The sun., 1910-02-25
HORNBOVER FOR PRISONER
GETs ETIDENCE THAT MAKES
PROSECUTOR PLEAD SURPRISE.
Thls Was an Cross-EeNa mlnatlsn oi an Eye
witness Of the kIIIInS Of Giovanni
" Chleca by John washington. COlored
-DtsKust MInGIes with the Surprise.


witness sG the KIIIInK Of Giovanni
w ChIeca by John Warrington. COlored
Disgust MlnGIes Win the surprise.
William B. HornbIower had an active
day yesterday in the Criminal Branch
of the Supreme Court, whore he 10 de-
tending a negro as assigned counsel
10 a murder trial He rstened to tes-
tim0ny on the riotOus characteristics OF
the San Juan Hill section or the town.
he brought out evidence OF the way
policemen use their clubs, and he heard
good deal about the rules Of pinOchie
from an expert who judged the game on
secount of which the dead man was
alaot t
lt's on a story Of regular West Sixty
6rst street saloon scrap over a FIVE cent
stake that the trial hinges. A big Irish
cdp was the first witness TO get into trouble
with Mr.. HornblOwer. He was John
J. Cullen OF the West Sixty eighth street
station and he told about running
into basement in West Sixty-secOnd
street on the night Of August 30 after
q negro who had come out OF q ginmill
near by. The man was John Washin gton,
the defendant in the trial In the base
f,ent two policemen held him while two
Others took his gun away.
Did you hit him with your night stickp'
asked Mr. Hornblower when the police
man was turned over TO him for cross
examination.
sYes, on the bodv,- ives the answer
Not on the head?" continued the lawyer.
Il don't remember"
.Why did you hit him? just on general
prinriples7' asked Mr.. Hornblower.
sCulien laughed uneasily.
Now just tell this Court and jury
whether it wss after the gun was taken
away, from this defendant that you
yes, Il was" came from the policeman.
The game OF pinochle into which Mr.
Hornbiower inquired had occurred six
weeks before the night OF the murder.
But the topic was revived on that evening
when Washington came into the saloon
for pail OF beer. 30 testified Frank III.
Richards. one Of the hangers around. who
was called from pool game 20 settle the
question who had won that game and the
wseered nickel, Richards spoke with an
ltalisn twist to his words He was spot
ting the other man eight balls when he
was called away, and even on even terms
the other man could heat him. Never
mind that game said the croes-e xaVniner.
~how about Washin gton and his pinOchlef
50 Richards explained that the merits
OF the disputed game were Submitted to
him because he played good deal Wash
inKton and another negro had bean play
ing against Giovanni Chieca, the muir
dered man. and one Charlie Smith. Rich
ards stood at the bar. he said and with the
negro on one side aud the Italian on the
other determined that Washingtoa had
lost the game and the nickel Then one
word led TO another and a big black man
tried TO put Washington out OF the place.
AZ they reached the door Chieca ran be-
hind it and came out with a club. He
tried TO lay it across the negro. but the
bouncer was In the way He struck the
aaif instead
-She came blami and zingi Da club
and da gun together declared Richards.
H& hadn't seep the gun. but Chieca feil
and died moment later in his arms Mr..
. Hornblower emphasized that the Italian
STRUCK at washtnyton, and he dweit upon
-pever4l times with his eyes on the jury.
Assistant District Attorney Moss wa =
appanently diegnsted with the witness.
He said that the District Attorney nust
X E,bead surprise because this testimony wa
BdereHt from anything that Richards
t.ad said at the Coroiser's inquest.
A Richards was describing the run in
that led 70 the fight he said that Washing
fDn threafened 20 kills ChiecA -Up ia
4Rh Juan Hill they don't mean nOthiR {
~ thai. = he said
fF-I Soc" remlrtsI Mr. H0rnblowsr
&nIlingiy: -it just a % Its plels tatry
If The trial will be continued to-day