The evening times., 1896-02-04
LAST HOURS OF THE CASE
Counsel for vermiIIIOn's Alleged
AssaiIants Excoriate Him.
ADDRESSES TO THE JURY
The Quotation From "IIa inlet - Made
by the Assistant District Attorney,
Was Twisted Into an Accusation of
the POlicemsi msiu-Dramatic Language
in the Courtroom.

1
THAT wonderful conspiracy, in which
Early. Hurley, Davis and Dempsey were en-
gagged to do Policeman vermiiion on
September % FAST" was the theme of At
torney Lipscomb, in continuing his address
TO the jury in defense of the first three men,
on trial before Judge Cox for assaulting
| Vermliion. n->
He asked how sensible men could believe
| that four men would lay a plot to put po-
liceman out OF the way, and then gather for
| the very act and bring no weapons but n
single pocketknife. And then. when the
| fight was on. the officer called on one of the
! men, Early, for help, and eotit. Eariypulied
the other conspirators off him.
Mr.. Lipscomb then turned his atteneo on
to the witnesses, Brown and Smith, and
| asked why Smith, the other saloon enploye,
who tried 10 be an eye witness. did not test
;fy in the upper court along with Brown
Smith was in the police court; why not
presented here? The law requires that all
eye witnesses be presented. He left The IN
| ference that the prosecution was afraid.
Assistant District Attorney Laskey in
| tcrrup,ed the tide OF eloqucnce TO say
Smith was rendered the defenseasa witness.
Mr.. Lipscomb said he didn't know it,
He insisted that the facts showed Brown
was not really an eye witness to the fight,
the prosecution rested upon the unsupported
evidence Of yermillion. who had the motive
for his testimony that through it he might
escape the gallows.
THE ONLY GRAVE.
He said the dainty young assistant district
attorney had talked from Hamlet or
the hour when graves yawn. The only
grave here was that of poor, stalwart
Timothy Dempsey. watered by the tears
of his faithful sister and devoted mother.
1t cries out for Justice against the only
witness against the defendants.
He explained the upward course of the
bullet in Dempsey's body by sayin. that
Dempsey probably inyoluntarily bent his
body in an effort TO escape when he saw
the pistol barrel CLEAN, and received the
bullet ai an angle.
He closed by saying nn wholesale charges
We're made against the police, but
some policemen are bad men The proof
of this is the wedding cut the force Nv the
Commissioners. and occasional sending Of
an officer to the penitcntiary by the courts.
Attorney Joseph shnington followed for
the defense. He confined himself to the
questions: Was there any occasion for the
arrest? was it legal: was there ground for a
policeman to interfere? Next. If there
was occasion for arrest, did these men re-
sist the officer?
GUILTY OF NO oFFENSE.
Mr.. ShilIington d.rnted himself mainly
to the points bearing upon the question OF
the innocence of the defendants. He clear
IL and fully set form the evidence so as to
show that DAVIS, Early and Hurley had
been guilty of no Oitensc worse than in
dignation for the killing OF their compan-
ion. and that tempered by fear for their
own lives He closed with an appeal to the
Jury 10 satisfy ttr-ir eanseiencrs: they would
acquit his clients, 80
Ex-Reprcsentatiye Turner closed for the
defense. He began By disclaiminE any pur-
pose to try now. that brass-bi1zoncd thug"
who had murdsred Timothy Dempsey. 1t
was the case u Early, Davis ana Hurley
he wished to present..