| Show THE ASSAULT CASE THE TRIAL OF OFFICER THOMAS I 1 I 1 this mornine morning in the district court tie ike oase case of the people people etc vs thomas F thomas was called up the charge apon which policeman thomas Is to be tried is that after he had succeeded in gr resting joseph harvey y the negro who hilo murdered city mar marshal marshai andrew gudt gurt august baith 1883 he took his prisoner to the marshals office in the city hall and there assaulted him with deadly weapon before lodging him in Is sil lall the case was set for orlaf once belore belore before but was continued because of the absence of a material witness for or the prosecution one J M goodwin Goodw ln better known as Dan danite itell goodwin this witness is a gain cain absent though he was recently in the city but it seems that the district attorney has his determined to proceed without him the morning session was spent in endeavoring to obtain a jury but only ten of the twelve necessary were secured owing to a number having formed or of expressed an opinion relative to the case some ot of the jurors evidently did not want to s serve serse erv e and il though they testified that the they thes had dot not heard iny any of the facts fac lac ts yet had bad flied eted opinions A special venire ventre of seven names was issued returnable at two p m w to which hour the court took recess the special venire furnished only one juror and another drawing was made containing five names from this the lol iol follows lury jury follows ary lows was completed and stands as C CD D brinton A AW W carlson Carison T G M smith willard A C shields 31 F simmons alfred isom geo R emery jas T smith jos derbidge E R G lambert after the jury panel was filled the indictment was read and ana mr varian of the krosec prosecution ution stated that they expected to show that after joseph samuel harvey was taken to the city hall and that while there several officers among whom was defendant struck their prisoner with a club their intent being to do bodily harm the first witnesses ifor for the prosecution 9 nomer HONER J STONE stose was called he was at the U P ticket office on the afternoon of august 25 1883 1833 at the time of the murder of marshal ma burt he ran to the scene of the occurrence but did not see officer thomas at first the negro murderer was taken into custody mr aft tho thomas mas was on one side witness went into int othe the city hall with the crowd the prisoner seemed to be either out of his mind or intoxicated went to the Alar marshals office at the city hall probably ten persons went in lif the room J al good good win binm al 11 davis A ivins and K R white were there so were john aird and officers thomas hilton and salmon the prisoner was searched while in the room and all his effects taken from him officer thomas told the I 1 negro that if f the marshal was dead the negro neero would be dead belore morning if he the defendant had to die f for fon or it the officer then struck the prisoner with a emans club and knocked him down where he received several kicks there were four officers around h him defendant did most of the striking mr hilton took out a pair of brass knuckles there was only one c club ab the negro was knocked down twi twice c e dd did not know whether thomas knocked him down the second time or not he staggered when he got imp up and seemed s tupi fled his head was wag bru bruised on one side he was assisted to the jail by the officers witness did not remember who took the prisoner out of the office to the jail aird was inside the jail and hilton c outside ut did not remember seeing thomas there Q what took place there objected to by the defendant mr varian said he proposed to show that officer thomas struck the negro while in the jail mr rawlins hawlins of the defence wanted to know upon which assault the prosecution intended to rely as it was improper to prove two assaults in one eme eve charge h the objection was overruled A 1 I say gay there thew was adas a disturbance tur bance I 1 the door was opened and the negro came out in a failing falling position witness was taking notes for publication gaw caw no club there cross examined by mr sheeks for sor the defense saw the negro at the place ol 01 the shooting struggling with mr air wilcken officer thomas came along the we people gathered rapidly and followed the officers to the hall J JM H goodwin was there and a number of others witness went in the office among the first there were about ten in the office he went in with the officers went in behind the pris oner onet remained there about ten ien the prisoner was searched by the officers he was next knocked biown down and got up and was knocked down again hain witness was in the northwest corner of the room P M there the officers were around the prisoner he was taken to tuela tuell pie tib tle of minutes aft att after atter er the second knOCk knockdown ing lug down in the room defendant had prisoner by the coat and struck him on buthe the head SAW no other club saw no pistol but a pair of brass knuckles with which he believed mr hilton struck the prisoner saw no club before the striking or afterward ter ward thought defendant took it from his hits pocket salmon and aird were also aso there while the negro was belne bems taken to the hall hali hal hai he was talking and actina silly was not hard to manage in the office he was orderly and made no resistance heard no abusive language was in the office about ten mf minutes gutes lutes the wound on his head was pulpy and bleeding he was assisted to jail walking did not remember what officers were with him did not think he could walk alone he be acted like a drunken man did not see any one strike him in the jail saw no resia reslA resistance ance was leaning forward when he came out of jail and teil lell there was a crowd of several b he u a dred persons there did not see hinr blur getup get up afterwards did not know wheal tl erl er mr A ir thomas was in the jail or loa 1 there was considerable excitement the office when he was there but very little talking did not know who did the kic klc kicking king kinz ee re redirect direct by Mr Varian Varlan saw a lope there the prisoner was lying down when the ropeway rope rop was ewas used it was a po lic emans club similar to one exhibited when the negro was being taken to jail he acted la in a silly manner the defense objected to testimony concerning not conc ernina the defendant objection sustained milton mllton 11 davis anthony ivins and ana richard bichard white were called their testimony not differing materially from that of witness stone except ithac davis and ivins did not see thomas use a club and white was not sure whether he did or not the court adjourned until 10 loam am today to day tuesday when a police mants emans club was offered in evidence by the prosecution and that side rested mr J L ellins rawlins stated that the defense expected to prove that the negro was very violent from the time of his firing the fatal shotard sho tand tand taud that force was necessary to subdue him that there was an excited crowd demanding that he be lynched that he was taken to the marshals Mar shills office where officer thomas searched him that he made a break for tor the things taken from him and officer thomas struck him in the face with his list that someone from behind seized the pi pils plis is oner and threw him down and officer thomas assisted him to rise and struck no other blows that there were no other wounds on the nem neg negros gros head except such as were inflicted upon him in the struggle with officer wilcken at the scene of the murder that no one examined the negros head in the marshals office that it was with considerable sid erable difficulty that the officers got their prisoner to the jail that the crowd which had bad gathered tried to force open the lall jail all door doof tha that t officer thomas drew his pistol and ordered the th crowd back when the negro sprang into the crowd and an instead of being disabled was s so 0 powerful f ul that lie he got up three times in spite of the efforts of the crowd that the officers were unable to take the prisoner from the crowd in time to save his bis life and salmon whom the witnesses for the prosecution testified was in the marshals office was not at the city cit hall at all the negro was also a most violent character having killed the cb chiet chief lef let of police in cold blood and shot officer wilcken in the arm and the action of the officers throughout was commendable WM SALMON was called was not at the city hall at the time of the hanging I 1 of the negro IL as s had bad been testified by the witness stone dr jeter clinton clem B R horsley john aird dr daj J M Ben eclet dr gus gas king james white and wm hilton ware called by the defense their testimony agreeing with officer thomas own a account as given below THOMAS THOMAS F the defendant went on the standard stan stand dand and testified he was on duty that d day ay when near the post office he heard some shooting and ran toward the place when there he saw a tall nee negro ro and officer wilcken heard some some one call that the negro did the shooting ux several had hold of him defendant ordered them back and put his nippers on the ne negro ro and called george hilton hilion to assist mm him william hilton staying to see what was done on the way to the city hall the negro n i was very boisterous and wanted to kill more men the crowd was calling to the defendant to release him but he ordered them back the ne negro 1 0 asked will you yon protect me FA F defendant A enfant said 1 I will my business keep quiet he told aird at the hall door to keep the crowd out in the marshals office he ordered the prisoner three times to hold up his hands bands and then searched him findan finding some money and other things th the e negro was boisterous and objected to being searched he put the things on the desk the negro called him some names and the officer said if he acted that way he would slap him he repeated it and the officer slapped him open hand band then some someone one tripped tripp edthe the prisoner and kicked him at which the officer ordered him lef left t alone some iome one said he shot an officer and thomas said if he had he would die witness sent aard aird to open cell no 7 and followed with the prisoner leaving geo hilton outside to keep the door aird could not open the lock and went for another key win wm hilton came in the colored man jumped and thomas drew his club and struck him on the arm and the tha prisoner fell thomas told him to stay there ethere aird came in and the door was way thrown open defendant drew his pistol and ordered tiie the crowd back they seized the defendant fen dant when the tile negro got past into the crowd told the crowd to stand back and got the negro on his teet leet when he was knocked down by the mob again this was done three or four times some one then than kicked defendant on the hand and disabled him when helas he was crowded back and retired to the city hall cross examined by mr varian heard the cries of lynch him did not know who was shot until allton told him in the jail did not notice how many were in the marshals office some came in th through the court room tile the negro was boit bolt boisterous boi bol at times as either drunk or crazy def defendant end had bad his club in his pocket sla sia slapped p the negro because he made him mad and was excited because he cheari an officer was shot and was called names the blow did not stagger the prisoner his big tace lace was wak bloody somebody pulled him down did not know who I 1 t vas he was tripped down once defeglia defendant t remonstrated hilton was close b by said sald saidie kif lif the prisoner shot an officer he thero on ought h to die did not know who was in the room om in the jail the negro made a break for the door the officer moved to strike him and he leaned over and fell to the floor on his side wm win hilton then came into the jail it was rather dark did not want the prisoner inside the second door the nippers were on when the prisoner was taken into the office was a little afraid he had a weapon did not think it necessary to keep the nippers on defendant bade bada abeen hurt by smaller men in the office struck the negro because he was very abusive the defense rested mr varian varlan for the prosecution made the opening address to the jury he was followed by mr air rawlins in behalf of the defendant the court then adjourned until 10 am aeto today to day this fin gm orning hon F S richards made an able argument before the jury andar and aud mr varian closed for the prosecution the court charged the jury that to find the defendant guilty it would be necessary for the evidence to show beyond a rea reasonable anable doubt that the defend defendant int did as charged without reasonable provocation the officer the right to use such force means as were needed to arrest prevent the escape of and control as well as protect the prisoner he had no right to act from passion malice or ill will or because of the use of offensive language mere errors of judgment should be looked at with leniency and the jury should take into consideration the circumstances and adjudge judge reasonably ond an fairly those a actions tio ns impelled by improper motives were criminal the jury could find either for assault with deadly weapon with intent to do bodily injury for assault or of not guilty the jury after belna being out four hours returned a verdict of not guilty |
