Evening star., 1897-05-13
SAID IT WAS SPITE WORK
A Lively Hearing in Police Court This
Morning.
An Ex-Arny Omcer ~ Counsel and
an Admiral of the Navy In
the Witness BOX.

eral months past between Policeman L. J.
Brennan and the cabmen who occupy the
stand near Dupont Circle. On complaint
OF Brennan a large number OF drivers of
public vehicles have been In court at inter-
walls since January 1 last. charged with va
rtous violations Of the police regulations.
The cabnen claim that the arrests were
the result Of spite work on the part OF the
policeman. and the latter was before the
trlal board recently at their instance.
doStlntleS were renewed TODAY when
Poiiceman Brennan took Ross Selman into
court and charged him with obstructing
tne Tree passage OF an alley In the rear Of
street. Selman Is the proprietor of a
livery stable. and a driver in his employ
was arrested by Brennan a few days ago
and fined in court
The policeman testified that at all times
carriages owned by Selman obstruct the
alley. and he was corroborated oy several
witnesses who have occasion to daily pass
through there.
Capt. Fuller. formerly an officer In the
united States army, endeavored without
cessation to show malice on the part Of the
policeman. alleging that he had been fined
and reprimanded by the police trial board
Tor prosecuting the hackmen. Such state
ments and questions. however, were ruled
by the court to be irrelevant
When the last witness for the prosecution
look the stand the hearing assumed an .:.-
teresting phase. The witness was Com
mander Hemphill of the United States navy.
the rear of whose residence is near Sell
mans stable In many respects the tes:i-
mony of Commander Hemphill was similar
10 that of the other witnesses In addition
ne said that his fence has been injured and
shutters torn from his back building con-
stantiy by loads OF hay on the way to Sell
mans stable.
I'm order to show the nature of this wit
ness. your honor" said Capt Fuller late
of the army. of Commander Hemphill OF
IN Sfrof 70 hat hn &c
possessed of an ungovernable temper 1 will
say that he has challenged me to fight a
duel. / did not accept. merely out of COM
passion for him."
Thanks" remarked Commander Hemp
hill. with a smile that some folks would
have considered sarcastic.
This case. on the part of the defense,
has become ridiculous" said Prosecuting
Attorney Pugh, rising: land, your honor.
must object to further proceedings Of this
character"
Selman took the stand in his own behalf
and endeavored to show that he had not
violated the law. and a witness, Rufus Mil
Ter, made statements that tended to show a
proper state of affairs in the alley.
Capt. Fuller then addressed the court
arguing that Selman had not knowingly
violated the law, and that the violation il
such, had caused no Inconvenience. He
spoke at length about malice. reiterating
that the arrest was spite work on the part
of Policeman Brennan. 1t was intimated
jury. alleged to have been committed in
connection with the hearing.
Prosecuting Attorney Pugh then made
the most spirited speeches heard in the
Police Court for a long time. handling the
case and its details without gloves. "A
great deal has been said this morning
about spite work." said Mr.. Pugh. IF
there is any spite work. 1t is clearly on
the part of the attorney for the defendant
In every one of the twelve or fifteen cases
against these hackmen Captain Fuller has
appeared as attorney. / might say why it
Is that he Is retained, but 1 do not care
to indulge In personalities.
Your honor is aware that he has not
appeared in any other case in this court.
and he has concentrated his efforts against
Policeman Brennan.
Not contention advanced by Captain
Fuller In any one of these cases." con-
tinued Mr.. Pugh, has been sustained.
In fact. he has been turned down by every
tribunal before which he has appeared, and
all his clients have been convicted. He is
the only one, 1 submit, who exhibits any
malice"
Your honor. L" began Captain Full
ler. but Mr.. Pugh was on his feet instantly.
Il have the right to close this c4se."
said the prosecuting attorney, land l have
closed. The other side has no right to
say another word"
Il just want to say, your honor" Cap
tin Fuller began, whereupon Mr.. Pugh
almost shouted:
Il submit that that is contempt of court.
You have been told to take your seat. II
you say another word shall ask for the
imposition of a fine"
Captain Fuller made no further effort to
address the court, and Judge Kimbal pro-
ceeded to dispose of the case. In making
the arrest Policeman Brennan merely dis
charged his duty. remarked Judge KIM
ball. and 1t was the intention of the court
to uphold him in so doing. The usual fine
in such cases was S. but he would require
Selman to pay double that amount. The
fine was paid.