The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-02-21
A FEL0NY
Was Not Proved
Against Lynch.
GOODWIN'S CASE
Takes on a More Complica-
ted Aspect as the Result.

| The continued case Of manslaughter
against Officer Ira F. Goodwin, who
shot and accidentally killed William
Harvey, came up at the session Of the
central district court yesterday morn
ing, resulting in the officer being held
in the sum of $1,000 for his appearance
before the grand jury.
Patrick Lynch, who may be said to
have been the indirect cause of the
shooting, was arraigned at the same
session, on two counts, for disturbing
the peace and assault with attempt to
kill. Lynch was originally arraigned
on the former charge, and assault on
an officer but yesterday morning the
assault on an officer charge was filed
and the charge of assault with intent
to kill preferred.
| Lynch was fined 500 for disturbing
the peace, and was discharged on the
more serious count. The new charge
was preferred with the idea in view
of making the circumstances against
! Officer Goodwin appear as well as pos
slble, and although the court could not
| ind sufficient evidence to warrant
| holding Lynch, Chief brennan says that
MS opinion that Goodwin was acting
within the rules laid down for the po-
lice department has not changed
| the charge of assault with intent
to Kill would. if proved, have made a
stronger case, but in spite of this, Chief
brennan says he is satisfied that Lynch
committed a felonious assault on the
officer, and for that reason, officer
Goodwin was justified in using his re-
Volver. Simple assault and battery
could not be considered a felony. but
the fact that Lynch assaulted the Off
Ger with a dangerous weapon, that is
the officers own club, makes the as
sault felonious, and according to this
construction of the affair, OFFICER Good
win was acting within the rules of the
department when he fired at the fleeing
man.
Testimony of witnesses introduced
yesterday, goes to show that Lynch
struck the officer with his club twice
at least. Chief brennan also says that
IN spite OF the fact-that the charge
aealnst. Lynch for assaulting the off,
Ger with a. dangerous weapon was
placed on file yesterday, the charge
may be presented to the grand fury
| When officer Goodwin's case comes mn
for consideration.
The whole matter of whether Officer
Goodwin was justified in firing at
| Observation-Disclosures @ppJals 70 liiise on the
Lynch on tha officar go 80 ~ lild9e py
of the noIica ara eafisso5 'ilio' olllc i
Yesterday The npa it@o os Mds settled
assault is oor,mittad ,Yitt ~ Mn VIZ an
or other instrument 49,, Wi q cIup' hlllIe
enca anoordj,oa ~ iiiahes no dlirer-
The fact that Lynch struck the officer
WIN a cIuo' constitutes assault with
ony - q lei-
| The case aeairs+ r,o,,
after tba 1asSe,, b,Ici,,,4. ~" i" az Nailsu
had been disnosed ~ 80 49, me C -.t
of tbe renainino ,no.t TN 'oQh up most
noon, Snllivan E. 0iC StU1i ~ cns Lole5
| for Tvncb. p $500 - ,I9nI TT appedIeu
government N"oos llodr Iof the
| Oficar cood,,i,, ,,,o., A.,
| ness called b1,t b. aaa,i .n5 Iist NJ
| Dr WaIte,, " c'Io,uIs etiiItGe 70 testlly'
| ing hean nrasa,,+ ~ ~ " nay
exn1ainad tbe cn,Irs ~ cue e. autopsy ne
,1idll tiIe course OIL the bullet that
pninion tbat ~ ii b,a,, ana gave as ms
toward the 11inti,,, Seiiie NJ
| coiIed u,a,a ~ Jthgr mltlesses
| Maoeia Pros,,ita,, n, NeIley, MISS
| ban a,,i9,, IoeiiJdlilln 6roshl-
1 osLEooeo Ie tIISapo9sie,e' Jonn j.
e,d Co,,t,.',(in S31I Ign, Molly heeIe
80 oat 'toe whose testimony
| haay, ~ .tie 91iiie as what mas
| ~ 0'' % - 'eu III CONNECTION with
Tn o,1sI,,ar -
! c,+a,,aI Nj, q iLe"'ioil VI Inspector
9 T MSS MISE pIoslliuai sad she heard
i 10y i Lai td,iedteIt 10 XII her brother II
no H4ipeu me ,oIllceI' put that ne made
~ ~ o'iler similar threat IN her near
iiS;.
- 1Nel.iler sue alIe!npted TO sum up
ene case; David e. OConnell merely
l
" SoilF!CI ~ nch OIL the charge OF as
saul WIN attempt 70 XII. Regarding
me charee OF disturbing the peace, he
aulnltted that ms client was guilty. The
courI oTueTeu llne OF $50 In the lesser
case, Whlch was pald, and that Lynch
pe alscharged on the charge Of assault
VIII attelnpt TO Kill
Oilicer GOODWIN was not called upon
s ~ oeStlly anu was held IN the sum OF
SloVU LOT me grand jury. Deputy Chief
| amos Atklhson furnlshed the necessary
surety ana OIlcer GOODWIN was re-
leased.
Other cases tried Yesterday morning
IIlcluueo tilaI OF Gustaf Campello, who
was charged with assault with dan
s sS weapon ana drunkenness. John
n! watson ana victor Johnson appeared
- oo " ~ anu teStilieu 10 the conditions
eIteholng stapping 1tfray that took
piaGe az ooo MiilpuTy street, saturday
Ilsht' W1eh Calnpello was drunk and
aeIIeInpIeo 10 cream out the house. Cam
peI!o was sentenced TO the house OF cor
ie I,.i Tor sl& months on each charge.
EuWaIu a. f1afils was charged with
IA celIy anu uruhkehliess' Harris was
aTrvsted SATURDAY night by Ofhcer
nan TOT peIng drunk, ana afterwards
Ing held on the more serious charge.
n lIldIi NOIilDldliIeu at STALLION i YCSIer-
do, he tn,