Evening star., 1897-01-26
Trying to Prove Mr.. Doniphan Had a
Pistol.
A FARCE IN THE MAYORS COURT
The Trial Ends in the Discharge of
the Defendant.
OTHER MATTERS OF INTEREST
Evening Star Bureau,

hours to make up his mind to discharge
from custody A. S. Doniphan, who was ar
rested on a charge of carrying concealed
weapons in the city of Alexandria. The
charge was brought against him by Con-
stable Will Webster In the police court
Saturday, and the case was continued until
Monday night. That the case was trumped
up against Doniphan, growing out of de-
sire to persecute an agent of The Star and
an active member of the Citizens Law and
Order League, seemed very clear at the
trial last night Mr.. Doniphan was repre-
sented by Mr.. James R. Cation and Judge
L. D. Yarrell.
Constable Webster, the first witness. stat
ed that Will Bailey made the complaint to
him, and he had sworn out the warrant.
Bailey, it will be remembered, was the only
witness in the case Saturday night, and it
was continued for want of evidence. Geo.
Chichester testified that Bailey had called
his attention to the pistol in Doniphan' s
pocket; that he had walked up behind
Doniphan and put his hand on it, and was
positive it was a pistol. Chichester said he
had seen a pistol in Doniphan's pocket on
more han one occasion.
Ed. j Illus, a colored man, the next wit
ness called. said that he had seen Mr..
Doniphan leave the court room on the
night in question. and that Bailey had call
ed his attention to the fact that Mr.. Doni-
IL
examination by Mr.. Cation he stated that
he did not see pistol on Mr.. Donipftan.
j. w. Yates testified last night that he
had seen Doniphan with pistol in his
pocket more than one occasion, but
could not say that Doniphan had ever
carried a pistol in Alexandria.
Will Bailey, a colored man, employed at
the ST Asaph race track, to which place
conducted in this city has been removed,
took the stand and told about the same
story he did Saturday night, an ac-
count of which appeared in last night s
Star.
Mr.. Doniphan was then put on the stand
in his own defense, and reiterated his de-
nial of Saturday night Mr. Doniphan
stated that he came to town to attend the
the corporation court room. and did not
have a pistol on his person. He told CT
buying some fruit, and the bag bursting,
and his being compelled to use all his
pockets to stuff the fruit in.
J.W. May testified that he sat on the night
in question alongside of Doniphan. whose
overcoat was off. Doniphan got up once
or twice, he said, AMI witness was amply
able TO see a pistol if Doniphan had it,
but he did not see one. but did see that
fellow Julius tampering with witnesses IN
the policy cases. said Mr.. May.
Mr.. w. H. F. Beckham testified that he
had known Doriphan several years; had
never seen a pistol on Doniphan in Alex
andria, but had seen red leather note
book hundreds of times in his right hip
pocket; that this book stuck out, and might
make the coat bulge SO as to resemble the
butt end of a pistol. Lieut.. Smith said he
saw Doniphan on the night IN question, but
did not see a pistol on him; said it was next
to impossible for any one to say that any
my pocket" said the lieutenant, as he
leaned carelessly over the rail, but no one
could see it OR swear to it."
Mr.. Frank Marbury said he sat next TO
Doniphan and saw no pistol.
DO you think you were in a position to
see pistol if Mr.. Doniphan had it in his
pocket?" asked Mr.. Cation. It do" Then
you don't think he had one?" No, SIR
said Mr.. Marbury. Mr. Rucker of Alex
andria county said ne had known Doniphan
for thirteen years and had never seen him
with a pistol. Il knew that Mr.. Doniphan
was agent for The Star and often made
large collections, and 1 wondered why he
did not carry pistol for protection. Doni-
phan has often told me that his crutches
were his only weapon"
]. E. Supplee testified that he was with
Doniphan on the night in question and was
positive that Doniphan had no pistol. Mr..
Supplee testified that he had seen Doniphan
stuff the fruit in his pockets and had ample
opportunity of seeing pistol had there
been one in his hip pocket, as charged.
r. E. knight testified that he had often
seen Doniphan empty his pockets, looking
for bills, but had never seen him take out
pistol.
The attorneys presented the case to the
mayor without argument. and to the great
surprise of those who heard the testimony
Mayor Thompson announced that he woult
reserve his decision until this morning.
Frank McLaren. who is serving a SEN
tence of sixty days in Jail, with a fine of
$3.50. for promoting policy and gambling,
and Edward Shoch, who is serving thirty
days in Jail with a so fine, on the same
charge, were released from Jail by Mayor
Thompson TO appear as witnesses in the
DOn1nh0n
called. They sat ON the bench in front of
the mayors desk during the trial, and
we're sent back to the jail as soon as the
trial was over.
John Clark's Case.
The case of John Clark, charged with
running a gambling house in Alexandria
county, which was appealed from Justice
Supplee of Alexandria county, who fined
Clark $3.50 and sentenced him to ninety
days In jail, will come up for trial in the
Alexandria county court before Judge Chi
teresting facts will be the result The case
as presented before Justice Supplee, is said
to have been made much stronger by Sc
curing additional valuable testimony There
Is quiet rumor to the effect that some
sensational features will come out at the
trial. Citizens League members and their
attorneys are non-communicative on the
subject but the smoke can be smelled and
the blaze is bound to break out ere long.
Members of the Citizens League saw that
they are more determined than ever to
break up the lawlessness in Alexandria
country, which has existed so long yir-
tually under the protection Of the law.
Corporation Court.
The criminal cases in the corporation
court have been set for trial as follows:
Albert Yarboe and Ernest Travers, breaking
and entering car and stealing a watch
from Mr.. Harry Smoot, February 8; Ruth
Carroll, infanticide, January %; ]. Cronin.
John Murray and F. T. Linney, highway
robbery and attempting to kill Officer
Atkinson and Lieut.. Smith, January Is:
Addison Alexander, selling whisky without
license, January p; Harry Simpson, rob
! bing John Ponder of $780, February 2; Har-
ry Sims and Frank Hayes, assaulting an
officer in discharge Of his duties, February
l; Margaret Alexander. selling liquor with
out license. February 8; Talkus Tate, VIM.
Gambril and VIM. Saunders, housebreak-
Ing In the night, February 1; VIM. AIRING
ton and John Henderson. robbing Frenchs
book store, February 8; James Reed and
Matt Williams. housebreaking, February
8; John. alias LUNCH" johnson, assault
with intent to kill Oficer Lyles, January
80; John Triplett, perjury before the grand
jury. January 20. and Wesley Williams,
January %.
Dali