The times., 1899-12-31


the Premises Declared 10 he I'm
the Wrong An Appeal Noted.
Henry A. Lehman and Thomas lie Cuyer,
proprietors Of the owen House, in Pennsyl-
vania Avenue between Fourteenth and
Fifteenth Streets northwest, and Louis D.
Wells and Blake Tally, residents of the
city, were yesterday found guilty of an as
sault in the Police Court before Judge Scott
and sentenced to pay fines aggregating
1928. The trial is the result of the arrest
of the principals growing out Of fight
which took place at the owen House early
Friday morning. The complainants in the
case were Logan Prosise, a carpenter re
siding al S26 X Street northeast and Fred
erick A Saaman, a guest Of the Owen
House at the time of the disturbance
During the fight Prosse was shot in the
head with pistol in the hand of lie Cuyer,
inflicting scalp wound; Salaman's ear
and neck were cut, and Tally received a
cash across his nose and cheek, inflicted
with a hatchet welded by Prosise. When
the offenders appeared in the Police Court
yesterday there were three informations
charging assault which had been sworn
out against them Lehman Wells Tally,
and lie Cuyer were each charged with as
sault by Prosise. Lehman. Wells, and
Tally we're each charged with assault by
Salaman, and Prosse was charged with as
sault by Tally. The case against Prosise
was dismissed. Lehman, Wells. and Tally
were each fined SIS, with the alternative Of
serving five months in Jail each. and lie
Cuyer was fined S100 or six months in Jail.
Prosecuting Attorney Mullowny conduct
cd the case for the Government, Attorney
Campbell Darlington appeared for Prosise,
and the others were represented by Attor-
ney Edward Forrest After Judge Scott's
decision Attorney Forrest made a motion
| for a new trial, which was granted, and
! his clients were given until Wednesday TO
! furnish bond
When the case was opened yesterday the
! first witness called was Prosise He stated
! his occupation and place of residence and
! said that on the night of tho affray he was
summoned to the owen House by John p.
/ MOylan who said that he wanted the doors
( barricaded and the elevator cables blocked,
! giving as his reason, witness stated, that
/ Lehman and lie Cuyer intended to dispos-
sess him OF his property. He stated that
! after doing the work required of him, AMI
/ house, near the stairway lie Cuyer Wells,
and Tally appeared. lie Cuyer, witness
| stated made remark about killing him,
| and urged the others to throw him out. In
/ the general miX-up which followed wit
ness declared that lie Cuyer produced re-
| volver ana pointed it at him. Witness. in
( order 10 defend himself struck at the re-
/ volver with his hatchet the instrument
glancing from the pistol and wounding
! Tally. Witness then grappled with Tally,
! Whereupon he was shot by lie Cuyer.
Frederick A. Salaman testified that about
! ( o'clock on the morning in question he
was attracted by the noise Of a scuhie and
! came downstairs to learn the cause. Upon
| reaching the lower stairway be was set
upon and beaten by two men. He idend-
| fed Taity: he did not know the other man,
but thought he had a black mustache.
! John T. Moglan stated that his sister
! Mary e. Moylan owned third interest
| in the premises. On the night Of the affray
/ he Was at the Owen House looking after
/ her interests, as he had understood that
1 Lehman and lie Cuyer had obtained a writ
/ of ejectment 10 take effect on January /.
! Witness saw the assault on SaIaman. but
! could not say who siezed SaIaman first
/ He saw Tally come downstairs and grap-
pie Prosise and saw lie Cuyer fire the pis-
tol. Witness saw Tally at the foot OF the
stairway, bat did not see Wells.
Witness said upon cross examination
that ne did not tell Prcsise that he (Moy-
LAM was lessee OF inc premises He
sought TO take forcible possession OF the
premises because he did not have time to
! take the matter TO the courts.
Thomas lie Cuyer, one Of the proprietors
| of the Owen House, was next sworn. He
said that he took possession OF the owen
/ House with Henry a. Lehman on the nth
! OF November. 1898, leasing the hotel from
! Mary f. Moylan through her agent John
! 2. Noylan. That he had never employed
| Moylan in any capacity. The only business
| transaction witness had had with Moy-
Ian was in paving him as agent for Mary
! E, Moylan o percentage OF the receipts as
agreed upon. due her for her interest in
the house.
lie said that when he saw the hatchet
raised over Taltys head in the hand of
! Prosisc. he fired the shot to save his
friends life. Witness said he saw the
fight. but did not see Lehman or Tally hit
Salaman.
Prosise was recalled and reiterated his
/ statements iu regard to the part he took in
the affair
! Blake Galty with his head swathcd in
bandages testified that he was by occupa-
tion civil engineer and on the might in
question occupied room 3is with Wells at
the request Of Lehman who AIRED that
/ there would be trouble. Tally declared tlat
Prosise hit MIN and showed him against the
wall. After Prosise hit witness with III
hatchet the latter said. Amt you
ashamed for what you did?' Prosise an
swered: Yes but l was paid TO do IL"
A number OF the other witnesses 10 The
ARRAY were called, but their testimony
elected nothing new.
Attorney Darlington, representing Pro-
sise. and Attorney Forrest addressed the
court briefly in their closing arguments.
Mr. Darlington fitted the hatchet used in
the aftray 10 dent in the nozzle of tn
pistol made during the fight, which he sid
proved conclusively that his client had at
tempt ed TO defend himself with he hatchet
while The weapon was in an e.eyated 20 j.
tion.
Mr. Forrest laid the blame OF the affair
on Moylan As instigator. and said tSat
anyone had right to defend his property
against "a man whom he claimed had nc
right on the premises.
Mr Mullowny for the Government, said
that he believed that all Of the defendants
had been guilty of an assault. He said thai
Il was evident 10th sides were aware at The
time that trouble was brewing. and b, q
accordingly made preparations for it.
Judge scott briefly summed up the casG
and imposed the penalties above noted.
Baptists Buy II Church.
The Bapti,ts II Del Ray have purchased o
. Methodist congregation Of uat place the foun
dation and temporary structure which has served
the latter as church, and are now raising fund.-
for the completion oi an appropriate building
H. NN