Evening journal., 1899-08-15
THE CASE DISMISSED
No Evidence to Hold Moor
mick's Alleged Assailants.
GOULD NOT PRODUCE WARRANT
IN CITY COURT THIS MORNING
AND JUDGE BALL DISCHARGED
THE DEFENDANTS AFTER
HEARING EVIDENCE.

HEAtllNC ENlDENCE.
William Porter, George Murphy and
John Heating. charged with assaulting
Patrick Mccormick, were discharged
by Judge Ball in City Court this morn
ing for lack OF evidence against them.
The case was continued from yester-
day and the men held without bail for
further hearing, owing to the state
ment of DR.. Irvine Finn that McCor-
mick might not recover from the ef-
fects of his injuries. When the de-
PENDANTS were called this morning Jo-
siah Marvel appeared as their repre-
sentative, and requested that he be
shown the warrant upon which his
clients were arrested in order that he
might be satisfied that they had been
properly brought before the court. Az
ter a search in Clerk Adams Office and
the record of the warrants kept by the
Police Department, it was found that
sergeant Evans had the document in
his possession, and he being on night
turn it could not be produced.
Officers Sewell Scott and Michael
Maloney made the arrest, acting under
instructions from the department with
out a warrant. After Judge Ball had
Explained the gravity Of the case to Mr..
Marvel, the latter consented to go on
with the hearing with the understand
ling that he should not waive his right
Ito examine the warrant.
THE ONLY WITNESS.
William E. Jackson was the only
witness called this morning by the
prosecution. Mr.. Jackson testified that
he had been in Keating's saloon,
Fourth and Pine streets, where it was
alleged the assault upon Mccormick
took place, about 3.45 o'clock on the
Afternoon Of August 9. There were a
number Of men present, among them
being John Heating, Porter, Murphy
: and William Maloney He had been
in the place a short time when an in
3 toxicated man came in and demanded
a drink He was refused, however, and
went out.
, Mr.. Jackson did not know the drunk
en- man, who is supposed to have been
n Mccormick. but stated that he had no
trouble with anyone. Witness stated
s that while he was in the saloon John
o Keating and Porter engaged in an al
tercation, but that no blows we're
9 struck. Heating went out upon the
sidewalk and invited Porter to come
out and fight him, but Porter's friends
restrained him, and after remaining
s outside a moment Keating returned to
the barroom.
? Mccormick was not present at the
time Of the disturbance as he had de-
s lparted some time before it began.
As Jackson was the only witness foI
the state, and as he had failed to con-
d meet the defendants with the assault
# Assistant City Solicitor Cahoon moved
h that the case be dismissed.
IT McCormick's case is a peculiar one
IS On the afternoon of August 9 he was
re- eldiscovered at Fourth and French
d lstreets suffering from the effects OF q
W blow uDon the head. When taken tC
20 the police station he made conflicting
h statements, saying at first that he wa:
,e struck by car. but later stated thai
e. he had been assaulted by a tall mar
lin saloon on East Fourth street. Act
ling on the latter statement the police
m began an investigation Of the case, anS
n Learned that there had been a disturb
D. ance Of some kind in Keating's salooI
s. on the afternoon in question, and tina
Id Mccormick had been in the place oI
j THAT afternoon. The result was the ar
ID lrest Of John Keating, George Murph,
n and William Porter, who were charges
erlwith committing the assault. William
Maloney was also in court this morn
e, ing, but was not arraigned with tn
of rest Of the men. Mccormick is still
to at the Homeopathic Hospital, but re
fuses to throw any light on the man
ng lner in which he was injured.
w PAID TO DROP CASE.
es When the case Of Mrs. Lydia Burslel
charged with acting disorderly, wa
as lcalled the defendant startled the couI
IreIby answering. when asked if she wa
15Iready for trial, that she was not, a
she had paid the prosecuting witness
in Mrs. John F. Whitcraft, $40 to drop tn
m case, and exhibited a receipt for tn
RI same signed by her. The case went ol
however, and was disposed Of by Judl
he Ball imposing the costs on the d.
ee, lfendant.
he The alleged disorderly conduct toe
gn place on the City Hall steps prior
the hearing Of John F. Whitcraft {
July 10, on charge of assault and ba
terry upon his wife. Mrs. Bursler caug
the hold Of Mrs. Whitcrafts sleeve al