The chronicle=news., 1913-01-24
SPECIAL OFFICER
SCORED BY COUNSEL
Of ACCUSED NAN

treatment OF n prisoner. Defendant
nj the bar. by Deputy Sheriff Jack
McQunrrIe. were made In open court
this morning by Attorney r. N. Tip
ton. who in his Opening statement 10
the Jury declared that McQuarrie
had beaten Jerry sullivan. who, with
his fNo,her William sullivan. were
placed on trial in the district court
today for hox car burglary. Scoring
I'll" special officer for what he term
cd brutal treatment. Mr.. Tipton also
charged McQuarric with over zcnl-
business and deliberat" attempt to
railroad the defendants into the PEN
itcntiary 10 maintain his reputation
NJ detective. After all these cnus-
Tie and sarcastic references 10 Nc
Qnarrie. Tipton intimatcd that the
officer had broken the seal OF the G.
and $. box car and blamed the crime
| on tn. defendants.
Aneercd by what he termed an
"unwarranted attack" upon a witness
who had not We; testified. District
| Attorney Hendrick objected TO the
| court and asked that counsel for de-
| Tense II" compelled to confinc his
| statements 10 n summary OF the facts
in the ease. and Tipton was thus In
| siruct"d
I"rry and William sullivan are
charged with breaking the seal OF
u e. aud $. box car In the yards on
the night of May 2?;h. which car
was loadcd with merchandise con-
| signed by the Colorado Supply COM
| paHy To different stores In the
county. One OF tho men Is alleged
10 have been caught rcd handed
by McQuarric who. lying on the rods
underneath n freight car claims TO
hnv" watched the TWO brothers and
finally TO have seen Jerry jump out
OF II ear. Admitting that he crap-
pied with the man VINO jumped from
tho ear almost on top Of him. Nc
Quarrlo denied he had struck Sulli-
van or beat him In any such manner
ns claimed by attorney Tipton.
| The PRINCIPAL witnesses OF the
sint. were J. J. \. Abcrcrombic and
Jac. McQunrrIc. Abercrombic. 60
Ing down to his place OF business
abou; S:30 that night saw three
men walking the tracks and overhead
one OF the men remark ITO Il
With Jack McQuarric" or words to
that vulRarly expressive effect. Half
an hour later he came up town and
met McQuarrie and told him what he
had heard. McQuarrie became sus.
| picious that n job" was going to he
pulled off and went to the yards to
watch the string OF merchandise cars.
Thus hiding himself he lay and
watched the two Sullivan brothers
nj first sitting down and then walk
Ing about among the cars. Aber.
icrombie. In his testimony stated IL
WAS about nine o'clock when he noti.
fed McQuarric as the cerfew hell mad
runR while he was talking.
| Mc0nnrri, faaffffnd NJ rOipU 70 th =
Yards and watching the two men. lie
described how they one at Il time
passed into the shadow OF the box
ears and finally he heard seal
broken and door opened. EmerE-
Ing from his concealment he saw
one man run after exclaiming look
out. At this juncturc one man
jumped out at him from an open
box car. This man was Jerry. de-
clarcd McQuarrie.
II When the witness was turned over
TO the defense. Attorney o. II. Dash.
er. associated with Tipton. put Nc.
Quarric through a grilling cross cx-
animation. The question bohbed up
which OF the Two defendants was
Jerry sullivan. They looked much
alike.
H McQuarrie knew that the one he
\
and largest hut was uncertain In his
identity. He pointed to first Que
and then the other and Attorney
Dashcr did his utmost to confiss
the witness. AT the same time firing
questions at him with the rapidity
or fourth OF July sky rockets going
up. McQuarrie then told of taking
Jerry TO the county pail. OF later ex-
amininS the car and then going to
the Sullivan home. Thomas Gregory
was arrested the same night but was
released next morning. William Sui
Ivan was arrested later the same
night.
Other testimony was offered by
the state to show that the car which
was broken into had been properly
| packed and sealed. McQunrrie stat
ed that the car was sealed when he
| inspected the ears earlier In the eve
ming.
Reiternting the statements made
by Attorney Tipton in his opening
argument. Jerry Sullivan on the wit
ness tand told of being beaten up
and kicked by McQuarrie several
! times on the way to the county Jail.
lie said that he officer kept cursing
him. He declared that as the result
or his beating his head was cut and
his nose was cut. He exhibited to
the jury what he declared to be the
mark of the wound. He maintained
up and down that he had received
the scar that night. Later he ad-
mitted that the original scar was
made by an injury received while
working in the steel works at Pueb-
10.
Both he and William Sullivan dc.
MED having broken into the box car,
The latter. when asked denied he
had been convicted in Pueblo for
stealing bicycle. Warren A. Hill
under sheriff at Pueblo. called by the
state in rebut,al testified that Sui
livan was thus convicted.
In the closing arguments Attor-
neys Dasher and Tipton took another
fling at McQuarrie, severely criti-
:l u Il M for iLG ,lIx,xss.l