Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-01-31
HEARING THE DEFENSE
Davis and Early Testify in Their Own
Behalf q ~
Progress OF the Trial of Men Ac-
cused of>uAssaultins Police
VI
mnn yermlnion.

The trial Ct John Early. alias Jimmy.
John, Richard, Hurley. alias George Nc
Carthy and Maurice Davis, charged with
assaulting Policeman William Vermillion
tie 22d of last September. was resumed
before Judge Cox in Criminal Court No. 2
this morning. ,--.-, .-s.,- s..
After The Stars report of the case closed
yesterday, Joseph OBrien. a newspaper re-
porter testified that he saw the officer at
the Emergency Hospital, and noticed that
his clothing was torn and his face bruised.
Policeman Dalrymple testified to respond
ing to MIR. Vermillion's distress call, find
ing Dempsey, who had been shot by the
the fence, and the defendants standing by,
acting in disorderly manner. At the re-
quest Of Vermillion, he took Hurley to the
station house. He saw no keg OF beer. He
heard the shot fired, and heard distress
whistle blown after it. Roswell Hainey
gave similar testimony.
This morning Nathaniel Kent, a special
officer testified to meeting Early shortly
after the shooting, when Early told him
that an attempt had been made to do Yer
million up, and that he had been in the
scrap. He told the witness that he was on
MS way to surrender himself as he knew
it was no use to try to get away. Early
appeared to have been drinking.
Daniel McDevitt testified as to the torn
condition of Velmilion's clothing and as
to his bruised face Policeman William
Riley stated that he responded to Vermil-
Hons distress call. He found Dempsey
lying on the ground near the fence. ours
irs Vermillicn. and threatening to do him
up when he recovered. Davis and Hurley
were also there, as were Officers Dalrymple
and Gordon.
He placed Davis under arrest and took
him to the station house, Davis saying that
Vermillion had shot Timothy Dempsey.
While he was at the station Early came in,
inqIiring If there was warrant for his ar
rest. He was told there was not. but was
subsequently locked UP. when he became
very indignant. saying that he had prevent
ed Dempsey, Hurley and Davis from doing
Vermillon. He also said that there had
been previous trap laid for Vermillion,
but that tie officer had failed to walk into
Della Pointe, a reporter: Policeman John
Hetrien and Officer Vermillion were also
examined.
The prosecution then rested its case, and
the defense opened.
Geo. S. Newton, a watchman: Mrs. Lillian
Cooley. who lives near the scene Of the
assault, and Mrs Catharine Flynn were
examined. and contradicted Eermillion in
several particulars.
Thomas ODonnell and Chas Townley
boss bricklayers, were called for the pur-
| pose of stating that Vermiliion had SIX
| days previous to the shooting declared an
| intention Of shooting an freshman III
Swamppoodle. Judge Cox. however, re-
| fused to allow the witnesses to testify. for
| the reason that no foundation for the con
trauictlon OF Vermlilion had been laid.
| Several witnesses testified as to the good
| reputation of Davis, and the latter then took
! the stand in his own defense.
He said that he, Dempsey. Hurley and
| Early were talking together when Yer
million came up. Dempsey was lying or
the ground. The officer told them to move
| on, and, going over to Dempsey, tapped him
on the feet with his stick. Dempsey jumped
| up, ard he and Vermillion clinched. Demp
! sey hit the officer, knocking him down, anG
| Fermillion struck Dempsey over the heat
| with his stick. Vermillion called on Early
| for assistance, and the latter separated thu
| two men. gu.
Then Dempsey moved away from Yer
| million, and when about eight feet away
| while half turning, Vermilion pulled hi!
| revolver and fired at him. Dempsey stag
| gered, exclaiming that he had been shot
| Davis said he went to him, not believing
| that the man had been shot, but soon fount
| that the ball had struck him in the thigh
| After the shooting Vermillion blew his dis
| tress call. None of the party were dsor
derby. said Davis. and none of them as
| saulted Vermllion.
| Early next took the stand, and his yer
| sion of the difficulty did not MATERIAL,
| differ from that given by Davis.
| The trial was adjourned shortly after
! o'clock until Monday morning