Evening journal., 1900-08-28

than to go upstairs and get his re-
volYer and carry il, as was his habit, |
for protection on such journeys. Hel
also said he did not know how the
knife got out of his pocket unless It'll
fell out when he stopped over Miss
Yeatman to pick her up That he
picked it up afterwards among some
paper in a window and that 1t never
had been out of its sheath
He called it his paper knife and inI
cross ss-examination Mr.. Baldwin asked
him why. He said because he used It'll
as a paper knife. Mr. Baldwin asked
him IL a sword could not be used as
paper knife.
Joseph Caldwell, brother-in-law Of
Dr. Pyle, testified that he was at Dr.
Pyle's the night Of the assault, but
did not see the knife spoken OF until
after the Doctors return. Mr.. Bald
win drew out Of him in oss-examina-
ton that the doctor had made an en-
gagement in Wilmington for IL o'clock
on that night.
DIR. Pyie's house keeper testified that
she saw a mark on the doctors nose
which might have been made by finger
nails
William T. Porter S. K Smith, ].
MOnteith Jackson, Robert Wheeler, q.
James Belt, Henry F. Dure, DR.. John
G. Fahey Or. Joseph H. Chandler, Dr.
Swithin Chandler, DR.. Howard Ogle
and others, OF Wilmington, testified to
the good character of DR.. Pyle for
peace and good order in the community
in which he lived and gave him the
best Of character.
When DR.. Joseph II. Chandler was
called, Mr.. Baldwin for the prosecu-
ton, took from his satchel a news
paper clipping and asked the witness
/ II he were the president of the DR.
Joseph n. Chandler Medical Club. tC
4 which he replied that he was. Mr.
Baldwin then read a resolution passed
} by the said club, at its annual dinner
at the Clayton House, Wilmington
about January 10 which declared the
sympathy of the club for Dr. Pyle ant
/, pledged itself to do all it could fol
him. DR.. Chambers reply was thai
he was present on that night. Sew
eral Of the other doctors were asked
the same question and made the same
reply.
Dr. Howard Ogle, said that he is Z
member OF the club but did not favoi
the resolution.
After this testimony the Judge in
quired II the doctor who attended Mis-
i Yeatman for her injuries after the as
sault was present. DR.. Reynolds, whit
] attended Miss Yeatman, was called Il
the stand He testified that he founl
/ Miss Yeatman with both eyes discol
! ored; that she had cut about an incl
long, but not deep, above one eve
which he closed with strips OF stickinl
!, plaster, and a bruise on the cheek
That he attended her for ten days O
two weeks, at first every day for sev
eral days, then every other day.
. The effect of his testimony was tina
u she had received less injury than tes
titled to by the other witnesses. and h
! was asked by the judge what he al
= tended her for The reply was 70
: nervousness, principally. Mr.. Baldwi
asked the witness If he had not bee
: a class mate Of DR.. Pyle and he sal
: he had.
At the end of Dr. Reynolds test
7 mony the judge said he would hol
I the matter under advisement and ID
" Pyle was permitted to go home to loo
after his patients with the expectatio
that he would return this afternOo
I when it is supposed sentence will b
: pronounced. The penalty for assaul
! and battery in Pennsylvania is as FOL
y lows: Any person who shall be cor
= victed of an assault and battery or {
= assault, shall be sentenced to pay a fin
! not exceeding $1,000 and undergoin
? Imprisonment not exceeding one yea
or both or either at the discretion {
y the court.
= The impression is that only a fin
> will be imposed.