Evening journal., 1911-04-14
SAYS ASSAULT
WAS JUSTIFIED
Boys Accused Of Attack on
MIR. MCGOVern Put in
Their Defense
JUDGMENT In CASE T0BE
GIVEN THIS AFTERNOON

The defence was heard I'm Municipal
Court this morning In the case Of
Charles X. Ryan. William Wood
mansey, Paul Witsil and Clifford
Thompson, boys who are charged
with assault and battery upon Clerk
Of City Council George II. McGovern
near his home at Fourth and Frank
lin streets. on the night Of February
"a. Then Judge Cochran reserved de-
cision in the case until o'clock this
afternoon.
Walter Mcclure testified today that
he lived at No. ZOO Monroe street and
that he remembered on the night Of
February "a seeing the other boys on
that corner. II was Ills o'clock
when he saw them and he noticed
Witsil and McGovern having some
kind of an argument. He said he
saw McGovern run out and hit at
Witsil. The latter knocked McGovern
down and the latter got up and kicked
Witsil Witness said he heard Ryan
say to McGovern 10 fight fair. Dur
ing the scuffle, Witsil and McGovern
both went down after which they
separated He said that the other
boys took no part i'm the fight,
On cross-examination Mcclure said
he was coming from the theatre at
the time he saw the fight. His testi-
mony was mistaken
Michael Cunningham testified that
he saw the trouble and when he first
saw the boys they were standing I'm
the middle of the street and Mr.. Nc
! Govern was on the sidewalk calling
the boys "scabs" and towards" Wit
ness said he saw Mr.. McGovern strike
at Witsil The latter knocked him
down. Witness said that when Mr..
! McGovern got up he kicked at Wit
/ sill and struck the latter's foot, break
] ing a bone I'm his own ankle.
Upon cross-examination witness
said he did not hear the other boys
say a word during the fight.
/ McGOvern Not on Trial.
One of the first questions asked
Clifford Thompson by Mr.. Bal
brought a protest from Assistant CITY
Solicitor Chaytor and some words
from Judge Cochran
"Mr Thompson" asked Mr.. BAN
"did or did not Mr. McGoyern sen,
for you after this trouble and tel
you II you testified in the case n
would have you arrested, and as
matter Of fact weren't you arrested
Don't answer until Mr.. Chaytor ha
chance to object" admonished tn
, court
Mr.. Ball answered the objection b,
saying he wanted TO show that NC
Govern was obstructing the court.
Judge Cochran sustained the oblec
tion. and said that the court was no
trying Mr.. McGovern.
LAS a matter of fact / ordered tn
warrant sworn out for Thompson,
said Judge Cochran.
The witness did not answer tn
question.
In telling of the fight the witness
said that they went to Fourth and
Franklin, and Ryan asked Mr.. Nc
Govern why he sent an officer TO IN
house. This. he said, led up TO al
argument and that the other boys am
Witsil retroated to the street, wher
Mr.. McGovern followed, and pushei
Witsil. and blows we're passed. wit
ness said that Witsil put his fist unde
McGovern's nose after Mr.. McGoverl
had pushed him and made a pass a
him. He said that both participant
hit each other, and Mr.. McGovern wa
knocked down. Witness said Mr.. Nc
Govern kicked at Witsil and the LAT
ter stopped the foot, which seemed
injure Mr. McGovern.
Testimony Is COrrObOrated.
William Woodmansey, another o
the defendants, told practically th
} same story. He said that during tn
: argument with Mr.. McGovern abor
having sent an officer he said ths
{ Mrs. McGovern raised an upstair
I window, and pointing to witness, said
% "He is the one" WoOdmansey sal
3 he went away when ordered 10 do s
2 by Mr. McGovern, and took no pal
e in the assault. He said he saw M
/ McGovern push and hit Witsil but dl
I not see Witsil hit Mr.. McGovern unit
p after the latter had hit him.
e Witness denied that he had eve
?, threatened to "cut Mr.. McGovern
4 heart out"
Paul witsil told practically tn
? same story as that told by the forme
witnesses. He said Mr.. McGOver
had struck him several times and ha
called him coward" and other name
He contended that McGovern followe
him and kicked him on the ankle, an
while he was rubbing his ankle h
said that McGovern kicked him
the mouth. Witness said he was neve
! on the corner before that night, an
? had never had any words with NJ
a McGovern, and would not have struc
J him If he had not been struck se'
! eral times and once when he had bot
= hands in his pockets.