The morning times., 1896-01-31

| and Maurice DAVIS, on the charge Oh as
| saulting Policeman william vermillion on
September % last, begun before Judge
| Cox yesterday, bids fair to consume more
| time than any case on the same charge
| that has been heard here in many years.
The real question is whether Policeman
vermillion was justified in shooting to
death Timothy Dempsey that September
night.
| 1t had been q sweltering hot day, and
| Mr. VermiI!ion said he found the four
men drunk and disorderly at the Malone
| lot, First and l. streets northeast, and IN
| dispensing them lie was Obliged to shoot.
The matter has been much discussed ever
| since, and an effort was made to have the
| policeman indicted.
| Mr.. Andrew Lipscomb and ex-Represen-
tative c. II. Turner appeared yesterday for
! Early and Hurley, and Mr. Joseph Shil-
| liugton for Davis. Assistant District At
| toruey Jerfords, aided by Mr.. John Laskey
Of the District Attorneys office, con-
Quoted the prosecution.
| SEARCHING HIS RECORD.
The attorneys for the defense made a
| fight from the tset upon Policeman Yer
MILLIONS record, imputing TO him stupidity,
! brutality, aud a desire for record as a
| dangerous policeman.
Mr.. Jeffurds tried to protect Mr.. Yer
million and hold the evidence strictly to
| the question of assault by the three de-
| PENDANTS. In doing so he came into frequent
sharp collision with the opposing attor-
| neys. He kept his good temper admirably
under the trying ordeal and made the best
OF the conditions presented.
Mr.. Vermillion was the first witness. He
told how he found the four men carousing
at First and L streets northeast, shortly
| after midnight on September %, com
manded them to dsperse and was as
| saulted by Dempsey, after threats that
| they would put an end to his efficiency as
| guardian of the peace right then and
! there. Dempsey knocked him down. When
he arose and struck Dempsey with his
stick, the four set upon him, threw him to
the ground, took away his club, and We're
beating him numerically.
He reached for his pistol and told them
to let him up or he would shoot. While
| they We're struggling to take this weapon
also away from him it was discharged and
Dempsey was shot through the left side,
Just above the hip.
SoME'sEARCHINGQ QUESTIONS.
Hospital, where he died. The other men
were arrested and held for assault.
AS soon as he had finished his direct
, evidence he was subjected to the most
searching cross-examination, each of the
! three attorneys for the defense taking
| turn at him, and repeating. The fire was
kept up for two hours. The young officer
faced his tormentors stolidly aud de-
family.
As the questioning was going on Mr..
Jeffords urged that Mr.. Vermillion was
not on trial.
IF we had the assistance of a just law
office" exclaimed Mr.. Lipsco NIB, ''he
would have been indicted for murder"
Talk to the grand jury about that"
returned Mr.. Jeffords.
You talk TO the grand jury, we can't.
But we've got you now where you can't
escape u.s. replied Mr.. Lipscomb.
The story OF the aSfray which the defense
proposes TO prove was told to the police
man.
This is that the men were in the open air
to be cool, talking quietly, two of them
being stretched out half asleep when he
came up drunk and spelling for fight,
struck Dempsey with his club, was thrown
down twice by Dempsey and as Dempsey
withdrew to avoid further trouble, shot
him down.
Wasn't this the true statement of the
case?' demanded Mr.. Turner, looking Yer
million squarely in the eyes NO" was
the determined. steady answer.
And to question after question seeking
admission of fault by the policeman the
SAME answer was returned in the same way.
Mr.. Lipscomb did succeed in getting Mr..
yermiilion to say that there was police
regula ton that he must keep one chamber
of his pistol unloaded and the hammer on
that chamber and got him mixed up as to
facts which it seemed he should know.
1t was found he had his pistol on in court
and it was unloaded to allow the attorneys
to examine. its calibre. Mr.. vermillion
did not know whether 1t was or ought
| to be 80 or SO. He also was confused
as TO distances and caused a laugh by say
ing a certain distance was about fifteen
feet, adding las far as from here to that
door" indicating point forty feet away.
His testimony in police court was brought
to bear against him also and some in
consistencies developed.
HAD BEEN DRINKING.
! He said he knew the men were drink
ing. Did he see them drink? was asked
No: but he knew they were drinking. be-
cause there was beer in n keg he saw there.
He could not swear, however, that it was
| beer. 1t looked like it, but 1t might have
been water.
Mr.. Shiliington asked him il his client.
Davis. kicked him while they were on the
ground. He said he did.
"How do you know? Did you see him
kick?"
| mo; but know 1 was being kicked by
two
| Didn't the other man have two legs:''
asked Mr.. shilington.
| Mr.. Verrnillion said he didn't see Davis
kick him, but he was sure Davis laid hands
| on him.
He was questioned closely as to the
| distance he was from Dempsey when the
| shot was fired. His statement was that
| the shooting occurred while the four were
\ fighting on the ground. Dempsey's clothes
were brought in to show that there were
| no signs of powder on them, as there should
have been if this statement were true.
Testimony was also given by Joseph E.
| O'Brien, Times reporter; William Zigler
and Roswell Hainey, Insurance men, who
live near the scene of the affray, and
Clarence Dalryinple and number of Other
policemen of the Ninth precinct, who came
10 Vernillions assistance.
All confirmed the poiiceman's statement
| in more or less important particulars.
but none in the essential points, as eye
4 witnesses of what had occurred up TO the