Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-30

him.
On cross-examination by Mr. Forrest. the
witness said he had been employed by Mr..
Moylan to work ten or fifteen days as
Waterman at the Owen House, Moylan
telling witness that he was the proprietor
and that Lehman and lie Cuyer were his
barkeepers. Witness was not aware of
what his duties were to be- other than to
stand at the door and keep everybody out
This closed the case for the prosecution
and Mr.. Forrest for the defense announced
that he would prove that the trouble grew
out of an attempt made by certain parties
to take forcible possession of the premises
and that Lehman and LIE Cuyer were per-
fectiy justified in preventing such efforts.
He would also show that LIE Cuyer shot
Pros1se in order to save Talty's life. Judge
scott ordered recess until / o'clock
LIE Cuyer on the Stand.
The first witness after recess was Thomas
B. LIE Cuyer. who testified he was one of
partner being Henry A. Lehman, they hav-
ing taken possession in November a year
ago. under a lease from Mary z. Moylan,
by which she received so per cent of the
profts, which were paid in cash to her
agent, John Moylan Thursday night wit
ness Learned that Moylan intended to take
forcible possession of the premises, and ne
stayed at the hotel all night, his partner
residing therein. Between 4 and o'clock
In the morning of Friday witness heard
MUSE ana went out ana saw Mr. Lehman
and Mr.. Solomon. Lehman asked Solomon
what he was doing there. Witness went
INTO another part of the house, and coming
back saw Prosise with a Ratchet raised
above Taltys head.
Il drew my pistol and fired at Prosise
because believed Talty's life was in dam
ger. l did not see Prosise strike Tally. I
arrived when Prosise had the Ratchet
raised. l was firmly convinced that my
friends life was in danger"
Did PrOSiSe strike your pistol with his
hatchet?''
No. sir
On cross-examination witness said he got
the pistol from a man named Rogers. and
the dent in it, claimed to have been put in
it by Prosise striking it with the Ratchet,
was there when he got it.
Nothing further was developed in the
croSs-eXamination, save that LIE Cuyer was
positive Prosise was standing up and had
the Ratchet raised over Tally when he
fired.
Tally Witness.
Blake Tally, with a heavy bandage over
his face and left eye. testified he was a
civil engineer. He said he knew neither
Prosise nor Loulaw, but had known Dan
bridge slightly. Lehman was trying to put
Solomon out, and showed the latter against
who was on the steps, and witness
pushed Solomon away. Witness did not
strike Solomon. Witness had nearly reach
ed the bottom of the steps. and was about
two steps above the landing, when Prosise
rushed up and struck MIN across the face
with d Ratchet. Witness then grabbed Pro-
sise and pushed him back against the wall,
when he heard shot fired. and Prosise
gave grunt and closed his eyes. Witness
did not see who fired the shot, but knew
Prosise had not been shot Witness went
to Emergency Hospital. where thirteen
stitches were taken in his wound When
there he said to Prosise, who was also
there:
me up like this?''
Yes witness said Precise replied, but
l was paid to do it and had to do it,
AT the conclusion of the direct examina-
ton Tally said 20 his attorney:
MI. Forrest, when l made the charge
AGAINST Prosise l charged him with assault
with intent to CON nit murder / see he is
charged ..Tge with simple assault
house, wasn't it?" inquired his attorney
Yes responded Tally
Well. Mr.. Mullowny made out the infor-
nation
Mr.. Mullowny Immediately began the
without taking any no
tice of Talty's complaint, but his question:
ing of the witness did not change the lat
tiers testimony.
Mr.. Lehman Testiaes.
The next witness was Henry A. Lehman,
one of the Owen House proprietors, who
testified he was awakened Friday morning
by the night clerk, who told him there was
trouble down stairs. Witness put on some
clothing hurriedy, and after awakening
Messrs. Tally and Wills and apprising
them of the trouble and asking their as
sistance, started down stairs. He met
Solomon at the head of the stairs in the
third story and asked what he was doing
there. Solomon replied he was a guest of
the hotel, which was untrue according to
witness, and the latter ordered him out
Upon Solomon declining to go witness tried
to throw him down stairs. Solomon re-
sisted and while they were scuffling on the
steps Tally and Wills came down Neither
struck Solomon. When Tally was near the
bottom of the steps Prosise came up and
struck Tally with a Ratchet. The latter
grappled with Prosise, and when the two
men were near the wall in the hall on the
second floor LIE Cuyer fired. Prosise had
the Ratchet raised when LIE Cuyer fired
On cross-examination by Mr.. Mullowny
Lehman testified that he had been warned
that an attemnt was to be made to take
forcible possession of the place and had
asked Tally and Wills, who were friends
OF his, and who happened to be in the place
eating supper Thursday night, to remain
all night. Witness was positive Wills did
not strike any one. Prosise struck Tally
when the latter was at the foot of the
steps. Witness was then trying to get So
IL mon down the stairs. LIE Cuyer did not
ire until after Tally had been struck by
Prosise, and not until Prosise had raised
the Ratchet to strike Tally again.
Anticipated Trouble
Louis Wells, the next witness, stated
that he had been asked by Mr. Lehman
Thursday night to stay at the Owen House
because he apprehended trouble on account
of John Moylan attempting to take pos
session of the premises Mr.. Tally was
with witness, and they occupied the same
room. They were aroused early Friday
morning by Lehman, who said there was
trouble downstairs. Witness hurriedly
dressed and followed Tally, who dressed
first. Tally started down stairs and passed
Lehman and Solomon on the stairs They
were struggling and fighting. When Tally
reached the bottom of the steps Prosise
struck him with the Ratchet across the
face. Then Tally grappled with Prosise
and as the latter raised the Ratchet to
strike Tally, LIE Cuyer shot him.
Witness, on ton declared
he had taken no part in the trouble, be-
cause 1t was all over when Prosise got
shot. He saw Lehman strike Solomon with
his fist, but saw no one kicked.
This testimony closed the cases under
consideration and thereupon the charge
against Logan Prosise of assauIting Blake
Tally was taken up, Mr.. Darlington. for
the defense, opening. the understanding
having been reached that all the cases
would be decided by Judge Scott when the