The record-union., 1897-10-01
MERRILL APPEARS IN COURT
ARMSTRONG TELLS HOW HE
WAS GAINED.
Defendant Introduces Such Evil
dence as He Wishes, Despite
Protests.

on the head with a heavy cane While
the latter was peaceably walking
through Capitol Park in company with
Frank Featherstone, proved drawing
card in the Police Court yesterday
morning.
The alleged battery, full account
Of which appeared in the Record I'm
ion," took place on Friday evening OF
last week, and the arrest of Merrill
followed the ensuing day.
Judge E. A Bridgeford and r. c.
! McCabe appeared for Merrill and
moved for further continuance, which
was denied City Attorney Brown con-
Quoted the prosecution.
/ r. Z. Armstrong. the complaining
witness. testified that he, in company
with Frank Featherstone, entered the
Capitol Park at the Eleventh-street en-
trance Friday evening, and had got
only about half way to the Capitol
| building when they We're met by Mer-
| rill, who brandished a cane in one
hand and a revolver in the other. The
witness was trundling his bicycle and
/ he ana his friend were walking
/ Merrill, the witness stated, ordered
| them to get back, and they inquired
why. For reply the policeman gave
the bicycle a vicious kick and again
ordered them out. They again inquired
why such q proceeding was required,
and for answer Merrill whacked the
witness over the head with his cane
twics the last blow breaking the pipe
in his mouth.
The witness testified that he had seen
a number of wheelmen at the Eleventh
street entrance to the park, but that
/ he did not know what they were there
! for and did not ask any questions.
/ Neither he nor Featherstone had even
! spoken to Merrill before he attacked
them. Merrill, the witness said, or
dered him off of the sidewalk after he
! had hacked out of the park.
| A rigid cross examination failed to
shake Armstrong's story.
Frank Featherstone's evidence was
eorroborative of that given by Arm
strong in every particular. Merrill, he
said, had raped him over the shoulder
with his cane, leaving a welt that
showed the next day. He was afraid
! he would be shot and looked out for
! the sun.
E. J. Devlin, city editor of the "Bee," !"
! testified to having seen Merrill assault
Armstrong, and his story was corrob-
orative of that told by the preceding
witnesses. He stated that he had Sc
cured the names of the boys who had
| been attacked, and was standing on
I the sidewalk on l. street, near the
Eleventh-street entrance, when Merrill
came out and said:
! who are your
The witness thought the question a
/ nd a'ftav fnn6ar-i0o Nor
rill his card, which was declined. in
quired of Merrill who he was. Merrill
said he could find out at the Secre-
| tary of States office, and then walked
away.
| On cross ss-eXamination the attorneys
| for the defense had things their own
way The Justice allowed questions of
all sorts and descriptions which had no
bearing on the case and which were
vigorously objected to by the City At
torney.
The defense succeeded in finding out
that the witness had written an ac-
count of the event, and that he con-
sidered it an outrage, and that he was
interested in the matter to the extent
of getting story for his paper.
Merrill in his own behalf, and in the
| ldCe VI ODJtCllOnS llOAll ilhC lily NJ
torney, which were overruled by Jus
tice Davis, though many of the ques-
tions asked were entirely foreign to the
matter in hand, and five out of six
were leading, testified that on the
Wednesday evening before his attack
on Armstrong a number of wheelmen
rode twice around the Capitol building.
and had started around the third time
| out because the bells they carried on
their wheels made too much noise.
When they left they hooted at him,
and one of them said: "Good-by,
grandpa, We'll see you later
The next evening, the witness said,
number of wheelmen had ridden
around the building and he had also
turned them out, though the heavy
bells were not in evidence. Again on
Friday evening he had turned a num-
Der OF wheelmen out of the park and
these had congregated at the Eleventh
street entrance, when the boys, Arm
strong and Featherstone, entered and
he had driven them out with his cane
and revolver. He admitted having
broken Armstrong; pipe with his cane.
The witness further testified that a
number of people. within the last three
| years, had been run over by wheelmen
but in an attempt to prove specific
acts, an objection by the City Attorney
was Gnally sustained.
On crcss-examination the witness tes-
tilted that at the time he took the oath
of Office he understood that he was ex-
pected 10 keep order. but had never had
any specific orders from the Board of
frx-. ~
ever, that Secretary of State Brown
had t7ld him to remove anybody dis
turbing the peace.
The witness further stated that he
had received no orders from anybody in
relation 70 bicyclists, and had never
received orders other than general ones
from the board. When asked why, if
the boys were committing a breach of
the peace. he did not arrest them Mer-
/ rill said he did not desire 70 do so.
though he thought he had a right to do
so on the ground that they were resist
ing an officer. He said they were re-
sisfing him in that thay did not run
when he told them TO- but he admitted
that they had not laid hands on him
or attempted violence
When asked what right he had to
order the boys to go back. Merrill re-
piled that he supposed mischief was
brewing. He had a bare suspicion that
something was wrong. and for that rea-
son he had ordered them to turn back.
There We're a number of men standing
at the Eleventh-street entrance who
were arranging to make demonstra-
tion against him. and he thought the
two boys We're sent forward to open
proceedings.