The record-union., 1896-01-25
TOM CURLY WAS CONVICTED.
Will be Punished for Battery and Dis
tuFbins the Peace.
BE is the Tough Who Gave Officers
Bagley and Douglas Such a
Lively Fight.

n. Curly was tried in the Police Court
yesterday on charges of petty larceny.
battery and disturbing the peace, ana
was convicted on the last two charges
Frank Moore of the Pullman saloon
testified that while he was busy IN the
front part Of the saloon, Curly went
back and took a hammer. One OF ms
friends told him that Curly had stolen
the hammer. and he told Curly he
wanted him to bring it back curry
called him vile names, knocked nm
down and kicked him, cutting his mead
Several witnesses testified that Curly
came into the saloon, took the hammer
and put 1t down in the waistband or
his trousers, pulling his vest down over
it. He said he wanted to use II lhal
night. and would bring it back. A man
named Black tcld him he had better
speak to the barkeeper about 1t, but ne
did not do so, and went out Of the place.
Curly swore that he occasionally went
into the saloon. He did not remember
anything about the hammer, as ne was
intoxicated. He had no use for ham,
mer. Had not been looking for man
named Hornlein and did not intend TO
use the hammer on him. He did not
leave the hammer in the Favorite saloon
when he went there later to wash his
hands.
The battery charge against him was
next taken up and Moore gave the same
testimony as before. He was simply
trying to hold Curly till an officer came
and did not strike him. One of Curly's
friends caught hold of witness leg and
threw him and then Curly struck him
and kicked him several times in the
face.
J. B. Hendrick said he was with Curly
when Moore took hold of him. He
thought they were joshing, even when
they grappled Curly said that he had
no hammer. Witness denied having
pulled Moore down during the fight
He had asked Curly to lend him coat,
as he had got a job as waiter in a res
taurant here.
Curly swore that Moore came out of
the saloon and grabbed him and
smashed him in the eye, saying that ne
(Curly) had taken his hammer. Witness
denied having the hammer and they had
a fight. He denied kicking Moore in the
face or calling him q vile name. Some
one kicked him (Cur1y) during the fight
and Mo6re blacl1ed his eye. He did not
get his bruises during the struggle with
the police.
The charge of disturbing the peace
was taken up next, and Officer Bagley
testified that he and officer Douglas
went to arrest Curly after Moore came
to the Receiving Hospital to get his
hurts dressed.
When he found Curly and told him
that he was under arrest, Curly rushed
at him like wild man and tried to bite
and kick him. Officer Douglas came in
while they were struggling and helped
make the arrest. He fought while being
handcuffed and shouted out the vilest
abuse while on the street, on his way to
the station. He called officer Douglas
vile names and threatened to kill him
the first time he met him.
Officer Douglas testified that when he
came into the restaurant where Curly
and Bagley were struggling, the former
had Bagley by the throat. Witness had
to beat Curly in order to subdue him,
aud he abused witness and threatened
his life al the way down the street. He
did not think Curly was drunk. On a
former occasion, when he arrested him.
he went along quietly.
Curly claimed that he did not hear
Bagley say that he was an officer and
did not know that he was. When Doug
las beat him and he recognized him as
an officer, he gave UP. He admitted
using bad language on the street.
The court found him guilty of battery
and disturbing the peace, but said that
he had some doubt as to his intention
to steal the hammer He would dis
charge him on that charge, but find
him guilty on the other two. He will
fn-dau