The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-07-17

The case against Police Captain
"Coffee John" Fitchette for disorderly
conduct was taken up in the municipal
court yesterday afternoon, and after
the state had introduced all their evil
dence, Attorney Lane, for the defend
ant, moved to dismiss, on the ground
that the state had failed to prove its
case. The motion was granted by
Judge Holt.
The case was taken up before Judge
Holt at 2 o'clock. The first witness
called to testify was Capt. Williams,
who was present when Coffee John"
was placed under arrest. Capt. Will
hams said that he, together with Capt.
Krumweide and officer Flood, had been
detailed by the acting superintendent
TO go to the Columbia theater and look
after Coffee john" as he was there
making a disturbance, When they ar
rived at the place Coffee John" was
standing near the end of the bar in
the saloon, and Capt. Krumweide step
ped up to him, and during the CONVEX
sation Coffee John" said, that he
had that night been closing up a lot
of dives and joints Capt. Krumweide
had been protecting" Loud words en-
sued between the two police captains,
when some one of the crowd shouted:
who the - is Coffee John?" Just
then Coffee John" started for the fell
low, and while he did not see Fitchette
strike the man, he saw the fellow fall
upon the floor, and when he arose he
had club in his hand with which he
tried to reach Coffee John"
The witness then testified to having
seen Capt. Fitchette standing before
Burns place on First avenue south,
where he was using loud and profane
language in the presence of some wom-
en- and men who were lettering around
the saloon. He also testified to hav-
ing seen Fftchette take into custody
+ one of the men who refused to go home
when he was ordered to, and start to-
wards the police station with him. Be-
fore he reached police headquarters he
allowed the fellow to go on the promise
that he would do as he had been told.
Reporters Stood by Him.
Police Reporters Conner and Hill.
who had been with Capt. Fitchette when
he made his rounds closing up, or at
least ordering places that harbored
absolute women, to deSist from such
practices, testified that they had been
with the defendant and that all of his
actions in the different places he Wis
tied was that of a gentleman, and that
he was strictly within his duties as an
officer, and in no manner created any
disturbance. They did not see Fitch
cite strike the fellow at the Columbia
theater, and they were there and saw
and heard the whole trouble. They saw
fttchette start for the man, and they
also saw him raise his hand and saw
the fellow drop to the floor and arise
Immediately with club, but they were
sure that no blows had been given.
Capt. Krumweide testified that he
saw Coffee John" strike the fellow
twice, once in the head and again on
the shoulder, and it was then that he
placed him under arrest. Officer Flood.
who was present, would not swear pos
itively that he saw the defendant strike
anybody, although he did see him raise
his hand and make a pass at him and
the fellow dropped to the floor and i'm
mediately raised to his feet with q
club in his hands.
Main Witness a Failure.
Hamilton Logue, the old soldier, and
an inmate of the soldiers home, was
the next witness called. He testified to
having made the remark which aroused
the ire of Coffee John" and when
Coffee John" asked who it was that
made the remark, he said, "Conny, if it
will do you any good to know, am the
man." With that Coffee John" came
for him, but he never struck me in the
world; l am sure he didn't. 1 felt as
though 1 would have liked to have got
q swipe at him, because I'm sure that
I could have knocked him down -
Logue is a small man, weighing not
over 140 pounds, and about five and a
half feet tall.
Mr.. Lane then asked for a dismissal
on the ground that no evidence had
been introduced to show disorderly
conduct on the part of the
defendant. The state on the contrary
thought that all things being consid-
cred the conduct of the officer who
gives way to his temper, and allows
his anger to lead him into difficulty
of this nature was in a measure guilty
or disorderly conduct and should be
censured. Mr.. Waite admitted that the
testimony did not show conclusively
that the defendant was guilty, and thai
the case against the defendant was NOT
as strong as he had reason to believe
the evidence would develop.
Judge Holt said that the evidence
tended to show that there might have
been some trouble, but from all the
facts presented 1t would seem az
though the defendant had been actinf
strictly along the line of his sworr
duty, and had not others who were
sworn to do the same thing interfereC
there would have been no occasion TO.
any trouble at any of the places and il