THE AMERICAN
VOLUMl I
OMAHA, NIB , IHUHSOAY, OttOIUH 1HM,
JUDGETANEY
Onco Delivered o Decision
That Set the North on
Flre-Todau There
Is a Judge in Omaha f Ho Outrivals
tiic Roman Catholic Chief Justice
When Points of Law arc Up
POLICE JUDGE HELSLEY DECIDES
That Murphy Did Not Dis
turb the Public Peace,
When he Struck
John N. Westberg; He Decides
That There Was No As
sault Because the
PLAINTIFF-MADE
No I'i'MiMtence When iUtwIu'd
Iy tlio Defendant The
Iieform Movement
Now Swooping Over this Land Should Not
Stop Short of the Police Judfa of the
City of Ornahn,
SYLLABI OF DECISIONS,
Last week wo regaled our rendor with
A full nnd complete report of tho do
ings of I ho Roman In thin city during
tlin previous ton day. Inadvertently
wo omitted to itnfo Unit John N, Wont
berg hud filed an Information In the
pollen court of tlio cilty of Omaha
nnlriMt John Murphy, In tho following
form i
COM TLA I NT,
TheHlntoof Nchriiska.l In the Police
I Court of the Clly
VS, jHH, lit Omllllll IlllllK-
liis County, No
Joliu Miii'iliy, ) Itr-iiHkii.
fOH niKTI'IOIINO TIIK VKAVK.
Tint complaint mill Information of John
Weslliertf, of tlin eounly of IioiikIim, made In
the mime of llii' HI tile of Nehraska, heforc l ln
Judg" of I In' Police Court, within mill for t int
City of Omaha, hmiKlan County, Mohruskn,
on tlio 101 li lay of Heptcmher, A. I. Nil, who,
lii'liitf duly sworn, on his out li says, Unit, de
fendant, on or ahout the IAIIi day of Septem
ber A. l, Mil, lo Urn coiiiily In hi mined, mid
within tln corporate HiiiIIn of tlx City of
Omaha, I lien and there hclnK. did llii'ii and
there unlawfully disturb I In1 peace and uood
order of tlin Clly of Omaha, liy assnulllutf
and lieatlnK complainant, and dlMirderly con
duct,, contrary to the ordluaucce of the Clly
of Omaha aforesaid, and stal utesof the Stain
In Unit 1h luilf tnn Wli .1 mill rtititln.t the Mni'
ml itliottty if t It oi)i of the flNleof
It inn N, mihhiu.
SiiI-HIniI unit nrn to U fnip hie, I lil IhiIi
tlilj; of HcpltMiils-r. A, l,
I.IM IIHKIKV,
.Indite of Police Court uf tlie City nf Omiilut,
Tlio cno ennto on for trial, with M.
V. (ifttinon nnd I). l),inov,n m nttor-
neys for John Murphy, tho defendant,
nnd F,. K. Thomas, city prosecutor, int
John (. J'lpton nn counsel for tlin
plulntlll". From tho very start tho two
Roman Cnthollo Attorneys nttcmptod
to drag tho American Protective Asso
ciation Into tho ease, nnd succeeded
to tho cxtnnt that tho court Issued, n
subpienii for Chun. J. Montor, com
manding him to npponr nnd bring In
tho Ritual of that society. This or
tier from tho court put Romnns In high
foHthnr. Thoy Imagined thoy hud tho
IriHldo workings of tho American Pro
tective Association nlnmdy within tholr
grasp, hut theso fond dronms, thoso
cherished hopes woro rudely dispelled.
Mr. Montor npponrod In answer to tho
subpictin; ho answered somo questions
nnd hoiiio quoNiiotm ho rcfiincd
to nimwor, nnd tho court took
a tumble to Itnolf, It informed
tho KonmnH that It thought It-
Helf probably in error whon that aub
pu'tiii wait IshihmI, but It would IImIcii
to nrgiimontH Monduy morning at ten
o'clock, Monday enmo nnd tho nttor
noyit mibnilttod their iirgiimontii, TIioho
iirgiitneiit wor takmi under ndviwo
nient by tho court, nnd tlio following
day thin decision wan handed down;
"In tliW cmo (it thin tinio tho (chII
moiiy dlMclimeM that on tho night of
Hepteiuber 1 Ath a mooting of the A. I',
A. wnit hold In (Jarllold hull, near Six
teenth nnd Howard NlreeU, In attend
ance Yiif. John WoMtberg, tho com
plaining wltnoMM, Tlionnm Kliii'i).
ChnrloH Newhnll nnd (ieo. F (ilbNon,
Thoy came out front tho hull nnd to
gether (darted townrd Fifteenth Mtreel,
After they had gone nearly one-half a
block WoHtnorg turned buck nnd met
Murphy, An to what took (duett thoro
I not mi, on vnriimco In tlio tcHtlmony
of the wltnoKMen,
it In contended by coutiHel of tlio de
fendant that the A, 1', A. In nil organi
sation optioned (o CulhoIlcM, JIOVV
KVKIl Til AT MAY UK. TUB LWV
(51VKH NO MAN 'INK KIOIIT TO
LAY VIOIiFNT HANDS ON ANY
I'KKHON Oil I'UOJ'F.KTY HO THAT
WHATFVFJl MAY HAVF, UKHN
HONK AT THK MKKTINO AT'J'FNH-
Kl) HY WFHTIIKIKJ IN THIS OANK
('AN UK OF NO AVAIL TO MUK-
I'HY. 'J'ho ncln ntnl the coticernn of
the organization known nit tho A, I', A,
therefore ccuho to bo material by ylrtuo
of tho roanon JiinI Ntated,
"It U contended on Another ground
that tho nclN nnd concern of tho A. I',
A. are material, It U clulmed Hint the
rltuuN, tho bookn, etc, of tho A, I', A-
xlioiihl bo (irotlueed In court for the
piirpono of showing tho nnluiiiM nnd
unfriendly feeling of tho wIUicmh for
tlin Htalo townrd the defendant, nnd
tli dm tenting their credibility,
"In my Judgment thin In carrying tlin
doctrine of tenting credibility beyond
tho point Intended by the courtn, Wero
thin ponltlon a tenable one, on tho Mlgh
tent pretext tho reeordn of any oelely
or tho book of any linn or corporation
could bo brought Into court for ex-
Atnltiutlon,
On tho other hand It ban been nhown
beyond n doubt that tho member of the
A, 1. A. nro opponod to !iithollen. nn
tlihunn, A wit ROM for tho Mnto id
memlM-r t.f ttiM Ixtdy linn tent tiled thnl
tlmobjeii of theorgniili'ntbMt Into keep
Ainerlen from bcoomlng nubjeet to the
Uomnn hlernreliy.
"Ntill further, Ulehnrd O'Keelle, a
Uoumn Cut hollo nod a comtmitlon of
Murphy nl tho time Alleged in the com
plntut, wan a wltnenn for tho ntnto. Hit
trntlmony, which I believe to bo nbnolutn
verily nn to tho nulintnntiitl fueln, In
corroboration of tho evideueo of Went
berg, Klopp, Citmon nnd Newhnll, nnd
In not nttueked
"With thin view of the law nnd tho
fueln of thin cane, In my Judgment tho
ritual, etn., of tho A. 1'. A. Aro not
material nnd I nhnll not require the
witnenn to nnnwer nn'to whether or not
ho ban obeyed the nubpoena."
When tho court had delivered thin
opinion tho nttorneyn began to nrguo
tho onno. Mr. Doiinvnn nrgued that
Murjihy could not bo hold for iiHnnult
nnd battery, an It required two to mako
a light, or morn than one, nnd nn nn
nunlt nnd buttery wan n light.
In It P
Andei'Mon (and tho nltornoyi for
John Murphy will admit that It In good
Authority) nayn battery In tho unlawful
beating of another. Tlio doclHlonn nro
pretty generally on ono nldo In nnMiiult
and battery oanon, Ho far tot wo have
boon able to learn tho courts have nil
held that icvicitr buttery Include an an
nuult, A battery may bo either lawful
or unlawful. It In unlawful according
to Hlackntono (,'1-120-1), when It origi
nates In inalleo In committed In an
angry, Hpltoful, lunoleut or rudo milli
ner; when It In the rcmilt of ceunurn
lilo ciirelennuenn, Anderson ul ho fur
ther ntuton thnt 'tho leant touching of
anothor'n j)ernon wilfully, or In nngor,
In a battery,"
Tho Information doen not chnrgo
John Murphy with lighting, therefore
tho footer! Ion In Mr. Donovuu'n argu
ment thnt "It rerpilred two to mako a
light' wan Irrelevant and Incompetent,
Tho nuthorltle which wc have exam
ined do not clun nnnault nnd battery
nnd lighting in tho namo lint of oD'eiinen,
Tlin dlU'erciico between n tight nnd nn
nnnnult and buttery In thin: In a fight
both paction must placo thomnelven In a
(lonlllon to glvo nnd receive b'own,
while nnnnult nnd buttery oonnmtn In
ono party threatening to in tho flrnt
Innlunco nnd Inylng violent haniln
In tho nceond upon unother, find tho
degree of violence doon not cut any
figure, any further than to determine
whether It wan n enno of nlmplo nnHitult
nnd battery or ono that wun nggru
vated or felonfoiin, Tho Information,
In tho Nocorid jdnco, chargen Miirjdiy
with beutlng John M, Wentberg, Now,
in law what oonntituton n beating? It
Include not merely tho whipping,
wounding or hurting of ono ponton by
another, but nlno Include , nny unlaw
ful Imposition of hand or firm, Ander
son says the supremo court of Katinun
In IKH.'t, reported In ,'10 Kan, pngo fill),
In the cimn of tho stata ngalunt Hover-
i, held thnt to licit was to commit a
buttery. For this further ronton then
was tho argument of tho attorney for
defoimn Irrelevant nnd incompetent.
Tho third charge In tho information
In dinordcrly conduct, Any school boy
knows what that In, Wo do not have
NUMIM M ?
to limk tin Authorities on Hint point,
Vol' know It poiinmtn In doing mono net
contrary to hw. If a mnit slaps yiit
in tho fneo ho hnn !nou guilty of din
orderly nmduet, Thero In no law,
common or slntntory, thnt gives nny
person tho right to slriko nnntuer un
der flicti mil it neet nlmlbtr to (bono
which prompted John Murphy to nn
nnull nnd beat John Weinberg. No
lawyer In this city, or nnywhero cine,
will contend that (hero In unless ho
wlnhes to be held up before fellow
members of tho bar its nn Igiiorantons,
or something worse,
Attorney J. (!. Tipton mtulo n strong
enno ngnWmt Murphy. Ho proved by
(leo. K. (ilbson, Tom Klopp, Kiohnrd
O'KneH'e (on orons-exumlnatlon,) Clin.
Newhnll nnd John N. Westberg that
tho complainant, Westberg, wnn proba
bly thirty feet away from tho defendant,
Murphy, when ho was hailed; that ho
turned around and walked to where
Murphy nnd O'Kooll'o wero standing;
that after the words quoted last, week
wero uttered Murphy struck Went berg
and knocked him Into tho street, Tho
defense introduced no testimony In re
buttal. After tho attorney hail argued
tho case, the Judgn took It under nd
vlsemeiit until Wetlnentlny morning,
when ho delivered the following opin
ion: JimIkii Hclnley reviewed the cane, tiiiyn lint
World-Herald, and Hiild that Miirhv could
ntit Ifit Kiilliy of unhid 1 1, or HkIiIIih?, a It, wax
plainly to he neeii that VVtiNfheiK olTered no
rcNlKiuni'c, and one man could not (IkIiI,,
CoiitlnuliiK Mn honor saldi "An to the din
orderly conduct, an ordinance of the cit y now
In force and the only one crenl Inn Hie oll'euNd
(dlwii'ilerly conduct, provide that any per
niiii tvlioNha.il lndule In any Indecent or dis
orderly conduct, or In lewd or HcelilloiiN he
ha vine In any street, etc,, or nIiiiII commll,
any Indecent, ImuiodoNt or llllhy act In (lie
presence of any person or In nucli a hII mil Inn
Hint pei'Nonn piinnIiik iiiIrM, ordinarily Nee
the Name, hIiilII hi deemed Kullly of a mlNile
lueanor, ele, Now It In plain from thlHorilln
linen that the council Intended to prevent
and keep from puhllc (ra,e or nIuIiI, any act-i
NeiiNUoiiN or deitradliiK In their nat ure and no
regulate where needed, person In their
rooms no thai, passershy on the street or oth
erwise would not li compelled to look upon
llll hy and Iniiniiili'xl mIkIiIx, Now these words
shall he construed with reference to the suh
Ject matter with which the council was deal- .
Iuk when the ordinance was created, One
dellnltlou of the word 'disorderly' Is 'not re
ulaled hy the restraints of morality- un
chaste,' Another Is 'not comply Iuk with the
restraints of order and law,' Now the ques
tion arises, which one of these t wo dellnll.lnus
was Intended when the wont 'disorderly' was
used hy the council tu the ordinance Just
ipioted," The Judne then said tie could do
nolhlnK hot discharge the prisoner,
Do you understand what that decis
ion meansP You do not? Then wo
will tell you just what It menus. It
meuiin that you nro liable to bo assault
ed any minute by a drunken Irish Ko
manlsl who will bo acquitted when
brought to trial; It mean that you can
expect no protection from the polled
court; it iiimin that tho bars have been
let down; that every ltomati in the e!y
I licensed to commit nn assault on any
member of tho American Protective as
sociation; It means Unit Roman Catho
lic disorder, Roman Cnthollo lawless
nesn nnd Roman Catholic Intolerance
have had a premium placed upon them;
It mean that outraged Juntlen has been
smothered, no doubt, by tho shudow of
the Roman vote!
