The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-09
Many Spectators Attracted by
Hearing of Assault and
Battery Case.
DARBY CHIEF WITNESS.
BUILDING THAT THE PROSEcU-
TON SEEMED OF THE WEAK
kNEED SORT.

The trial of j. Bennett Gordon, man
aging editor of the Richmond Evening
Item, and c. S. McCool, circulation
manager for the same paper, charged
with assault and battery, is on in the
city court, and up TO three O'Clock this
afternoon, but one witness had been
examined, that being McLelland Darby.
who is the prosecuting witness in the
case. The trial is attracting large
crowds, there having been at least two
hundred people around the city build
ing and court room during the entire
day. Among the hearers and specta-
tors at the trial, the sentiment is in
favor of the plaintiff in the case, and
the assault has been spoken of on all
sides as vicious, whether justified or
not
The city court stood we'll in hand TO
break the record of the Harry Thaw
jury so far as securing men who could
be absolutely impartial. Fourteen Of
the business men who were summon
ed. practically acknowledged that they
had already formed opinions in regard
to the affair. and were therefore re-
leased The examination of witness
es did not begin until well on to eleven
o'clock when Prosecutor Jessup placed
Darby on the stand. and after both
Attorney Henry U. Johnson and Pros
ecutor Jessup had made their opening
statements.
Darby Recites Story.
In his statement to the jury. elected
by the questions from the prosecutor,
Darby related essentially the same cir
cumstance that characterized his state
ment to the Palladium Saturday night,
following the assault He stated that
about a week before going to the Item
office Saturday. he was apprised that
Gordon intended charging him four
cents for each copy delivered on ten
cent subscriptions and one cent on all
subscriptions where the contracts for
seven cents held good for some time to
come, or allowing Darby six cents all
told for carrying each copy of the
paper, although the written contract.
signed by Gordon stated that Darby
was to be charged nothing for papers
delivered in the north end of the city. /
This written contract was read by |
Prosecutor Jessup to the jury during I
the course of his examination. Darby /
related how. on last Saturday. when \
he entered the Item office and handed
McCool list of stops to the paper on
the north end route, Gordon became 4
angry and began swearing violently I
Then Darby stated that he also handed /
in his resignation and Gordon again |
began calling him names. at which |
juncture his wife entered the converse |
ton. Darby stated that at the time
when Gordon orderd his wife to leave
the room. he too. requested her to \
leave which she did. although Gordon /
Immediately telephoned to the police
to send a man to eject her from the
ROOM The policeman told her to I
move away from in front of the Item
office, which she did. Darbys subse-
quent arrival in the basement. Nc
Cool's refusal to give him his papers as
usual. Gordon's trips to the cellar and
finally the command to leave the cell
lar. were all told by Darby as was the /
assault which was made upon him by /
both Gordon and McCool
The testimony given by Darby aired /
the real grievances OF Gordon and /
himself. He stated that since he had I
taken hold of the route the subscrip- /
tion list had grown mainly through his /
own efforts and that the reason he
Darby did not wish to pay the four
cents a week was he cause many of i
the paper contracts. about 122 in num-
Der, called for delivery for several
weeks at seven cents a week Only
sixty-six. he said. were to be delivered
at ten cents a week Darby refused
to stand for this. according to his tes-
timony. and this is the reason, he
says. he was approached by Gordon
in the manner he was, when the north
end route question came up.
Weakened Prosecution.
The case was adjourned at noon and
reconvened at one O'Clock this after
noon at which time Henry L. Johnson,
attorney for the defense. took up the
cross-eXamination. 1t was shown in
this that for the past four years Oar
by has been in decidedly i'll health and
has not been able to do manual labor,
having to carry paper routes to sup
port himself and family
II was shown in the cross exami-
nation that up till last Saturday there
were but two instances in which he
was mistreated by Gordon. and then
spoken GROSSLY to Darby stated that
Saturday was the first day which he
had ever had any serious words with
Gordon and these led up TO the as
sault.
Up TO three o'clock this afternoon
the defense attempted TO prove that
Darby was always favored by the Item
management and that he on the other
hand had "double-crossed" them in re-
turn Attorney Johnson also made an
attempt TO drag the Palladium into the
fight by attempting to show that this
paper was instrumental in the trouble
at the Item plant. Prosecutor Jessup
at no time. mp till three this afternoon,
made fight for his client Attorney
Johnson asked Darby whatever he
wished, and Jessup made no remon-
STRANGE. The weakened prosecution