Show THE THOMAS CASE Important Testimony of AVitiiesses Relative to the Assault The trial of Policeman Thomas was continued in the District Court this morning morn-ing Counsel for the defense opened by stating that the Hefense proposed to prove that the negro Harvey had niade a desperate des-perate struggle and had wounded officer Wilckens after killing Marshal Burt and that when taken to the Ci y Hall he still I continued to struggle fiercely the hands of the officers also while being searched he resisted Thomas who had done nothing noth-ing further than any officer had a right to do under the circumstances DK JETER CLINTON I Was then called and testified that when the negro was brought in a crowd entered en-tered the office with him The doors were closed and Thomas pro eeded to search the prisoner He found some cartridges and money in his pocket after he had been searched he made a demonstration as if to seize what had been been taken from him when Thomas struck him on the side of the head it was a light blow just then some one reached out of the crowd and threw Harvey down I saw Thomas reach down to pick him up the only remark re-mark I heard Thomas make was If you have killed Burt you ought to die there did not seem to be any wounds on Harvey Har-vey except the two inflicted by Wilckens L while trying to arrest him on Main street when Harvey went out he was still struggling Officer Hilton remained at the door of the jail and Thomas went in with the prisoner j Hilton stood at the front door trying to keep the crowd back the crowd seized the door and pulled it open i the negro then made an effort to get out when Hilton struck him with a club and knocked him down Thomas then went to the door and drawing a pistol told the crowd to stand back and tried to close the door at this the i negro bounded out and piunged into the t midst of the crowd Thomas tried to capture him but was prevented by the crowd the negro fell as he entered the rowd but regained his feet and knocked those near him right and left he was thrown down three times but regained his feet each time and it was not until the fourth time that the crowd was able to keep him down i the mob then got a rope around his neck and hung him to abeam a-beam Crossexamined door of the office was closed i none of the lynching crowd were in the office at the time of the search Harvey was not very violent when being searched but used some abusive language I think he called Thomas a thief and a liar there was no demonstration on the part of any in the office Icould not see into the jail corridor corri-dor from where I was the door of the jail opens out outMR MR CLEM IIORSLEY Was then called and testified substantially substan-tially as follows There were about twenty persons in the office when Harvey was being searched Thomas was searching search-ing him he found some money and cartridges car-tridges on him while Harvey was being searched he put his hands down Thomas I said Hold up your hands you black son of a gun and struck him on the side of the head I did not see a club or any weapon in the hands of Thomas I pushed my way through the crowd and went back to the Theatre CrossexaminedI was about the last man in the room I had some difficulty in getting in as the room was full I cannot can-not name anyone who was in the room at the time the negro had not been thoroughly searched when he put his hands down Thomas said Hold up your hands twice the first time the negro did hold them up and the second time he did not and Thomas said Holdup Hold-up your hands you damned cuss and struck him on the side of the head I dont know whether he struck him for calling him a liar or not I heard Thomas say If you have killed Burt you ought to die i dont think he said will die I saw a hand reach out and grab Harvev but did not see the body to which it be longed I did not hear any officer say Let him alone or anv words to that effect as Harvey was being picked up by Thomas I crowded out and went over to I the Theatre JOHN AIRD Was then sworn and testified I was in the room when the negro was brought in Thomas said stand back and mind your own business and I at once stepped L back I saw Thomas strike the negro with his fist and saw the negro fall but I did not see a club or any other weapon in the room there were quite a number of persons in the room so that I could not see all that went on when we went out to the jail I found the keyhole of the cell door filled up and was going out to get another key to unlock another cell Wm Hilton held the front doorr saw no blows struck in the jail Harvey went out voluntarily not being thrown out as far as I could see Thomas tried to pre vent the crowd from opening the door but could not do so Harvey escaped pact him and dived into the crowd The taking of Airds testimony occu pied the remainder of the morning ses sison In the afternoon Dr Benedict Dr King and Officer Salmon were ex amined but nothing of importance was learned from their testimony The ex amination of witnesses was still going on up to the time of going the press |