Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-09-21
MIR. DOWNING.s VERSION.
Declares He Was Not at Fault In
Police Court Alteration.

Declares He Was Not at Fault I'm
Police Court Alteration.
Mr.. Rosa F. Downing. the attorney
with whom Prosecutor Mullowny had
personal encounter in the Police
Court Wednesday afternoon, as related
in The Star of yesterday. says his
relation to the controversy was improp-
erly stated in the published reports. He
steted to q Star reporter today that the
trouble arose between him and Mr.. Null
lowry upon the latter asking a witness. on
cross-examination, the following question:
DO you not know, matter of fact,
that Carr has been convicted OF an attempt
to rape, and has just returned from the
penitentiary?'
All three of the counsel for the defense"
Mr.. Downing stated, simultaneously OBJ
jected to the question, contendng that in
asmuch as the defendant had not taken the
stand in his own behalf the question was
highly improper. Mr.. Mullowny cpntended
that the reputation of the defendant had
been put in issue by question 'asked by
Mr.. Evans of the defense in direct exaini-
nation. The court sustained the objection
and ruled out both question and answer
Later on in the trial Judge Kimball in
formed counsel for the defense that he
would instruct the jury to ignore and disre-
gard any insinuation or suggestion that
they had received from Mr. Mullownys
question. We deemed, however. that this
was not sufficient as the damage had al
ready been done, and nothing that We could
say or do would Danish from the minds of
the jurors the fact that our, client had been
convicted of heinous offense. Up to this
point there had been no ruling of the court
TO which we could except and take the case
to the Court of Appeals. l therefore pre-
pared a motion to the effect that the jury
be discharged and new trial ordered on
account of the improper conduct OF the
prosecuting attorney in asking the question
above referred to- Me- Colyer my col
league pre- scented the motion and concluded
his argument. when 1 arose. and, in the
course of my remarks said that l did not
agree with Mr. Colyar that Mr.. Muiiowny
asked this question through mistake or in
advertence. but that 1t was done with the
intention of prejudicing the minds of the
jurors against my client. 1t is possible that
l may have said 1t was done with DELHI
crate intention.
Upon my making the above statement
to .aie court Mr.. Mullowny jumped up and
said in a most excited manner, That is
fa,sehood.' Without losing my composure,
l replied, Il will not resent that insult now.
because 1 am In the presence of the court.
but at the proper time and place will re-
peat what 1 said in a manner that you will
not forget as long as you live Thereupon
he rushed at me with uplifted arm. l
struck and we Immediately clinched. After
some tussling we were separated i did
not say Mr.. Muliowny mfsstated anything.
as appears in the published report Mr..
MuHowny did not shower blows upon my
face, was 1 struck by him from the be-
ginning to the end of the affair. 1t was
wrestling match pure and simple. / nave
not, and never had, anything to say as to
who got the better of the encounter, nor
did 1 say to any person, nor authorize any
person to say for me, that despite the fact
that Mr. Mullowny weighs sixty pounds
more than do 1 am willing to fight him at
any time
These are the facts. / have no ill-will
toward Mr.. Mullowny, and regard him
highly. but 1 do not think 1t Is at all fair
that should be made to appear as the one
in fault"