Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1899-09-30
A Policeman on Trial.


the absence of one Of the witnesses for
the defence. who afterwards appeared.
having been sent for. the proceedings were
held up until a45.
The States attorney. H. S. c. pltger.
appeared for the complainant, and I. Nj.
Woods Esq, for the defendant. Two
warrants had been sworn out, the one for
assault with intent 10 kill. the other
peace warrant Ii was agreed between
counsel that both should be heard to-
gethcr. After all the witnesses had been
sworn, the complainant was called who
testified that on the morning named COM
ing from the WORLD building across the
street 70 his office on the corner Of West
King street and Maple avenue. he was
met by policeman Dusrow. who, with the
question whether he had written the arti.
Gle which had appeared in THE EVENING
WORLD the day before, at once assaulted
him. the third blow telling him to the
ground, being struck as he believed by
something harder then mans fist. The
first two blows, he testified. were with
the left hand, while the right hand re-
NAMED in the hip pocket, as il was when
the assault wastirst made
These were followed by other hard
blows in rapid succession the effects Of
which could be still be seen on his face.
Being questioned he said that Judging from
the threats and the injury already done
him by defendant, he felt that he was in
danger OF further injury from him.
The first witness. Miss Corea Potts, an
employee in THE WORLD Office testified
that about 0 o'clock on the morning OF
the assault policeman Dutrow came into
the office and inquired for the complain
ant. That upon being told that he had
just stepped out, and satisfying himself OF
the truth of the statement by looking
AROUND that he was not there, he walked
out to the front of the office. While
standing in the office she noticed that he
held partially concealed in his hand
something black which she thought to be
blackjack or some similar weapon.
A number Of other witnesses for the COM
plainant testified seeing the assault after
the complainant was down struggling to
ward off the blows and to regain his feet.
None of these witnesses however could
say that they saw defendant use any wea-
pom or that he had anything in his hands
when the blows were struck.
The defendant when called to testify in
his own behalf made no denial Of the as
sault upon the complainant. nor that he
had threatened him, nor that he had hunt
ed for him the evening previous and had
gone to the railroad station to watch for
his return from Winchester and do for
| him then what he had done on the morn
| ing following. His testimony agreed sub
stantially with that OF the other witnesses,
except to contradict the testimony Of the
complainant and Miss Corca Potts in that
| he testified that he had both hands in his
side pocket when he met complainant,
that he had nothing concealed in his hand
when in the office, and that he had no
weapon in his hand when he struck him.
He testified further that in the let up Of
the assault he had threatened both COM
| plainant and reporter, that after he had
satisfied himself with the assault made
he went to justice Martins office and told
| him that he had assaulted the complainant
and was ready TO pay his fine and when
told that it would be five dollars, he went
out and secured il and returning handed
it over to the Justice.
The witnesses called by the defense
said they did not see the first blow struck
but those that they did see were done
with clean hands.
Justice Martin being sworn testified
that on Friday morning Policeman Dut-
row came into his Office saying that he
had given the complainant a thrashing,
and asked him how much the fine would
be, he was willing to pay it. That he re-
piled, that the best he could do for him
was five dollars. That the defendant
went out and returning shortly gave him
five dollars, which was then placed in the
drawer. That during the afternoon he
thought it best, to save himself, to have a
complaint made out in due form and the
case regularly entered upon the docket.
To do this he got John S. Matthews, his
clerk, TO enter the complaint, which was
done, and the defendant fined five dollars
and costs. Payment was made with the
five dollars previously deposited in the
drawer. and the case dismissed. The
records of the Justices Office were pre-
sented in testimony of the regularity Of
the case as heard in his office.
The defendant having been thus already
tried and convicted, and having satisfied
the penalty for assault and the case hav-
ing been entered on record as settled and
dismissed, the law defending him against
a second trial for the same offense, and
the judgment of Magistrate Byers being
that the evidence did not warrant him in
binding him over for trial before the Cir
cult Court on the charge of assault with
intent to kill, dismissed the case on this
complaint. but on the second. bound him
over TO keep the peace for one year under
a bond of $4,000, which was done with
Mr.. S. S. Felker as surety.
r,..latad Ctrcr.a,- II L, 1,1.tatad OF L,al-