The evening times., 1896-03-20

Judge Miliers courtroom was packed 10
the walls this fopcnoon with persons, prin-
cipaiiy from East Washington, who were
present to hear the counter charges of as
sault and battery in the Nicholson-V Vermil-
lion case.
Frank Nicholson, a stalwart young man.
appeared in the dbck with his head swathed
in bandascs, as a result Of the clubbing he
Policeman william vcrmiliion OF the Fifth,
or Capitol Hill, precinct.
Ex-Congrcssn,ah Turner appeared for
Nicholson and entered a plea of not guilty
to the charge OF assaulting Policeman Yer
million. As TO the charge OF disorderiy con-
duct, which brought about Nicholson's ar
rest, Mr.. Turner entered a plea OF guilty.
with the remark that his client was very
drunk at the time and no doubt acted in 4
disorderiy manner.
PROSECUTOR Mullowny called Policeman
Vermiiiion to the stand, as the first witness
for the government. He explained that
therc was a counter case OF assault against
the officer. He was charged with commit
ting an unprovoked assault upon the pris-
oner. Tue counter charge was made by
Charles +. Beers, a member Of the District
fire department., who appeared in court in
full uniform.
vERiILLION TELLS HIS STORY.
Policeman vermiiIion testified that about
O'Clock Monday afternoon he received
infOrma tiOn that Frank Mich olson was
drunk ard disorderiy on Eighth and K
streets southeast. He was also Informed
that the prisoner had created a disturbance
i'll Floods pooI-roOms and in Griebs' sd
loon he having been elected from the lat
ter place. He found Nicholson ut Eighth
and X streets. Two men were having
trouble with him while trying to get him
home. Vermillion said he advised Mich
olson, who was on the ground, 10 behave
himself and go home with his friends.
Nicholson. with an oath. declined to 60
anywhere with either his friends or the
policeman. The latter then went TO the
patrol box aud turned in a call for the
patrol wagon. He then returned to where
the men were struggling with Nicholson and
attempted To get him upon his rect.
At this juncture. Vermillion testified.
Nicholson kicked him on the leg. They man
aged to get the prisoner to his feet, when
tc aimed a shert-arm blow at the police
man. The blow fell short and struck Con-
uors. one of the men who WAS with Mich
olson. 1t was at this point, Vsrmillion
siated, that he struck the prisoner with his
club.
The first blow didn't subdue him." said
VcTmiliion. land l struck him -again.
Then he went down..
what 60 you mean by subdue him."
asked his honor.
'Qwcting him."
NO." interrupted Attorney Turner.
"he had not cutie knocked the already
helpless man into a state of in sensi-
biity.'
OTHER WITNESSES TESTIFY.
Policeman vermillion further stated. in
answer 10 Mr.. Turner'S question. that he
had no trouble with Nicholson until the
patrol wagon had been sent for.
did you have your hardcuffs?' asked
Judge Miller.
vermIIisu replied that he did but could
not pu, them on the prisoner because OF
There was q small army corps of wit
nesses on each side in the court room. Id
Judge Miller viewed this dispiaS OF testi-
mony W ID dismay. as IL appeared as though
tue trial would bo.exteptied indefinitely
Gripman Stevenson, of the Washington
Traction Company, was The second wit
ness. He testified that Vermillion said
to Nicholson .afier the pa troll wagon had been
sent for: ''Camc on. Frank. and go with
me- Nicholson was lying on his back at
the time. The officer reached down to get
hold OF the prisoners hand when the latter
kicked him. Vermiliion then struck Mich
olson twice with his club while he was
still OH the ground. II required the cf-
forts of three or four men 10 get the prisoner
into the pa troll wagon. During the melee
Nicholson tried 10 bite the witness hand.
James johnson testified that Nicholson
was so much intOxicated that he could not
stand without assistance. The policeman
did not hit the prisoner until the latter
had strucs him tyermillioni. When the
blows were struck by the policeman, wit
ness was sure Nicholson WIS Oh his feet.
He fen when the second bow was received
from the pOiiceman's club.
Gripman Deyers of the Traction Com
pauy caused cons ide rable Laughter by
tcs; flying that after ycrmillion had clubbcd
Nicholson. the latter LAY down" The
policeman did not strike the prisoner until
the latter had kicked him. Then he struck
him twice. At the time Nicholson was on
Ills feet.
William Stewart testified that the po-