The Providence news. (Providence [R.I.]) 1891-1906, 1903-11-20

The witnesses for the prosecution,
other than the officer were a man and
a woman. The defendant called at least
six. three OF whom were apparently dis
interested, for they did not know Was-
ner and prior to this occurrence had
never to their knowledge seen HIM.
Hayden swore that he had received sew
eral complaints TO the effect that Wag-
ner had insulted citizens while he Wag-
ner. was standing upon street corners
and that he had on different occasions
ordered him to move on.
On this particular occasion. after he
had told Wagner To get move on, the
latter had used loud, vulgar and obscene
language. thereby disturbing the peace.
His witnesses were not. as the court
ruled, strong. The woman could not tell
what was said. while the man on cross
examination thought that the officer
made more noise than the prisoner.
According 10 the evidence offered by
the defense two women, who had just
come out of their residence at AZ Aborn
street, met Wagner who rooms at that
house, on the sidewalk just in front OF
the same building.
He walked along with them to the cor
them good night and stepped to the curb
ing.
They observed Patrolman Hayden
standing on the sidewalk on the opposite
side OF the street.
After they had passed on a few feet
they looked back and saw that the officer
had crossed the street and stood IN front
OF Wagner.
The latter had his hands in his pockets.
his head was bent forward and he seemed
TO be talking quietly 10 the officer.
Next they saw Hayden seize Wagner
by his coat collar. escort him across the
street and into a lane leading TO Foun-
tain street.
Immediately after the officer and pris-
oner had disappeared I'm the lane they
heard cries OF "Help! Murder!'
They were positive that there was no
loud talk indulged In by Wagner and that
he made no resistance whatever when
he was taken across Washington street.
Two other witnesses said that they had
ton and Aborn street for 20 minutes en-
gagged I'm conversation prior To the ap-
pearance of Wagner and his arrest.
Wagner did not make any disturbance
They were positive that he did not talk
loud enough to disturb them Whatever
was said and done no crowd was collect
ed. and Wagner made no resistance when
arrested.
The other witness said that when he
was proceeding up Washington street and
when near enough TO have heard any loud
talk III any had been INDUCED IN.
he saw Wagner being escorted across the
street and into the lane. and that no re-
sistance was offered.
Patrolman Hayden had testified that
before he used his club Wagner made a
move toward his pocket. as though to
draw a weapon.
wagncr's testimony was 90 the effect
that after he bade the women good night
Ia a.. sgaf
Broadway car. intending to make a call
on the East Side.
Hayden crossed over 90 where he Was
ner. stood, and asked him what he was
doing there
IL am waiting for my car"
What carr"
II will tell you when IL comes along"
Without any further provocation the
officer placed him under arrest and car
ried him through the lane.
When they were clear Of Washington
street Hayden said Now I've got you,
you OF a Jew. striking him repeatedly
on the Jaw with his fist and then laying
open wagner's scalp with a club
Then & was that Wagner cried out:
Help, Murder
Wagner denied that he made any at
tempt TO draw weapon or that he ever
owned revolver
when searched at the Central station
N
Gle found I'm his possession that could by
any possibility be construed as . dan
gerous weapon.
John w Hogan I'm summing up tnr the
defense called Judge Pirces attention 10
the fact that according TO disintcrcsted-
ness not more than ca seconds elapsed be-
tween the time the women parted com
pany with Wagner and the moment they
saw him placed under arrests that To-
make the arrest the officer had crossed
the street and at best the entire revell.ng
conduct must have been within a pcriod
OF ~ seconds. which was preposterous
claim 90 make: that no crowd was coll
lected by reason of the arrest. that the
place was not disturbed unless IL was by
the loud talk Of the officer. that tho cries
Of Help Murder" were not FOR any
imaginary danger. Tor the condition of
tho rieht side of Wacncrs head. where his
scalp had ncen laid open. neccssi'stinf
the services OF surgeon sttested shat
he was clubbcd. and that an fvnprolt,sr