Waterbury evening Democrat., 1905-09-20

Officer nniiings Assault Case Aired
In Court To-day.

4
court today the trial of Thomas Rus
sell, THOMAS Bolten, Michael Murphy
ana William Griffin began. All were
charged with assaulting Officer Null
/ nngs on Pemberton street, opposite
Russells saloon Sunday noon MUIR
phy was also charged with intoxica-
ZION and resistance and Griffin with
resistance. The defense moved that
the states witnesses be excluded from
the court room during the trial be-
cause they had an opportunity to col
iaDorate. The state objected and said
the defense also had chance to do
the same The motion was denied.
oficer Mullings then stated that as
ne was approaching Russelps place
ne saw crowd of men leave the We
randah. Bolten seemed to have seen
nm first for he beckoned to the rest.
| Russell came out Of his house, stu
ated In the rear of the saloon. He
was In shirt sleeves. Mullings re-
marked to him that he was leaving
tnem out too Often" whereupon Rus
sell invited him to go into the saloon
Mulllngs said he would get there soon
enough Tor him and then Russell
struck him in the face. Mullings re-
/
LOOK nand In and struck the officer.
/ Bolten ran back to the crowd in the
rear and wrested the black jack from
the omcer. Inc latter was still tus-
SING Win russell when Griffin kicked
MN. GrlInn tried to throw me-
SAID the omcer, but l threw Russell
ana tney pulled him away and Rus
sell kicked me: | got up and went for
1 throw nm
b0lten ana Grlmn ana another man
Wnom don't know, Went for me and
some one backed up team on to me
while was down. | held Murphy,
VINO was IN the crowd, and Russell,
boiten ana Grlmn went for me. MUIR
pny was drunk. l got hold Of Griffin
ana ne SAID what are you arrestin2
me forF ana ne struck me In the face.
Murphy got mold OF the fence and |
Tled TO get MIN away. Griffin went
Tor me and then assistance came. On
the way TO the box Russell said he
could Hex the whole police force man
| by man, ana told him l could do him
II his crowd only let me alone. Crit
nm tore my coat collar and Murphy
got MS hand In my mouth and lifted
me or the ground and as he did so
let MIN nave one. My clothes We're
torn, my helmet was knocked off and
my Jack was somewhere In the
crowd"
Sergeant Pagan and Officer Heaiey
testified to what they saw which was
a partial repetition of Mullings' story.
They added that Mullings was bleed
ing from the mouth and his clothes
were disheveled and dusty giving ev-
cry indication that he had been
through a rough house.
Then the defence began. Over a
dozen witnesses testified. Not one
of them saw Russell or any of the ac-
cused do anything that should war
rant their arrest. Most of them said
they saw the officer push Russell off
the sidewalk. Some of them said the
officer was on the outside of the walk
when he did this but they could not
explain how he managed to push Rus
sell into the gutter when Russell was
in the inner side of the walk. Miss
Nellie Altman was one or the most
positive witnesses for the defense.
She saw Russell hand the officer the
keys Of his saloon to satisfy himself
that there was no one there and that
no business had been done that DAY.
She did not see anyone strike the
officer but she saw the officer strike
Russell With his jack. Miss Eta
White, Of 90 Pemberton street SAID
she saw the ofhcer pull his prisoner
across to where Officer Healey held
Murphy against the fence ana deliper-
ately strike him In the race three
times and kick him as hard as he
could In the stomach. He seemed
to have lost his head, she said. AZ
this point the defense remarked to- the
court that 1t was not right that the
officers should sneer ana ieer at tne
witnesses when they stated some pos
tive testimony.
Mrs John Savers also SAID sne saw
the officer strike Murphy IN he race
three times, though MURPHY merel!
wanted to see MS WIRE VINO had iaint
ed. MIS- Sayers was certain ol enls
because sne was stanuIns wi'hln
loot OF Murphy. murphy, she saiu'
did not strike OF uy 10 s'riAe any
Dody. - IN.
| Wlllam fltzpaurlck' iea si.
street, sala ne saw 'he Mno s.,. a..
he was slahulns III - ~ b. 3D.
near the saloon win uiiLi" . anu 80
sen, Walung 70 ~ Inst -
Mhen Mullilss calle aio p,,.sc,i 80
ule Snicer va pas az ..ssor S ron, q IL
out nus Wa 49,, anu =. 'I .hot n,oo 80 as
Gu. .Vu 1921 49,. a. o,aHa ' tbat riooa 7
zen; u you uon SnoSe 90 a ~ p, mIaoos
VIII cIose ~ lor sou' a ai"a ;, ."e pnssoII
Vi sVn ln - - u e a., 49,. -,