The evening times., 1896-02-03
VERMNu0N WIS NOISY
PoIiceman's Conduct on the Day
He Killed Dempsey.
TESTIMONY OF A BARTENDER
Court-Inquiry as to the Dead Mans
CiuthiDg-COunsei's Chustic Com
ments Upon the District Attor-
ney's Office.

The trial OF John Early, Richard Hurley
and Maurice bay fOr assaulting Policeman
William Fermilien ON Saturday, Septem-
Der -, when Nerninion killed Timothy
Dempsey, was resumed before Judge Cox
| this morning. r,4nrg.s
Edward Esao, Bartender at Keman's
| Theatcr, was tlse first witness for the day.
He testified that on the Saturday OF the
killing OF Dcrnpst!y he had occasion TO speak
TO Policeman yeTnillion in The audience
room at tie thsater, and tell him 10 keep
still. He didn't reInember what IerInllion
was saying. but he was talking too iCnd.
He only saw Acniliiiou drink glass of
ginger ale thai, night. On cruss-cNamina-
ton he said he did Ipi speak to vcrmillions ).
cunpaniou. Air. termillion testified when
Oh thc stand th;t te had been III the wine
room at kcrnan's that night. No one spoke
To INN Tor being disorderly While at the
theater.
Defendant Richard Hurley testified next.
He said Nerniilion walked him up by strik-
ing him on the foot Willie he and DEMPSEY
were lying on the gIound at the Malone
lot, First ald l. streets. Nermillion struck
Dempsey on the foot several times.
dempsey jumped up, dazed like, and
tih' thN pohetludn IOAtN-
man got up and hit Dempsey over the head
and DEMPSEY threw him down again, then
stepped over the Nahone Tot fence and was
walking off sidewa Us when VerinillIon shot
him. DEMPSEY exclaimed:
MY Godi I'm shot. Go tell father and
mother!''
THEY WERE QUIET.
Hurley denied thai they we're e,iisorderly or
that they talked loudly. This was in direct
contradiction of wdtchman Newton OF the
War Department. who said he heard the
loud talking all the way across the Malone
lot.
Assistant District Attorney questioned at
length on this point, bringing out strongly
the statement that they We're quiet.
Hurley said they did not attack the Of
Ger even after Dempsey was shot, and did
nothing 10 justify arrest except to call
Vermillion names
A bad record was developed for Hurley.
He admitted that he had been in tile work
house six times, and had been fined for
assault and for larceny.
To Il Jurors Questions Hurley said there
was loud talking after Yernlillion came up,
and before the shooting.
James NJ. Miller, a reputable looking man,
was called to show that he was shot through
the neck AT l 3 in ches by a policeman and his
collar was badly powder-burned. His evil
WIS Iuith uui ds ntN NAah va -
pert. An exception was noted.
Juror Evans asked IL microscopic eN-
animation had been made by the coroner or
Dempsey sclothing to show whetherpowder-
burned.
MIR. I.ipscomb said the clothing had not
been before The cOroner's jury. They had
tried to get it before the grand jury to Sc
cure Verrnil,iun' il diCtmen but the district
attorney would not permit 1t.
T., I sfort ,rupboye of "A shoot ing gal
Ierv who ma de n number Of experiments
last Friday for the counsel for he defense,
was called to show the effect OF powder on
cloi h W hen n pistol Is fired at distances from
six inches to ten feet.
MIR. Jefrords objected strongly to the ad
mission OF this evidence, hut was overruled.
The pieces Of cloth used in the experiment
were identified and submitted to the Jury
Charles c., Hsssler and, John F. Miller,
neighbors OF defendant Davis. gave hiin 4
good character. a,+r -,
HesSler. in ansWer to Mr.. Jeffords' ques-
ton. said he HAD no alias
Mr.. Lpscornb, reuu3rked that IL he had
walked through, the district attorneys Of
flee he would h,lYe gpt one
THEY CtAIisnHIM COON"
Just then Mr. Tit+ssler had a suggestion,
frightened up aiiti said:
oh YOU mean "a nickname. Yes; they
call me Coon from my middle name. Con
rad That was ff,r fathers name, too. aud
they called him pCbon.' -.oM Coon and
Young Coon' they used to call us" There
was 4 laugh.
..New Coon" said Mr.. Lipscomb in an
uDdertone. 81"
A Juror asked Early and Davis about the
noisy talk after yenniiliun's arrival ).ariy
said he heard NO noisy talk ut Ill. Davis
said lust as Verffiliion drew to sh1nt lie
called out: Don't shooti Wen get hrn!'
Sergt Pearson and Lieut.. Hefner were
called in rebuttal to testify from expert
ments made Saturday night as to the ef-
effects of powder fired at six, twelve and
eighteen inches, also as to the possibility
of seeing a man by a pistol flash across
the Malone lot as testified by Watchman
Newton.
Cross examination developed that the
shots to show powder burn We're fired not
by measurement, but by guess. Also that
the weather was rainy SaturdayDight when
they tried to see the flash across the Malone
lot. They were holding up umbrellas. The
witnesses could see the flash of the pistol.
but not the person shooting.
Mr.. Charles L. Denham, who was with the
marty ma king the ex experiment. 4 the Ma aiione
lot, said its was dark they could .'e" ty
the electric light only the part OF he pole
Immediately around the light
DIR. E. NJ. Parker of the Emergency Hos
pitaI was called TO show that npon exanh-
nation of Dempsey just after the shooting
the ball was found 10 have ranged upward
from the hip, cutting the intestines.
After objection and exception he said
his immersion was that the pistol making
the wound was fired at short range.
Deputy Coroner Glazehrook testified
tina, he made an autopsy on Demscy's body.
he thought the bullet could not have taken
the course he found it to have taken If IT
had been fired by man standing ut another
man on his feet.
Mrs. Wellington, sister OF DeniI'sey, was
called to identify her brothers clothing.
AS she left the stand she was in tears and
said she wished she had had a chance earlier
to testify in the case.
LORD LEIGHT0N'S FUNERAL.