Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-26
ON TRIAL FOR ASSAULT
Officer Lee &. Witt of Police Force
Accusation.
Alleged That without Provocatsen
the Policeman Knocked . Maa
Senseless-Evfdeace Adlduced.

precinct station was today placed on trial
before Judge Scott and a jury TO answer
the charge of having committed an assault
and battery on Benjamin Hall. colorcd
October Is last. The case has been set for
trial four or FIVE times and as often con-
tnued for various reasons
AT the trial Prosecutor Mullowny repre-
scented the government and Lawyer Nc
Naliy was counsel for Witt. Trial Officer
rusn was also present by assignment OF
the District. to see that the policeman got
all MS rights under the laws OF evidsn
Alter the jury was called into the box
ar. McNally exercised his right of chal-
lenge, and asked that the two colored mem
bers Peter G. Green and Clement Robinson
be excluded. Judge Scott granted this and
the vacant seats were taken by Henry r.
Kin and Harry Sands. As completed and
accepted the jury was composed entirely
of white men.
Benjamin Hall. the prosecuting witness.
testified that the evening OF the alleged
assault hi was a participant in a concert
at the Seventh Baptist Church. George
town. He had gone out of the church dur
ing brief intermission, he said, 10 smoke
a cigarette. and was ordered back into the
church by Officer Witt. Hall hesitated a
moment, but then turned TO comply with
the order, when the officer he said quietly
slipped up the stairway behind him. He
tSrnea 10 see who was following him. when
the officer struck him In the head with
something, but what Il was he did not
know. He was rendered unconscious and
suffered from the effects of the blow for
several weeks.
Halls Admissions.
On cross-examination. Hall admitted
that he had been convicted Of disorderly
conduct fighting dogs and fighting. but
claimed that he had not been arraizred for
anything more serious.
Annie Tinney corroborated Halls evil
oehce and addet that after the cffioe
knocked Hall down he again struck him
and told him to get up. She denied the
fight at the church.
Anthony Fox and Andrew Brooks testf-
ned that the policeman made the arsault
on Han with a billy without the slightest
after striking Hall, told him he had dans
wrong. Both said that Hall lid not saw a
fair. N' ''e a.
Mr.. McNalIy subjected both Fox and
niooks 10 severe cross-examination, bur
his testimony ""iee
Saran Parker related the circumstances
Vi tne aiieged assault, which Were exactly
as stated by the prosecuting witness Hi
billy "n Win
Edgar Allen said the officer struck Hail
Hall fell Witt pushed him with hts h,,,.
not hurt. e Mas
Evidence for the Defense.
opon reassemblng after recess. about 10
O'Clock this afternoon, Mr.. Mullowny am
nounced that he had no more Testimony 10
oa9n I3r tne government. and Mr.. McNaIly
'a We, wiz, me defendant, to the stand
VIII said that about 10 O'Clock I'm the
nleht OF the alleged assault he and his
partner were standing at the corner OF cs,b
na.u streets when two or three colored
i psasohs came along and told them that
tnere was night going on at the Seventh
Baptist Church. and they went down there
w men the officers got to the church they
t9uno no night, but considerable confusion.
ne sa" HAN and woman standing on the
steps Halls head was then bleeding ~
asked III there had been a fight, but could
ger no information on the subject As he
vent Gown the steps Witt told Hall TO get
put OF the way and he pushed him with
ms elbow. Hall then sat down on tba
steps VII ING
Cross-examined by Mr. MuIlowny. Witt
aunItteu tnat, although he went 10 the
no investigation " A'a"o
omcer John r. Lintler said he was .
partner OF Wits on the night of October
ID . ne ana WITT went TO the church and
ne hotlced Hall standing there with his
mead cut He asked Hall who emf nj.
mead but Hall made no reply
ne denied that Witt struck Hall either
with his billy or arm.
Henry Walker testified that he was man
the corner of Goth and p streets abou, m
CLOCK on the night of October Is. when
ne heard an cutlery. and blew a distress
Wnlste, which was responded to by OFF,
GERS witt and Lintier. Later he saw Hail
Win ms head cut and heard him saw ba
did not know whether he had been slruck
with brick or by policeman
Luke Butler corroborated the Testimony
given by the preceding witness.
MI Mullowny waived his privilege Of
making the opening address TO the Jury
ana Mr.. Mentally reviewed the testimony
oHered by the government, which. he as
serted was manufactured by the friends
Oh Haii Tor the purpose of securing the
CONVICTION of the officer, and asked them
to acquit Witt
AT 80 O'Clock Mr.. Mullowny began his
reply. he claimed that ii was not possible
Ior Han to have made the remarks at
tributed to him by the defense At the
time this report closed the case had moi
oeen concluded. II is expected that the