Evening star., 1897-02-06
The Alleged Broken Arm Of Madge
Fisher.
CHARGES AGAINST TEE POLICEMEN
Attorneys Mixed Up and Conflict
Ing Evidence Probable.
MEDICAL EXAMINATIONS

were disappointed tOQay Wnen the cases
involving the alleged questionable conduct
of Policemen Mellen and Carlson of the
first precinct in making an arrest in the
Division Thursday evening last reported
in detail in The Star yesterday, were con-
tinued until Thursday next.
The matter was called up when Police
man Archibald Mellen was arraigned on
an information setting forth that he as
saulted Madge Fisher. Policeman Mellen,
in tones full of emphasis, pleaded not
guilty, and waived the right to a jury
trial. saying that he was satisfied to have
the judge dispose of the case. Prosecuting
Attorney Mullowney then asked for a con-
tinuance. He said that he desired to show
how brutally the girl had been handled by
Policeman Mellen. and as the case had only
been brought to his attention this morn
ing. ne had not had sufficient time to make
thorough investigation.
Attorney Oscar Nauck, who appeared for
Poilceman Mellen. opposed the motion for
a continuance. He wanted the case tried
today, he said. However, Attorney Nauck
went on to say, If the prosecuting attorney
was OF the opinion that he could prove
mat the girls arm was fractured he would
willingly agree to a postponement A con-
fict Of medical testimony could be ex-
pected, stated Attorney Nauck. Policeman
Mellen, though, would be able to show by
the surgeons at the Emergency Hospital
and by other experts that not the sem
blance of a fracture existed. In the opin
ION OF Attorney Nauck. the case was
brought to the attention of the court
merely as a scheme to advertise certain
parties whom he would not mention bv
name.
When will yol be ready to try the
case?' asked Judge Kimball
Ihe latter part of next week." re-
piled Mr.. Mullowney.
WHY not MOnday2, ipouirad a++or,o,.
Nauck.
Il would gladly try it Monday" explain
ed Mr.. Mullowney, but l am rather un-
certain as to my status l do not know
whether Mr.. Davis will be confirmed as
district attorney. and in the event that he
Is, whether he will reappoint me to prose-
cute in this court. 1t seems unlikely that
we will be able to hold court Monday in
view OF the existing conditions of things as
regards the district attorneyship'
III was thereupon agreed to have the
hearings Thursday next. All the parties
In the case were In court today.
Mixed Up.
The hearing Thursday will be interesting
in that Prosecuting Attorney Pugh and
Prosecuting Attorney Mullowney will en-
gage I'm the unusual proceeding of oppos-
ing one another. Mr.. Pugh, from the Dis
trict branch Of the court must necessarily
prosecute Madge Fisher for vagrancy and
uphold the policeman. On the other hand.
Mr.. Mullowney, representing the Unitea
States branch of the court is called upon
to prosecute Policeman Mellen and at tbe
same time uphold the girl. Then, again. At
torney Siliers will participate in the pro-
ceedings as counsel for the girl and prose-
cute the policemen, and Attorney Nauck
will be present to defend the policemen and
to prosecute the girl.
1t is claimed in behalf of Madge Fisher
that the testimony of Charles Anderson a
colored man who is employed at the first
precinct police station, will be most i'm
portant and conclusive. Anderson preced-
ed the girls to the house Thursday evening.
In company with another colored man
named Brumbell. They went there for the
purpose of taking a trunk, in which the
girls intended to remove their clothes and
other belongings that happened to be in the
house OF Lucy Stewart. Anderson and
Brumbell late yesterday afternoon were
summoned into the presence of Major
Moore at police headquarters, and called
Upon for statement Of what they knew
in regard to the case. Both men declared
emphatically that they could swear that
Policemen Mellen and Carlson were in the
rear parlor of the house, 3O5 18th street,
at the time the girls arrived at the house.
From personal knowledge of the two men,
the policemen were there at least ten min
utes before the girls put in appearance
This Is diametrically contradictory to the
statements of the policemen and Of Lucy
Stewart, the proprietress of the house, all
of whom maintained that the policemen
were patrolling their beats when the girls
arrived at the house. They were sum-
moned, it Is claimed because Madge Fisher
grew disorderly.
Why. it is asked by those interested in
the girl, was she charged with vagrancy
when she was arrested in the house and
not on the street? From all the statements
of the policemen, the girl was disorderly.
1t is set forth then that if the arrest was
proper the charge should have been dis
The Alleged Fracture.
Madge Fisher, late yesterday afternoon,
was put under the influence of chloroform
and careful examination of her injured
arm was made by two surgeons, who acted
at the request Of Attorney Sillers. These
physicians claim that they found and are
willing to reiterate under oath, Barton's
fracture Of the left wrist, an injury which
they claim is very painful The alleged
fracture was set in plaster.
Dr. Hooe of the Emergency Hospital, who
attended the girl soon after her arrest
Thursday evening, and who has been sum-
mcned as witness in the case stated to a
Star reporter today that he will say under
oath, that when the girl was dismissed
from the hospital the arm was not frac-
tured. If any fracture exists according to
Dr. Hooe it occurred after Madge Fisher
passed from his treatment.
Possible Evidence.
Attorney Nauck says that he will see to
1t that the arm Is examined in court by the
most skillful surgeons obtainable and he
thinks he can prove that the member is
not fractured.
Policeman Mellen and Carlson and Lucy
Stewart charged that Madge Fisher was
very much under the influence of LIQUOR
when she called at the house Thursday
evening In contradiction thereof Attor-
ney Sfllers claims that he has a large num-
Der OF witnesses who will swear that the
girl was entirely sober. Il saw her soon
after her arrest" said Mr.. Sillers, "and /
am willing to go on the stand and say that
the girl was sober. Why, the policemen
who happened to be in the station house
when she was brought there were sur
prised. and wanted to know why she was
arrested"
1t Is understood that several policema,
will be summoned to testify as to the sober
cor dition Of the girl Dr. Hooe of The
Emergency Hospital says that he is 5not
able to swear that the girl had been drsnk
Ing prior to her arrival at the hospital
No formal charges have yet been filed
against Policemen Mellen and Carlson. ana
their case wilt not be brought 10 tne 49,
tenticn Of the police trial boaryf-as ieasf
not until after tho matter is disposed OF
IN the Police Court. The friends Of the
girl think that II the trial board took