miss Marmontel had denied
this previously on the stand and ex-
planned that Bosqui had merely told her
that she was bound to tell the truth un-
der pain of Imprisonment.
Adonis Kinney then took the stand
and told the story of the meeting that
broke up in q row, and claimed self-de-
fense as his justification, if lie did any
thing at all.
In the afternoon Mr.. Cohn. the pawn
broker. who had accompanied his SON
in-law to Marguerite's when the slight
unpleasantness occurred. testified that
he had seen no acts of violence perpe-
trated.
After arguments of unusual eloquence
and vlgor the case was given to the jury
at 30
1t was q foregone conclusion among the |
audience that an agreement was an i'm |
possibility. and when the bailiff after the |
jury had been out an hour and Il quarter,
returned into court to announce that they |
wished to be summoned everybody !
seemed surprised that they should have |
come to an understanding. But as Il
matter of fact. they had not-at least one |
out of the twelve had not. The foreman |
declared that the jury stood eleven to |
one, but he seemed hopeful that the disa-
greeipg brother might be shown the error
OF his way. The Judge thereupon con-
cluded that the eleven talesmen who had
agreed one way might labor little longer !