The herald., 1897-03-26
After Six Months Delay a
Case Is Heard
DILAT0Ry TACTICS EMPLOYED
MISSING WARRANT AND LONG
DELAYED ARREST
8. H. vinnelle Tried for Battery Upon
William Maybury in August
Last--Under Amusement

A case that presented some peculiar
features was on trial in the police court
yesterday before Justice Morrison, be-
ing the trial of S. II. Vinnelles formerly
deputy under Constable Yonkin, who
was accused by William Maybury with
a battery committed upon him on the
18th day of August last. Although May
bury has used every effort to bring the
case to head, owing to the dilatory tac-
tics employed by the district attorneys
office and the "loss" of the warrant of ar
rest, 1t required six months before he
could tell his story of assault in court.
Maybury was formerly employed as the
advertising agent of DR.. T. Foo Yuen,
but on July 81 last their business rela-
tions ceased. On August 12 the physician
was moving out of the quarters he had
occupied, as Maybury was still living
there, and he wished to sever all rela-
tions with him. Maybury was away
when the moving process commenced.
but arrived in time to find some of his
furniture being loaded onto drays under
the Supervision of Deputy Constable
Vinnelle. He interfered and a quarrel
ensued between himself and the officer.
Vinnelle, throwing him to the ground,
pointing a revolver at his head, beating
his head against a wall and otherwise
maltreating him. AS solace to Siis in
jured flesh and feelings, Maybury
sought the district attorneys office the
next day and told" his story to Deputy
w. p. James.
He asserted that James would not is
sue a complaint upon the representa-
tions of himself and wife, who was a
witness to the AFFAIR, and it was only
after several attempts and the produc-
ing of the truckmen who had been NOV
ing the furniture to substantiate his
story that finally, on the Sth of Septem-
ber following, he was given complaint
by Mr.. James. This complaint was
sworn to by him in Justice Morrison's
department of the police court before the
now missing clenk, w. w. Everett. On
the court records the complaint Is
spread, with the entry, Warrant is
sued" but to whom the warrant was de-
livered is unknown.
Neither the police nor the constable's
office have any record of its delivery 10
them, and 1t Is possible that Everett
never turned the document over to any
officer, simply holding it through negh-
gence or for a purpose. At any rate,
no arrest was made. Along In January
Mr.. Maybury consulted the district at
torney's Office again, but got little satis-
faction and appealed to the grand jury
then in session He claims to have
been informed by the foreman of the
jury that Instructions were issued by
the district attorneys office to disregard'
his case altogether. as it was a misde-
meanor complaint I'D without their
province of investigation.
Finally Maybury went again to JUS
tice Morrison's court when Justice Ros-
sitter was at that time sitting, and upon
showing that the original document
could not be found, an alias warrant was
issued on February 9th last This was
given 10 the police to serve. Again
Mavbury waited to hear of the arrest,
but II come not. He consulted Chief
Glass. who found that the warrant was
unserved for the reason that the De
fendant named could not be found. Vln-
nellie had been out of the city, and al
though search was made for him he
could not be located. On Monday last
Vinnelle came into the station and gave
himself into custody, hearing that he
was wanted. Trial of the case was set
for Thursday and he was released on
his own recognizance.
At the hearing yesterday Maypury
was represented by Judge j. Noonan
Phillips, Deputy District Attorney
Willis appearing as assistant counsel Tor
on the August day was told and retoid'
and at the close argument was opened.
Judge Phillips prefaced his remarks by
saving that while he appeared in con-
junction with the district attorneys
office, he could not but say that the delay
in the case had been remarkable. he
roundly scored Vinnelle and the whole
tribe Of deputy constables and like petty
officials and papeuckers and nincom-
Moons. etc, who were legalized to carry
a gun and bluff and browbeat citizens
under the cloak of their miserably small
authority, but who none Of them dared
to shoot. He asserted that the attack on
Maybury had been made without provo
cation, and that the victim had since
suffered from hemmorrhages Of the
lungs as a result of the choking and
treatment received by Vinnelle sitting
on his breast. After argument for the
defense, the matter was taken under
consideration by the magistrate, who
annouced that he would give his de-
cision Saturday afternoon at 10 o'clock
Thus the six months old case has at
last been tried.