The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-28
BREAKING HIS PEACE BOND.
This Is ths Charge on Which Senator !.
D. ElCOd Is Tficd.
EVIDENCE IN THE FLANAGAN ASSAULT
Clerk ofthe Senate Joseph Button and
Other Witnesses Testify-The Court
Adjudged the Bond Forfeited, but
Eemitted the Penalty.

| Flood, charged with breaking the peace
bond under which he was put by the
! County Court Of this county last Janu-
ary, when trouble was feared between
| himself and Colonel Il. T. Hubbard. in
making an assault upon Senator Elan
agan, In the Senate chamber on The ith
OF March last came up ia tho County
Court to-day. The Commonwealth was
represented by Mr.. J. y. Rodgers, the
Commemorative Attorney Hon. T.. ".
| HUBBARD. being one of Alr. Floods sure
ties. Mr.. Flood was represented 10y
Colonel r. y. Poore. OF Appomattox.
| Judge John Il. Moss presided.
| After the case had been stated, Mr..
| Rodgers said he had summoned two
/ witnesses, who We're summoned for tho
| commonwealth. against Mr. Flood. in
the Richmond case. lie first, however
introduced the bond which was in the
penalty OF 5000.
THE FLANAGAN CASE.
He then called Morris Parr, who testl-
fed as follows: l was page IN the Vlr-
! ginia Senate last session. j was In the
I Senate chamber on March 8th. when the
dliiiculty occurred between Mr.. IIood
| ana Alf. Fanasans l saw Mr.. Flood
taking 70 Mr. Little; he then started 10.
ward me door, when be reachta the
aisle, between the rows OF de.H he
began 10 abuse Mr.. Flanagan. saw
Ar. Flanagan standing at the iron rail-
llb' ne was then some distance from Mr..
iooa' As soon as Mr.. Flood began TO
aouse MN Mr.. flanagan looked up and
continued TO look at Mr. Flood until bo
Was sUruck. There were two llcIts
Mr. Flanagan threw up his left arm ana
caught the first one. he then put his
hahds over his face and Mr. Flood hit
MN on the LETT side Of his head. Mr.
! Flood then laid the stick down ana walk
! ed Off.
By Colonel Poor: WAS Mr.. Flanlean
racing Mr. Flood from the time he began
to abuse him?"
Yes, sir"
bid Ais. Flanagan have ample oppor-
tunity 10 put himself In a position 10
defend himself?
Yes, sir.
THE SERGBANT-AT-ARAIs.
ar. j. y. Watkins was the next Wit
ness Tor the Commonwealth. Mr.. RODGERS
slattd to the court that Mr. Watkins
had gotten in late, and he had had no
opportunity 10 talk with him. lie testid-
ed as follows:
was Sergeant-at-Arms OF the Vir-
ginia senate last session. was On the
chamber on the morning of March 4tb
when the difficulty occurred between
Mcfsrs. Flood and Elanarau. buc was
IN another part OF tine room, and / was
not looking AZ them. so / did not see any
thiHg until the first blow was struck.
When j looked around the two men were
facing each other. lir. Flanagan looked
like be bad gone an 10 pieces. be- looked
like whipped rooster; hc threw his hand
over his face. and Mr. Flood dealt him
blow on the left side Of the head This
caused The wound. Mr.. Flood then put
the stick down. j picked it up; but put
30 down ON DR.. Sncad's desk to help Mr..
Flanagan, and some one got it.
By Colonel Poore: Was Mr.. Flanagan
knocked down?
No, sir.
Was be ever unconscious?
No. sir: while / was bathing his bead
he asked me TO telegraph 90 his wife,
that she might hear Of it and be un-
easy. I drove TO Judge Waddills with
him, and he was perfectly conscious all of
the time.
The Commonwealth here rested. and the
defence introduced witnesses 10 show that
Mr.. Flood had strictly observed the bond
in regard 10 Colonel Hubbard.
Mr. Joseph Button was then put on the
stand. fIo testified as follows:
ana Clerk Of the Virginia Senate. Was
present when Mr. Flood struck Mr. Flap
aean. / was coming in tie door as Nj.
Flood started towards Dir. Flanagan, and
was very near them when the licks wore
given. Mr. Flood began TO denounce Mr.
Flanagan Just as be entered the aisle Mr..
Flanagan looked around Ho had plenty
Of time 90 have advanced on Mr. Flood.
to have rctreated. or 90 have shot him,
tut he ala neither. / suppose he was
dazci. az le said. When lir. Flood Eot
within striking distance, he raised ms
stick. Mr. Flanagan threw up MS leil
arm and caught the blow. lio theh
threw up his hands over his race ana
cringed as n 90 avoid the next blow. INC
second blow was then dealt on the left
side OF the head. Mr.. Flood colla e'Sl,y
have struck again but li- not atleinpl t'
bo went with me 20 my private office.
Mr. Button was hcre asked OF MF.
r,Ionacan's attitude towards Mr.. flood
during the latter part OF the session. he
cited incidents where his remarks IN de-
bate were offensive 90 Flood lie also
told of Mr.. Flanagan's obiectng % some
of Mr. Floods local bills when the SEN
ate was working under q rule boy when |
affections from one senator could pre-
,.ert the consideration OF a b,l. thereby |
killing II. lie told about the debate on |
the Parker bin Monday night. during |
which Mr. Flanagan used the language |
that provoked the assault.
HOW THE TROUBLE OCCURRED.
Alr. Harry Jacobs. OF Richmond was !
next called. lie stated that De was ~ |
he senate chamber when the trouble oc-
curr.d and near the TWO gentlemen. lie |
hoard Afr. Flood denounce Mr. blanagan |
saw Mr.. Flanagan turn and look at Af.
Flood. and thought he probably retreat
ed n step. Flanagan had ample time, ar
ter he saw Flood, 20 make any kind or
defence he might desire 70. u TOOK
some time for Flood 10 walk from where
be denounced Flanagan 10 where he struck
him lie gacobs) had time 10 wonder
wing Flanagan did not DO something.
Iricod raised the stick and Flanagan
threw up his left arm. This HEX, from
tbe sound. struck the arm. Flanagan
then cried out i'm pain and threw his
hands over his face when Flood struck
him the lick on the head. Flood then put
the stick down and left the chamber.
Mr.. Jacobs testimony was very much
the same as Mr.. Buttons az to the pro-
vocation given.
THE PENALTY RENTED.
The case was then argued, Mr.. Rodg-
ers contending that the penalty OF the
bond had been forfeited. Colonel Pocre
that it had not, but that If it
had been IL was just such case as
section i099 contemplated court reliey-
ing against-that in Virginia, If q man