New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-05
O'NEILL TELLS OF ASSAULT
Com piainant and Parks Haze Tilt
Outside of Court.

fa~oreedinEs the assault case against
sam" Parks in w,,'ch Peter ONeiI. member OF
.bo ztonecutters union. is the complainant. be-
rs- yesterday IN the Court CO Special Sessions.
F,x-siagfstrate Brann appeared for Parks and Dis
tricr Attorney Jerome for the prosecution.
M -Rraun opened the proceedings by asking for
an adjournment, saying that his associate. Joseph
r-us+ace was in Elmra his home and for some
reason would not be able TO get 10 the city before
THURSDAY AS Mr. Braun is himself witness
the case he asked for the adjournment. so that
NJ Eustace could be IN court to take up the de-
fences side. District Attorney Jerome objected TO
having the adjournment. and ne and Mr. Branu
had a tilt for few minutes and Presiding Justice
N-ver decided 10 continue with the case at once
Prior the taking 81 any testimony, M Brann
asked that the defendants be allowed to have q
ina. in a higher court and that the be ad-
iog-ned that he could apply for a certificate 10
take the case TO a higher court IN accordance
vh Sections ., $ and 80 of the Code OF Criminal
Procedure. Both requests denied.
Tisrric, Attorney Jerome called Mr.. O'Neill. the
co---fsfraut as the first witness. O'Neil testified
that he was in Barney" Lynchs saloon, at Third
ave and Fifty-nnth-st, on July Il He said that
while he was standing al the bar some one said,
,,-s and when he turned 70 see who the speaker
VS. some one struck him blow on the right side
Of his face bove his eye, and another man struck
him blow on the left side Of the Jaw y Mem
identified both Parks and Mccarthy as his assaii-
ants The Illumination follows in part:
-h
saloon on ne night a w - "0'e -'-e- '-''
Where " you standing in the barroom when
the assault place. A.The saloon is located on
sye s1s M bar faces Fifty-ninth-st I was stand
i.g al the extreme end Of the bar nearest Third
o-Dld you see Parks knocked down? A..No.
Q--Did you see Barney Lynch PICK Parks up
Q-Waat did you do after you struck? A
c-Iad You come back me second time? A-Yes.
Q-And didn't Lynch ask you on your second
A-E5e requested me TO 90 home, but he did not
say anything about Touoie-
Q-A1d did you come Jack the third time? A
Q-What hospital? Amount Sinai Hospital
wien You came back the third time didn't
you have some men with yoU2 A-Yes
Q-Dient you come back TO i f5 Parks: A,--N2
Q.-Didn you expect 10 meet Parks a. barney
Lyuchs saloon after the meeting at Maennerchor
Q-Were sou Al meeting Of the Building Trades
EHloyers, Association 5sst night A-fest
board OF arbitration.
Thomas Monahan ard Samuel Cherry were called
and corro5orated O'Neills testimony. While Cherry
vas testifrinE Mr.. Brann called Thomas Mccarthy
and asked The witness If he identified Mccarthy
ss the man who struck Parks. Cherry said the
mar shown him not the who struck
Parks.
Timothy Mccarthy was called to the bar and
vas Identified by ONeill. Cherry and Monahan as
one Of the men who struck the complainant.
Mr. Brsru then made q motion that the case
against Parks ne dismissed the court had no
Jurisdiction under the motion 10 take the case to
..sher court. The motion was denied. The case
of Timothy Mccarthy was opened by the calling Of
O'NeiH 70 L ne stand. and closed immediately It
was stipulated that the case against Mccarthy,
being similar 10 that against Parks. would rest on
me Parks case.
NJ Brsnn did not call any witnesses for the de
fence. The defence VIII 90 on tomorrow at Il
Charles II. Eiditz. president Of the board OF gov
ernors # ;he Building Trades Employers Asso-
citation. was in court while the case was being
tried accompanied by Attorney Cohn. Mr.. Eidlitz
said
"0Nem has been guarded BY detectives since
last FRIDAY as Il understood some persons
Who represented Parks would Try to get him TO
Nj Bvanu denied that any attempt was made 10
prevent the case gol-7g on
Following the adjournment Of the hearing and
THE closing OF the session or the court Parks ana
his party left the courtroom. He standing at
the head Of the southwest staircase, leading from
Courts Building conveTsing with Assem- bly, ma II
Richard Butler. The centre Of group OF ironwork-
ere when O'Neill IN hastY attempt 10 pass back
into The courtroom had occasion TO shuttle Parks
rather roughly. pushing him TO one side Parks
vas yIsiby agitated. and turned hastily on O'NeiI
the remark
Don't you attempt 70 lay d hand on III
get warrant out for you
Parks made move for O'EeiIl. but Assemhlyman
Butter caught hold Of him and fTieEds Of ONeill
hurried him on into the courtroom. Parks was
taken from the building by his friends