The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-05-13

at the corner OF King nd Pitt streets at
noan yesterday, when MT. Daniel NJ Steers
was cowhiied 10y Mrs. Lee S. Kirby for
alleged slanderous remarks.
Mr and Mrs. Kirby were represented by
Mr. S. u Rrent, and MessrS. Joseph X. Flan-
igen, jr and w Z. Fendall appeared for
MIR. Steers.
officer Knight was the first witness
called. He was a block away when the diff
fIculty occurred. but burned TO the scene
and placed Mr.. Steers under arrest, and
called or Deputy Sergt b. B. smith to take
charge OF Mr.. and Mrs. Kirby He asked
Steers the cause of the trouble, and the
latter replied: II guess the d old W
has told him something"
Mr. Brem-Did Steers call any name when
he used this expression:
4? Officer Kmght-No; but he pointed his
hand toward Mrs. Kirby, who was passing
by at the time.
Mr.. J. NJ White, who disarmed Steers,
was attracted to the scene by the disorder.
When he came out of Taskett's stUre, Mr..
steers and Mr.. Kirby were fighting. ana
he saw the revolver in the hand of the
former. He grabbed Steers arm, and the
latter surrendered the pistol, with the re-
bdkS ~ ieiulIltN ~
the store and put the pistol away. He did
did not see Mr Steers strike Mrs Kirby.
Mr. T. b. Smith was about forty feet
| away when the trouble occurred He saw
Mrs Kirby use the cowhide and saw Mr.
steers draw his pistol aud cock the weapon.
He assisted Officer Knight i'll making the
| arrest.
Mr.. j. Stanley NcaIe witnessed the diff
! q
Mr. L. II. Evans saw Mrs. Kirby lash Mr..
steers with the cowhidc, and saw steers
draw his pistol. which he subsequently
handed to Mr.. White He saw Steers hit
| Kirby. which was the only blow he saw
| passed.
Mr. william F Carne, Robert ia ckson and
| I. +. Dulaney gave substantially the same
| teStins0ay They did not see Steers strike
| Mrs. Kirby.
Mr steers was then place upon the stand
and WAS subjected 10 a rigid examination.
He was walking down King street just
| prior to the difficulty and crossed al the
| intersection Of King and Pitt streets
The first intirnation had OF the intention
| OF Mrs, Kirby was when she assaulted me
| retreated to the sidewalk on the north side
| OF the street and defended myself as best
1 4 tOulb NY piStJ1s bul f.ullICu u
TO a bysianGer, with the remark that L
could lick him without a pistol was on
| my way to the country and had put the
| gun in my pocket on that account. | saw
| Mr. aud Mrs Kirby coming up King street
and crossed diagonaIly to avoid meeting
1 them
| Why did you want TO avoid meeting
| them." inquired Mr. Brent.
4 7 70 hn
The Mayor-The question is a perfectly
proper one There must have been a cause,
and the witness must answer the question
| Mr. Steers-He had made threats to
| shoot me.
Mr.. Brent-Wheredidh he make the threats?
| Another objection 10y Mr Flanigen was
| uSerruled. and MT. Steers stated that MI
| Kirby had, during a conversation at the
| iatter's home, on Monday last, threat
ened to shoot him On sight This was in
| the presence of two other gentlemen
| Messrs Kyne and Crockett
When interTogated 10y Mr.. Brent, MI
Steers refused to state why Mr Kirby had
| threatened to shoot him, and the question
was repeated 10y the mayor.
| Mr.. Steers-I had said sonnet hing TO Mr..
Kirby, and he asked me if l could prove
1 WtlaA eNlu- II was III ItBdtI 10 Il pre-
| vious conversation.
| Mr.. Flanigen again ob iected to his client
| being placed in an insinua tin & post ion. Mr..
BrentiRsisted on kno wing whatthe remar ks
were which Steers was TO prove, when he
was again interrupted toy an Objection
from the defendants attorney,
Il mean to prove, your honor" said Mr..
Brent, - thatth assault was provoked, and
that Mr. and Mrs. Kirby would have been
Justified in putting him sixteen feet under
ground
1 The mayor then questioned the witness
by asking him if he had said discriminating
things about Mrs Kirby, and steers an,
swered II did"
The witness also acknowledged that he
referred 70 Mrs. Kirby when he used the
term, d old W, TO officer Knight.
He denied having cooked his pistol, and
only struck Kirby after they clinched The
| remarks that he made rejecting on Mrs.
Kirby were made TO her husband; he had
not made them so anyone else.
This closed the testimony. Mr.. Brent
| stated that he did not wish to put his eli
ents on the stand. Every point OF the de
fense which could have been Offered had
been admitted by Steers Mr.. Brent was
| severe on the man, whom he charged viii
attempting to break up the peace and zap
piness OF a contented household. - TiS
not the spirit of the One above which per
| vades the heart Of this man, but of th,
| one below" He ASKED that the charge OF
ass auit against Mr. and Mrs Kirby bt
dismissed.
Mr. Flanagan urged that his eli ent bt
dismissed. He ha donly defended himself
as any ma nwould have done under similar
| circumstances. II Steers had made the
| remarks charged TO him reflecting on Mrs
Kirby, and in the presence OF her hus
band, it seemed strange that it required
tbre edays for him to muster courage tt
resent the insult. When Steers had mad
the assertions, when they were made
was the time and place for the husband
to act in the defense OF his wife.
MIR. Flapigen was ready and willing tC
shed his blood in the defense of the fail
women of the Old Diminion, but in the
investigation before the court it was sim
ply a question of self-defense.
During his remarks, referring to defend.
ing the good name of the women, tbs
spectators attempted to applaud, which
was promptly suppressed by the court
In reply to a question by the mayor
Steers stated that he had only called a
the Kirby house twice, the last occasion
being Monday at the solicitation of Mr.
Kirby.
Mayor Thompson then disposed of tn,
case by imposing q fine of $50 on Mfr
Steers for carrying concealed weapons ant