The morning times., 1896-02-04
SHOT LEGAL FIREWORKS
Mr.. Lipscomb Rev eWs Ey dence
in VermiI|ion Assault Case.
ARRAIGNED THE OFFICER
DecIar red That Sits In the Policeman's
Cont Were Not Made in Alleged
Assault, but by Himself with "a Pair :
of Scissors-La wyer and Witness
Nearly Come to Blows

The case against John Early, Richard
Hurley, and Maurice Davis, for assault
upon Policeman William Fermillion, will
go to the jury today.
The evidence was all III at = p. m. yes
terday and arguments were begun at once.
Counsel on both sides INDUCED in verbal
pyrotechnics. The close OF the testimony
was accompanied by fierce quarrel be-
tween ex-Representative Turner and Police
man Kinlball. who is Vcrmillions brother
in-law.
As Dr.. Parker. a witness for the prose
cution, was standing in the room al
recess Mr. Turner began 10 talk with bin.
Kimball came up and interfered under
the impression that the attorney had nc
right TO nioIest or have any conversation
privately with government witness.
Mfr. Turner told Kimball to attend 10
his own business and withdrew with DIR.
Parker to another room. Mr.. Turner again
told him to go away, speaking vigorously
Kimban replied by asking Mr.. Turner tc
step outside and settle their quarrel with
their fists. This was declined.
INSoLENT, HE SAID.
When court resumed sitting. Mr.. Turner
made statement To Judge Cox OF the
facts. and Mr.. LipscOmb added that the
policemen had been insolent and over
bearing throughout the hearing and they
were entitled to the protection of the court.
Mr. Jeffords stated that he had told
Kimball that Mr.. Turner had a perfect
right to talk with the government witnesses
Judge Cox said nothing more should be
said before the jury in regard TO the alter
IN Ina kfr fY,AIxu nj. 20.
adjournment
When the jury was gone Mr.. Kimball
made his statement, not disagreeing very
materially with the facts given above.
Mr.. Turner said that the policeman had de
liberately lied to the court in his version
of the affair. Mr.. Kimball called out:
That is no way TO talk to man, and
you wouldn't do it outside"
Both sides were much wrought up over
the occurrence and there was conSidera Bile
talk after leaving the courtroom. but the
parties separated without any violence.
Each side gave notice of prayers for in
structions in accordance with views oi
the case taken by opposing counsel and
argument began.
Assistant John Laskey, Of the District
attorneys office, made the opening address
for the prosecution. He said very much
had been dra agged into the case that did
moi belong there properly. 1t was only a
question whether these men had been
assaultng an officer. Policeman Vermil
lion was not on trial. He was merely a
witness in the case.
Mr.. Laskey called attention to the fact
that tn promises made by ex Representa- tive
Turner in opening for the defense, as to the
testimony 10 be brought. had not been kept
The only mute evidence he had seen that
might be thought Ito brand murderer.
was the presence of cookie -burrs on Demp
sey's clothes. But these might have beer
got on the clothes any time during thai
night, and was no proof whatever that
Dempsey was in the Malone lot when ht
was shot.
REVIEWED EVIDENCE.
He reviewed the evidence at length. anC
said the only testimony of Importance
offered by the defense was that of Watch
man Newton. of the War Department HI
could not understand how Mr.. NewtoI
would claim that at a distance Of SOC
yards he saw, by the flash of a pistol q
man standing and shooting. He though
Mr.. Newton must have got scared wheI
he heard the shooting and climbed i'll terrol
| into one of the government tool boxe;
| and ina gined what he swore he heard
Mr.. Newton. who is an old soldier, was il
court. and smiled in unfeigned amusemen
at the young mans attack upon his reputa
lion for courage.
| Mr.. Laskey quoted Shakespeare rathe
| freely in reviewing the testimony, and
alluded TO the defendants as a set Of
| ruffians lying in wait for the officer. Ii
made much of Vermiliion's statement tina
| they had told him he had reached hi
stopping place.
He drew a word picture of how the fou
men had plotted 10 murder yermillion ant
place his body on the railroad track, so a
| TO remove all trace of their crime by havin:
] it mangled by the wheels of passing train
Mr.. Andrew Lipscomb began the argu
ment for the defense and was speakin.
when court adjourned. He alluded TO MI
Laskey's statement that too much tim
| had been spent upon the case, and aske
| who was the best judge of that. the Dis
! ,rict Attorney or the court.
Human life,' he exclaimed, lis wort
more than brass buttons. Here u man ha
| been slain, murdered, we say.
WE'RE NOT RUFFIANS.
Speaking of Mr. Laskey's statement tha
these men were rufffans, he said if povert
and hard work were crime, then Davis
| against whom no charge had ever befor
! been made, was criminal.
Coming to the charge of conspiracy, h
said it was strange thing for men to Sc
] oh a.,,I la
a policeman by getting a keg of beer an
| brass band. He had heard of many COZ
spiracies, but never one like this.
Then when the policeman walked int
| this noisy and openly announced trap wha
did he find? Two of the conspirator
| asleep. They got into fight. They weT
| four to one. They took his billy from hin
but struck him not one blow with it. On
of them had knife, Vermillioi, had test
fled, but only cut his clothes alittle, eve
on his own story. The four of them ha
him down. They had plotted TO kill hin
He was in their power. q
Mr.. Lipscomb said there was abundar
evidence that Vermilliou's story was lii
| Nermiliion said the men had been ther
Ten other witnesses saw none. How Wa
it VermillioD should tell lie so easii
and completely disproved. He told it earl
in the case, soon after the killing; told
before the evidence had been sifted, an
he had to stick to it; told it when he wa
busy inventing reasons for his attemI
TO arrest Dempsey and his companions. TT
court would instruct them that witne!
who would swear to what was untrr
about a matter when he could not
mistaken, was not to be believed aboi
anything.
DIDN'T INTEND TO KILL.