The American. (Omaha, Nebraska) 1891-1899, February 09, 1894, Page 5, Image 5

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THE A M E RICAN,
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UNJUST SENTENCE
1 li ' ; I I ( f I HO p-1h
tutwa; ty tt . r. w
ft lliibw f IHc tilth tit Whir !
ttstifwl 'rHTriln( n Ihf I'M I
f hf I'rtWHIwHwtli
A rACKtt) JUMV.
Vt, rt Iim it ate Untile ii.m tu. l!"
f'ii U-iniiio tviitt h. Sin h I H,e
I'HM Wttl Hie ttimatiit lit till' I'flitsU
f Kii litv nfitih-t I likl.fp J. V
, 1i'Nntti:i-n. The p j of H1 ci'j
Ami I mil s iitli'itif, Mn, hit inrnyiil
Is-jotn! the Hicr of riiiliirtiiiii', No
SOttl luii' Iti'lltlll'ltt lulu lirf bet II
tmuglt before 1 li ti) it In the .tl
since the death of 1 lie Spanish inqnUI
linn. The iri'iittncnt ncclvttl by the
hit-hop front the ullli'lnls of county
cannot Im ul in print . Sullleo it In
nay Hint nothing short i( starvation
Bin! death won hi Hiillii'i lln statement.
Tho abuse which ho ha endured, and
lllllliy Hhll llHVll attempted 111 assist
him, In too hit ho uml profane lo come a
a repented scr.'.enco from the tnoulh of
a mint w ho him tho slightest hit of self
resjH'ct. Written tct-timohy run
produced to thin effect, tit any lime.
Men ilo not fight Godly touching, hut
they ahhor the dlabolleiil net of men
in whom tho enforcement of lawn lire
reposed, nnd who make the lawn jailM
cul purposes, and corrupt their power
for persecution and gaining strength
with such an element an will sustain
them therein.
Tho trial of Bishop J. V. MeNamara
before Justice Nichols, of Indepenilenee,
Mo., where a change of venuo had been
taken from Justice Latshaw's court, In
Kansas City, wan nothing more than a
tribunal of inquisition with tho entiro
court of tho prosecution an inquisitors.
The case wan called about 10 o'clock
on tho morning of February 1, 18M, In
tho lower court room of the county
court house, with an over-flowing aud
ience. Tho charges accusing the
bishop with slandering Priests Dalton
and LIHIh were revised by tin) prose
cuting attorney, Marcy K, Jlrown, bo
fore tho trial, so that they could bo
niado to "stick." Before thm time, at
leant one day, a Jury had been sum-
morion by tho jiroHeeutlori, Tho attor
neyit for tho defense argued that tho
jury previously called should bo nut
aMide, an those who were Instrumental
In procuring it were prejudiced. Justice
Nichols overruled tho motion to set
aside tho jury, saying that he know
nothing of such a jury being (turn
moned, but admitted that it had been
tho custom to prepare a 1 1st of jurors, to
nave thno in tho procedure of tho court.
Marcy K. Brown, prosecuting attorney,
became very wrathy at tho statement
that a Jury had been summoned, and
said that "it was an infamous false
hood." Attorney Burnharn, for tho de
fense, asked for proof to bo brought
into court to prove his assertion that a
jury had not been thus summoned, and
ntated that ho believed that Marcy K.
Brown had been furnished with a list.
This cooled Mr. Brown, but Justice
Nichols refused to order tho constable
of Bluo township to summons a new
jury,
Tho pooplo bavo become very Indig
nant that tho officer who would have
presided In tho Latshaw court had fol
lowed the case into another township
and another court, and took tho place
of the officers who should have pre
sided. Tho case mlht as well have
been tried in Latshaw's court, as the
only (IIITcrerico was tho Justice who
presided. The first ease was the alleged
slander ol I'rlest Mills. A bard fight
was madn to secure an unprejudiced
jury, but it was not accomplished. The
witnesses for tho state were: Kdward
A. Brlttan, of tho 7'ms; John W,
Booth, a policeman; Andy O'Hare, a
policeman; Jas. I). Mackey, ICI Oak
street, a paper-hanger; Jules C, Boson
berger, of tho Mr; Arthur Morrison,
cx-deputy from Latshaw' court; Officer
Cloppor, a policeman; Frank Dally, a
policeman, and Frank Oilbins. Tho
evidence obtained from these wltncnsen
was virtually word for word on tho
points probed by tho prosecution, and
answered with nrnllen and ready ro
spouse, but when questioned by tho de
fense tho witnesses became evasive and
orno Impertinent.
When Mr, Brlttan was asked by tho
defense why tho word "bishop" was
placed in quotations in his article In
tho Tivu, ho replied: "To indicate
that he wan not." When asked If ho
knew that J. V, MeNamara was riot
a bishop, ho answered: "I know noth
ing about It," When asked what tho
bishop did when stones were thrown
through tho window of Turner hall, on
tho night of January 10, at tho lecture,
ho answered: "Appealed to tho crowd
to keep cool," Ho also ntated that tho
bishop read from manuscript or book
part of tho time, Tho book referred to
wan Kenrkk'n "Moral Theology,"
Mr. Booth testified that ho wan on
duty at Turner hall during tho lecture.
He ntated that he wan a member of tho
Catholic church, and that ho had lived
in Independence at a previous tlmo. Ho
claimed first that there wan "only one
disturbance that wan when they were
leaving tho tall." lie stated later that
1 HV t In i n
,1 It. t ' t
U I 1 1.1 ) 1 . !
I mul It ' il
(,. il, V till' Im., I x
It..- I ,.!.. ). "
M M
I.. r tlx
kf S lit 1 !' 1 '. I
t.l- ' t,. in. .t l M 1 1 1
t.Kl IHinnt W iii!i'l In iinl iii.ln .1
I't lite ii ittn-h til ti e iitlnl Hit
ti i Id ,! ti nt In' mi" .I
I 'sHmiIic, t ill "lie ll f In lli-1 li'iH h "
Tint tin-liiliiip "nlinil m!t hi
I liii'ij. Ii lit lii "in w whin I In
tlii Mi " Hi etltliitiv i. ii, . hi
Ii nil bill mn' r tn nii l.
Mr. lliKi-nU ii' i, "I tin' .Viir, letl
finl lit lii'- wtili tl.n mliim on Hit
"li Til;t.' mihl," . trtl. .1 Hint Hi
bi-liiip l.iiil a lunik In hi' linml, Him h
l,e m.i.l vis. 'KHirl.V Ti.i i.I.v),' i..I!I
II. nl lihiip tliijfitn liti.l tie' Ihsik In In.
II'IIHI)," 'I'lli. I. III!' Is.'ll Vlllill)
Hiliiip.t, V. Mi Niiiniii it liiim it hi. let l
lire lipnli. ll'nl li'i li he tjntili il (iniii,
uml t li,i bimk ttliii'h it tuliil oiil if
court lis e hit lite of wlint Hie hi-lmp
.iilil III III" h I'lul'f.
At'l hut Miirt leiiii i liilitieil lii lie ot Hie
Mil In hI in t fiillh: Hint he iiii r
ili piily from l.ulxliiuv'. cmul; Uml he
hail w rvt'il for about Uu IihuiIIim, but
was not a deputy now, When iihh
tinned by the defense he grew Impudent
and evitnlvo. In answer to que-sHutm
rcgitrillni; tho bishop quoting from
Kenrlek's Theology, mild "lie h:ul a
Ismk In his linml," that when rocks
were thrown through the hall windows
from the Hillside, that the lilnliop mi hi:
"Let the Dalton gang ennio on " He
staled further that "no one in the hall
created a disturbance," although it man
had been ejected from the hall for call-
tii V ni-.l I -vi i ! Ii
ing tho bishop "a liar," and which faotiJM77. The further tijstlmony was cut
had been given In evidence, oil by an objection by I'roHccui.Ing At-
Officer Cleppor nald ho had been a
member of tho Metropolitan police
force for nearly nix years, and that he
wan on duty at Turner hall on tho night
of the lecture In question; that Ms par
ents were Methodists, but lie was not a
member of any church. His version of
tho points In question were similar In
wording to tho others,
Mr, Daily, a "supposed Catholic," or
an stated by hlrn afterward, "I am sup
posed to ho a Catholic," testified that
ho had been a member of tho Kansas
City pollco force for flvo yearn, and wan
present at tho lecture on tho night of
January 10, last, and verified tho sim
ilarly worded statement, "parrot-IIko,"
as given by other witnesses for tho
Mate, Bo nald that ho lived near
Tenth and Michigan avenue. In an
nwor to a question of tho defense: "Aro
you the officer who Informed tho mob
of tho bishop' whereabouts?" reluct
antly replied, "No, sir," that ho wan In
cltl.en'n clothes, and remained In tho
hall during tho entire lecture; that
after tho lecture ho wan at tho rear of
tho hall, on the street, and run around
to tho front of tho building when ho
heard nhotn fired, but did not neo them.
Bo wan asked: "Are you a Catholic?"
and replied: "Yes, nlr; nupsised to he."
Mr, Crlbblnn wan next summoned, an
tho last witness for tho ntaln, hut failed
to assert bin mime on tho stand, Bin
evidence was of little corisrquenee.
For tho defenne, L, A, May wan
plaited on tho stand, as a selection from
tho thirty-nix witnesses who wero
called from a list of two hundred or
moro in all. Tho court "ruled" that
tho defonno must limit it to tho name
iiumiier an wan lined by tho state, Mr,
May based his testimony on shorHiand
notes which ho says wero taken at tho
locturoon tho night of January II, JH01.
Bo wan questioned regarding bin capa
city an a stenographer, and ntated that
ho wan not a professional, but thought
that ho wan accurate. Ilo camo In to
f J i (.ill,., I it Una 111 I In-
j I hi .1 ,1 ni'l lnt- ttt Iiimi Ii ln.t
..4 , , . I .,, ) uni. t Is t I i (ii In I
, t i i ...
- l aii ki i m iii ii:m-, n ! k inn , i
Hist. HM. I tt at "In lit . I Ii -t't i In-i
,, n, ,l m i tl.ii II t.nii ii'iittn :
,1 . ' .t 1. ' .111 I L I.' It L till h I t I ! :
I- it k liMii-tl l Hi- tM t.t n tnitiml !
tit 1,'iw 1 1n i nli
liit I" ni n nii lii
l,.,, iu I
mul ,tiii. hi In
rir tMiii i l ulili ii'Hiiin r li lull-' thej
itiii In t tkii lisji- Hint It n Hu i
rlm I Wi'liHlitf "I Hie blli"' ii i h I
I'niMi'iillint AHmln i llni h WiMililj
Mill llii' tnl , - S- lie lis 1 it. Hi it H'H ':
tiiili In the 11 n.-.-, till, wlii'tt tlii j j
nulil Ii f ni Hie Intigntit'i' n (In)!
l.ii.lt. .l..i,l II... lnHlM,,, 1 ,ie .rti-l II,.; ,lnUr (i, i(, A ,, A )m, u .
'"il.l ikMioie II,. ir I, .l nml ivml
in. qui m ion iii'tim h 1'inini) iimi i
yiifll II, lilul lit limiiil Hie tin . In
Hint, i "ji or tin," Jii.tiie Mclntl.
Met ii i ii. il Mr. Brown In Hii Ihiimuli
Hie HitVe ll'liil, lt,liig lit fiiiie Ho
Mitin,..iM fn- Uu, lied me In it ply In
qiii'-tii'li. bl "Jen Of tin," Wilt II He y
It lit n llrl'llt Hill tlilll il VUI. it llili-l
nrtlly ih oil lo try mul toice it linens to
sHeiir lo it lie for ft ti r of h, leg prom"
cul, il for contempt of courl. There
wan no junliir shown Hie defense by the
proHceiitlng attorney or J uxllee Nichols.
Bishop , I. V, McNiituara whs placed
on Hie stand and testified Hint he was a
ri sldeiit of Brisiklyn, N. V., ami a
bishop of the Reformed Calholle
church. Alio, that he was Isihi In
Ireland, ami onlalued In Hi, In Paris,
France, lie was a pustor under Bishop
Hihhous, now Cnrilliuil (I'ibbons, when
located In Itiilrluli, N. ('. He rcuoiineed
the Kiiiniin Catliolie faith In Hcptcmhcr,
DRILLING THE ENEMY!
The following item ought to be of startling interest to Amer
icans, as indicating the progress of the conspiracy to unite church
and state, with the state inside the wolfish church:
"Captain John Dunn, of the Tenth Infantry, has been ordered
by the Secretary of War, Lamont, to report at the Jesuit College
of St. Francis Xavicr to take the Professorship of Military Science
at that institution."
Very recently a military instructor has been placed in Seton
Hall College, New Jersey, another popish institution. It is
surely bad enough to permit the forming of Romish military
companies, without furnishing them with arms and discipline at
the expense of the government they are sworn to destroy. Will
Americans even now fail to see the urgency of the necessity of
enrolling themselves in the A. P. A? If they do not, they shall
be taken unawares as surely as past history can certify to the
treacherous character of popery. The man who hesitates any
longer is unworthy of respect. Primitive Catholic.
torney Marcy K, Brown and the decis
ion of Justice N'lehols, Tho bishop
stated that the lecture at Turner hall,
delivered tho night of January IHOI,
was on the subject of "J Ionian Theol
ogy," At this point tho defense made
a strong argument against Marcy K,
Brown to allow tho defense to Intro
duce Kenrlek's Mural Theology, as
evidence, and quote from It such parts
an were used at tho bl.hop'n lecture, to
provo that tho words wero not those of
Bishop J, V, MeNamara, but tho teach
ings found In Keurlek'n Moral Theol
ogy, Neither was bin manuscript of
tho lecture allowed an testimony, Mr,
Marcy K, Brown's conduct was unpar
donable In upbraiding tho witness. It
was unfair, unjust and undeserving In
all, It was tyranleal, All written and
printed testimony wan shut nut,
J. A. Westenorland wan tho next
witness, Bo Is a contractor living In
Argentine, Kas. Bo was present at
tho lecture, but testified that the
charges wero not given at tho lecturo
as ntated In tho writ, Bo wan asked:
"Had such a statement been made, were
you In such a position to hear It?" Bo
replied: "Yen, sir."
J, D, Fulton wan placed on tho stand
and tentlfled that ho would not have
been present If ho could have hol-sid It.
Ilo suited Unit bo did not understand
tho bishop to repeat tho language as
charged, ' Marcy K. Brown Inquired
If Im wan an A. 1'. A., to which Mr,
Fulton replied in the negative,
J, K, Blordan test! lied Uj tho contrary
of tho Information, and said that he
was at tho lecturo tho entire time of Its
delivery,
Tho evidence introduced hy C, M,
Bines was against tho charges an stated
by tho state, Mr. Illnen tried to give
the language of tho bishop at the lect
uro, but Marcy K. Brown would not
have it that way. and woul l ask tho
question an ntated by tho ntate, and de
mand an answer of "yes or no." Thin
lasted for nomo tlmo. Tho witnosn
ni l ii li't !
!; t ' i li-t i
' I to ii '
'.k.k ii iv .
i.. ,
I'.. 1 t
l t,i-
li -ii 1 1
A I'll !a
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if
1 1 i nt
Imi! t ill , I 1.1 t l i t t.l I '
l,Vi it "
1 I..' I . I ..
j I Hi 111 tii In- l.t'liiH (li, tt " Hi'
Hi It 1. 1 H.l (I'lntlll',,,,! 1 l,t 111- I, i I, (! .1 t lit tl,l 1.1 I .
1. 11 11,1 li' fi ttH' llt
(Kill I I II. I
I
I,, (,, (i ,, i t.1,.1,,1, wl.ii wiiii1
,,.M ,i .) i, l, , ,, !
M MiMilltii i in the ntfiiiil fit
"mi' 1(111,111, mill hi t'Miiim't it tiitnl
H f i :;: ft t,i- iiisi. Mi Hin , el
lhe pi nci titimi, lilitl it I J mi mm In
If. t into II, e . i ivli i l the ' A,
HiiiHItflt hlllt. I'Ml (illli il W in li H.Wnl
l' III" hiiiH i nl iiij nl lot in I It li" W sun
,, ,, H. ,, ,. H. .,, ,
It At u r hut inti I In' i tmi I iimni IIihI
liit'lil he tAn. ii Mm It ill by mi lie IiinhI
tiln. The ,h ft iin slrmifly nn'iit'tl rtffiiili'tt
Hie IHH'iilli il for iIi-Iiiiiii liil loll tj Hie
.iiii", after which Hie ciimhah. then lo
Hie Jui.l, which "huiii," ami was ili"'
nil.wil nlt"iil Ii n o'clis k Sntiirilny
nun nlng, Fcbi iiitry The stitte has
lulu n tin further acllnii.
The 1'itse cluirjiliig lllthop McNaiiiaiit
with nltitiilcrliig I'i'IchI Ihiltnn whs
clilleil at II o'clock Frldity nim nlu;,
February ", while Ihe Jury "hung" on
I'rlest . 1.1 Ills' fiiH.1.
The jury In the 1,1111s vu.e ealled for
a Iran. hit Ion fi oin "K'eiii lck's Moral
Theology" of such Milntsas tho IiIhIiop
hint useil in his lecture, provided m niio
compeU'iit I.iiiln schulitr would trans
late them, as the Jury desired to decide
the dlshop's case on this point. If the
hook contained tho assertions he would
be acquitted, and If not he would lie
found guilty, Thin request was over
ruled 6y Justice Nichols,
In the Ballon case tho defense made
a strong argument for tho countable of
Bluo township, of Nichols' ton rt, to he
allowed to summons the Jury, stating
that Marshal Htewart was prejudiced;
also claiming that no 1 toman Catholic
should be allowed to sit on such a Jury.
During tho argument Marcy K, Brown
made tho following assertion: "Be
llglon does riot cut any figure In thin
case, This clap-trap stuff," etc.
In reply tho defense said the state
did riot conduct the case with fairness,
Mr, Brown said, "You aro stating an
obtuse falsehood,"
In regard to tho Catholic question,
Mr, Brown said it wan i !ap-trap and
balderdash injected for a purpose, Tho
following In a list of those called an
Jurorm by Marshal Htewart, an tho plea
for tho constable of Nichols' court was
overruled;
Snl. KniiipMin, no clmrrli,
Win, I'u h ii y, ChiIioIIc; linnrd Mm trial.
J no. l,Mrkln, ('Httiollt.
I'ulcr (lick, wife H ( iillmllc,
Jon line loir, (.'nl hoi lit,
dirts. Vlth, (Jurniiiii hutlinrun,
AmhriHui l"li, not known,
Jacob Tur'ijr, Cat hello,
A. MeMllli'ii, Catholic.
I'lit (Jlciini'ii, ChMioIIc,
Win, Huston, irlfit a CmiIioIIc
lilcn, Cslliiilltr, from another township,
Wellm l, CiUholh!.
Win. HihIiIs. Calholle
A. Y. Anderson,
l ft, I'udiliN'k, not known.
John Vail, Calholle.
J. Hni'i'd, ( ir(,i il opinion.
V. Perkins, works for a Cat luillc.
Wm, JiMi'iih. hits lim'ii a Calliullc.
I'oii ttit y. Calliullc.
Win, Stanford, Hiiillt.
Jan. McCliwky, Catholh'.
Ana Duncan, Cittlmlli' sympathizer.
Ilciiard, wlfn a t'litholli!,
lUilit, Cainplii ll, works fur a Ciitliollc.
The following named nerved on tho
Dalton case j try:
Hoi. Hainpson. no clitirch,
Atnlironn Uh, not known.
Asa liuncan, Catholic sympathizer.
it,
I ill
ki'iti
-l I .11.
lit . I k tl "I i-, I i. ,.!...,!, t Ii.
inwul i. llml ,- ' it m inl'i itt
i,it,,'i.l lt lltiMt-)Htt, Hi' I l
wi n' ilu itl. il In i hint h nlnii-., s'nl
tl'Sl lit' H"ti. ' It- II lit C 11) tlmt in.
I Ntlintii' -Ii. ( itnl It-i put nit tin, j n j,
i,ni llml a t'eoti'ittMil il.nll not Kt on
lite jmt "
Tin- ih fi'tine tiintl'i nniilltt t1 I' 1. 1 In
Imii li e eiiil.tdlili, nt H Hi' l'i hi-hip
iiiiiiiiiiii Jut i, nml lime I lie iiiMn
i l"lili. pilliiit I ml nl..' I i lo ".tu
In I be slli I niwli Ittt Juii lii bitu iiii
pnitin li il 'I iii' ii'in I ii nib i nl n 1'iinl
ili i 1 It'll ll ttl 1n I'lvt. - I lil t.,tu. (,('
niiiiMiiiiii tl, iiiel Hint llil. uliiiiil.) Ii n
pi ! iioiii' nl il' i'tiitui Tlie I ,n,i .(iiil,
liiiMt vi r, hiilf'l lo gt'l mi (lie Jin t , nml
II wii sillltil it. nl.ne nfier li'itliil
to t.Mitiic!il, w il h nint h "cliiptnii nml
Iwililetiln.h" a 1 1 ioim by Mr, llmne,
ami an I'lit iy.'iie itpis ul fnun t li tic
fchti for jiinl ice,
Mr. Brown, for (he stale, In hUstiilO'
tiieiit to the jury lit tin' opening of Hie
case, nahl: "The lest Iniony ,iif Inie, uu
Inlei't'sled it Itiii'sscs will 1st so over
ln lining that they (the il, IViim') iiicd
not intioiluce any eililetice."
The wllliesHen for the stiite were Mr,
Kilwanl II, Brlltnn, Ollleer IIihiIIi,
Andy O'lhire, Jules BosenlMirger,
Arthur Morrison, .las. II. Mackey,
"(imcer" Dalley, "Ollleer" flepper and
Frank (!rlbblrm.
Mr. Brlltnn was the first witness
placed on the si and In the Diiltou ease.
Ills testimony regarding Ihe presumed
slander of Fries!, Iiitlton was somewhat
like that given in the Tlllls case, Tint
charges by the state being identical in
both eases charged against Bishop Me
Namara. Mr, Brlttan was very evasive,
when questioned by the defense; only
short replies would bo given,
WhenOnicer Booth was asked If the
bishop read from manuscript, ho re
plied: "I did not pay any attention
whether ho delivered It orally or from
tho manuscript," that he had boon a
Catholic, but was not now a Catholic,
hut was riot now a member. Be was
Inside the hall, by order of tho lieuten
ant, to see that there was no mob
violence. When nuked If such was ex
pected, he said t hat there wan "some
anticipation on the part of some Hiople."
When O'Hare, the next witness for
Hie state, wan asked by Attorney Burn
ham testate what church he tsdongod
to, he said, "I'm a Catholic," Attorney
Dumhaui, for tint defense, then asked
him: "Do you rememtsr saying to
mo that if you had your way of It you
would take him (tho bishop) down and
throw hlrn In the river?" Mr, O'lbtro
replied: "Yes, nlr, I did nir."
Bin evidence regarding tho jtolnt
pushed by the state wits similar to tins
others on bin side of tho fence, They
all neerned to have their part pretty
well inomorlcd. It was queer that so
many men could give a word for word
quotation without man Ing notes and
testify to it without a moment's hesita
tion nomo two weekn afterward.
When Mr. Bosenls rger, of tho War,
wan asked to testify he Isicamo as clear
as crystal mentally, and rememlHired
everything distinctly, no ho stated, and
claimed that it as all duo to tho read
ing of Mr. May's "short-hand" notes In
tho Llllln case on the tlay isjfore, Kven
with this assumption bin evidence did
not vary from tho state's other wit
nesses, although Mr, May'n "short
hand" notes did not agroo with Mr.
Ronenborger'n review of tho blnhop'n
language. Mr. lloBonborgcr wan very
Hi l -t..i
W It, U.l.lr
I ISt i".
',- '. ,1
I i,,- llllt, 11,1 1
till ill II I tit
,.f it,.- v., , i m i uu 'i tit
I !' Ill J H dill, I 1 I I M I I
W it n t. I lit tt .! I.i Sit VI
!,,,(, ,,,) f ,t- t.,. t t'il ' t I lvl
jM40 l Hull ! n,i iiu'i ," H'wm Ii
ii, . i i i. t, t , ' I U on, I, ?,.i It "
Il wm ,1.1 pioiic t'tvn tit.!"ti bow
nil 1 iiii,il mud, I i - in, tiil , - I1,. i nt, 1
win, ting of H 't tut. i M l Mm, h ,
ili SI c tlm! i ', , i k ,i.-. i linti a,
Wltii II tinil. tsltii Himul it hull hit ii lii
It'iitl, i tiitltl In )-iliiM i i m l, mi I nt
Hi,, utm,, l,i, all-m t!t 'It n'ul li'i ,!i A
of tlic t,u I, Iti I ' Vl i i il tu il i it
Mr. AHfit tm i i'.i'ii i m i(ti", i i, mill,
In II p'liii tl tm tin' tl, mil, ij. tilting
t lll pi I, t I.. I , l l t iC lli-.ll.lll . 1 l.l
win II Uu' ittli) ! I I in, I, r Wiii i tnkeu,
II" Kill, I, 'lilt Ibi ii t tttiii. III t Mini
Hull Hit tit l I III li'ilnl tti I llti III In t i 1 1 t
of tie' liil'ln," I il t '-I)' i I iiij; Hit' t li Hut
tt lib net' on III In I ili", 1 1 w in fou ml Hint
I he lib hup W im oh H tlu.'i'll or 11 1 1 H i' t) I f -(clt
lit piil l-i of llin slii't' nl Ihe miilul
Hiiic, 1 1 Is ev lileiiei' was "In lino" with
Ihe nl her state wHiu'shcs rcpinling Hie
Wlll'lllllg Itf Hull' Hpi'l'llll polnl, Ho
hl.-tli-il that he wits a "collt'cior " ami
hllil bi'nii a "deputy eoiiMliilile under
Mr, Sihin In 1 .nUluiw's court," When
ithltcd alsml the sIiimiI lug In the street
wheu the bishop was ilrlvcti from the
hall and wiischnscd by the Infiirialeil
mob, ami the driver being shot, ho
hiiI, I: "I believe that that, mini (nod
ding toward Itltthop MeNiiuiiira) there
shot. Mm," He also stntinl when nskeii
If the bishop tooa lire-arms Into tho
carriage, that, "I saw him come down
with a gun and a pistol," Thin was
nisltlvely denied hy Hid next witness
for tho slate, Be also stated that shots
were II red from the carriage but did
not see any fired at it.
The next witness for Hie state, John
II. Mackey, tentlfled iu harmony with
the others In the principal points, hut
like the others, could not liiinnonle In
other questions propounded by Attor
neys Buruliiim and Klliot for the de
fense, In answer to a question by At
torney Burnluim, lie snid; "1 was bap
tized a Catholic." It seemed as If At
(orney Walsh was Interested In the
ease an he dictated Ireqiiently with
DroHeoutlng Attorney Brown. When
Mr, Mackey was asked by the attorney
for the defense, Burnhaiii, Iftheru were
shots fired from the hack he replied:
"Shots camo out through the hack
window," and when nskod how many ho
said, "Two," When asked what tho
bishop said when the man In the gallery
called him a liar, ho relplled: "Bo
nald, put that man out," When asked
hy Attorney Burnharn If the bishop
read or referred to tho hook, "Ken
i liik'n Moral Theology," ho answered:
"Bo claimed lo read from tho book In
regard to different connections."
Ollleer Dalley, of the police force,
followed tho regular formula for tho
ntate. When asked where the bishop
wan located when ho made tho alleged
remarks of slander, nald: ''Be stepped
out from the table to the edge of tho
platform at the time." When asked
where he wan located in the hall, nald:
"Upstairs, In tho balcony, In tho south
east corner." In answer to the ques
tion of tho defense that rocks bad boon
thrown through the windows, and that
tho audience rushed for tho door when
the rocks wero thrown, ho said tho
bishop advised the people to "keep
their seats," that "1 (the witness) am
supposed to 1st a Catholic, I wan not
outside the hall at, the time of the lec
ture." When aikod what transpired
outside the hall, he said: "I heard
some revolvers fired off, and I ran
around to the front as tho hack drove
off,"
Ollleer Cleppor, of the police force,
staled that ho whs sent to the ballon
the night in question an an ollleer of
the peace, Then, In reply to questlonn
from 1' roseoul.lng Attorney Brown, gave
the similar routine of stale evidence
regarding the alleged slanderous words;
that lie was not a member of any
church. When asked if there wan any
dlstiirb ince in the hall, nald: "I boliovo
one man called him" (tho bishop) "a
liar," Be further answered to ques
tions that "I was Inside the hall all tho
tlmo before It (the lecture) commenced
until after he (the bishop) got In tho
carriage," When asked about tho
missiles being thrown Into tho hall
through Hie windows and results, ho
said that "Horn. one In tho hall was hit
by the bolt," The information wan
Klvon that "It wan nomo time, a I unit a
half hour, I think, that tho bishop re
mained In the hall after tho audience
had loft," also that tho mob chased
after the carriage after tho bishop and
bin wife had entered it and were driven
away. When questioned alsiut tho
shots being fired out of the carriage,
ho stated that "There was four shots
fired out of tho carriage." Also, to a
question, "I Is-llevo there wan another
man got In," Be wan then asked if ho
was sure that another man got in tho
carriage, answered, "Yen nlr, I'm posi
tive of It." When asked by Attorney
Burnharn, "Did tho bishop carry a
rillo with him Into tho carriage?" ho
replied, "No, nir, he did not. There
wan a man with him who carried one of
these Winchester rifles into tho crowd."
Tho last witnosn for tho stato wan
then examined, a Mr. Crlbblnn, who
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in ! i ni 1 1, .1 I i
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