The record-union., 1899-10-21
RATHER INTERESTING CASE.
THAT OF THE WALNUT GROVE
CONSTABLES.
Justice Henry VIII Announce H1s
View Of the Matter This
Afternoon.

The examination case OF Constaple
Cottrell and Deputy Mannon or WalnuI
Grove, who are charged with assault
to murder a Chinaman named All Hoe,
was concluded yesterday in Justice
Henry's court. Charles t. Jones argued
the case for the prosecution, and Peter
j. Shields for the defense, and Justice
Henry took the matter under advise
ment till this afternoon.
1t is a queerly mixed-up case. Cot
trell and Deputy Mannon broke into the
house of Lee Jip and All Hoe on the
night of the 10th of last month and ar
rested them and a couple of other
Cinnamon for conducting game OF
tan. To substantiate their allegation
that game of tan was in progress the
officers seized q. lot of buttons, marx
ers,' bag of coin, etc, together with the
top coveringo of the table. But the China
men swear they know nothing about
such a game, had never played at 1t,
and that they were simply doing some
'figgering" for other parties.
The officers swore there were from
eighteen to twenty-five Cinnamon in the
place, but that some rushed through the
door and others through window ana
escaped. The Chinese swore there
were but four of them in the place at
the time of the raid.
1t was proven by several witnesses
that the game of tan is a very popular
pastime among the Walnut Grove
Cinnamon, and one witness testified to
having seen All Hoe and All Jip plug
ging away at it.
& v-a rro Mt iSSnn0 hV Justice
Desmond of Walnut Grove cut some
thing of figure in the case, the Justice
having last week testified that tie affi-
davit on which it was based was in a
box in Lufkins saloon IN the river
bank village, that he had telephoned for
it, and it would be brought to the city.
An affidavit was subsequently produced
but the person in whose possession 1t
was alleged to have been testified that
he had never seen the document IN
question and consequently had not de-
livered it to anyone. The prosecution
further announced that on application
at the telephone office it was learned
that no such message had been sent to
Walnut Grove.
The affidavit was shown to Constable
Cottrell when on the witness stand yes
terday and he was asked to identify his
signature thereto. Under the advice of
his counsel he declined to answer ques-
tions regarding the document on the
ground that to do so might have a
tendency to criminate himself.
Mr.. Shields contended that neither
the affidavit nor the search-warrant
cut any figure in the case-that the Of
ficers saw an unlawful game in pro-
gress and that they had a right to ef-
feet a forcible entry to the place.
Furthermore that Deputy Mannon was
justified in striking All Hoe with his
pistol because the latter resisted the
officer and caught him by the collar.
The wound inflicted, he said, was
trifing.
Mr.. Jones for the prosecution said the
search-warrant and the affidavit were
material to the case, as Cottrell had tes-
titled that he was acting under that
warrant when he raided the place.
Justice Desmond's name got into the
muddle again yesterday. He was not
present when the case was called and
did not respond to the bailiff's stem
torian invitation to "come into court" "
Then Mr.. Shields produced a letter from
the Justice, saying that owing to the
dangerous illness of his sister in San
Francisco he would be unable to ap-
pear at the examination.
Later in the day a witness was pro-
duced by Mr.. Jones who testified that
yesterday forenoon he had a converse
tion with the Justice by telephone, and
that the latter was then at Gray's re-