The evening times., 1896-11-02
BROTHER AGAINST BROTHER
Remarkable State of Testimony in
the "KnOck Out" Case.
Trial of Merrigan for Alleged "DOp-
ing" and Robbery OF Farmer
Burris.

Matthew F. Merrigan. the alleged knock.
| outdrops" man, was put on trial this
morning before Judge Cole, for assault
| ing, with intent to kill, a farmer named
! Richard j Burris.
| In his opening statement to the jury,
| Assistant District Attorney Jeifords re-
| cited that last June Burris and Merrigan
met at the Center Market. and after drink
ing considerably they got in cab driven
| by David Smith and went across the river
| To jackson City. After they had more 10
! drink, Burris was thrown from The cab by
Merrigan, who was arrested later by De
! tective Sutton, who found upon him Burris'
! hat and watch
Detective Sutton also found in Smiths
] carriage, under tne seat, a bottle uf chloral
| and bottle OF choral and whiskcy. Bur
/ ris was found in u Clump Of bushes across
! the river in an insensible condition. The
| government announced that 1t would show
/ that Burris had been druggcd and robbed
/ and left for dead by Merrigan.
Lawyer Truit, representing the prisoner,
told the jury that Merrigan did not throw
| Burris from the carriage, but that Smith,
| the hack driver, did. He also contended
that granting that choral and whisky had
| been administered it had not been given
In quantities sufficient to kill and hence
there was no assault to kill. The defense
sought to show that Smith, the hack driver,
was the man to blame, and not Mcrrigan.
Smith had been arrested, but informed
on Merrigan, and hence the charge against
the latter.
Detective Sutton was the first witness.
and told about the arrest OF hcrriSan
and the finding of Burris III the bushes
on the 18th Of June.
Richard j. Burris of Montgomery county,
Nd, followed Detective sutton. He told
OF coming to Washington the / sth of last
June and identified MerrigaH as man he
met at the American House that morning.
L was around there selling some beans
when Smith and Merrigan drove up and
MerriGan a accosted me and asked me To have
drink. took small beer and we drove
up to the stable where l had my horse,
where we had another drink.
He wanted to know what time / would
sell out. and about Z or s O'Clock he came
back and said he would go out in the
country to board with me. but he had to
go over across the bridge on some impoT
tant business. lie said he had a vehicle
and we got in the carriage driven by Smith
and we went do wn Fourteenth street to the
river.
We stopped and rad a beer on Four
teenth street, MerriEan aying for IL.
Later Merrican produced half-pint bot
tie OF whisky, which he offered me. /
declined at first. but later consented,
first offering 1t to Smith, who refused
because he had tobacco in his mouth
When / took a swallow OF II It was so
hitter it burned the skin off my throat.
Soon after that | did not know anything
hardly.
Where was that-was il on Fourteenth
street." questioned Mr.. Jeffords.
II object" said MIR. Il lit, who stated
that II was very material the witness be not
led in his statement, as it was important
whether or not the whisky was drunk in the
District or in Virginia. The question was
allowed. and after croSs-cNamination Bur
ris said he was not sure Just where it hap
pened.
The counsel for the defense stubbornly
fought every point for their client, and at
one point during the examination counsel
for Mr.. Merrigan asked the court to inter.
fere with Detective Sutton, whohad testified
government witnesses. Judge Cole, how
ever refused.
David Smith, the hack driver, followed
Burris, and practically corroborated the
farmers statement, except that he stated
that Burris bought three bottles of beer in
Jackson City, which the countryman de.
MED.
A peculiar feature of the case is that
while the defense has sought to lay the
crime on Smith, the latter's brother, Joseph
Smith is aiding Merrigan, and was put on
the stand to refute the hack drivers ev:-
dence.
He claims his brother is lying, and that he
wants the truth to prevail