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Newspaper Page Text
ARGUMENT IN BARRETT TRIAL
IS OVER MOB OR NO MOB
The main clash in the trial of Ed
and Charles t Barrett and Arthur
Friedman yesterday was on the point
of whether there was'a-crowd of peo
ple or any excitement or rioting
around the corner of Fifth avenue
and Washington street the night of
June 15, 1912, when Frank Witt was
shot and killed.
Healy and Day, attorney sfor the
defense, showed that they wil claim
there was a disorderly, violent mob
there, and for that reason one of the
defendants, wearing a star and carry
ing a gun as a special policeman, was
justified in killing Witt.
Ass't State's Attorney O'Brien
came down heavy on this point in his
opening address to the jury and said
all the evidence is positive and be
yond dispute that there ' was no
crowd, that pedestrian street traffic
was normal, and all testimony of po
licemen and police officers will back
up this point.
"At the time of the shooting," said
O'Brien, "there was -nobody on the
car except passengers who had been
on and paid their fares. It was a norf
"raal situation. No people were on the"
car except passengers and they were
mainly women and children. Police
Sergeant Halligan was on duty on
the corner. He was in uniform. There
was such a complete lack of disorder
of any kind that Police Sergeant Hal
ligan was unoccupied, was standing
quiet, when the car on which the
muruer took place came down Fifth
avenue to the corner of Washington.
When Halligan went to the car on the
call of Motorman Enz there were no
people congregated about the car."
Sergeant Halligan testified: "I was
standing on the southwest corner of
Fifth avenue and Washington street
on the night of June 15, 1912. The
street was quiet and normal. There
were no crowds nor excitement, I
saw a car come from the south and
stop about ten feet south of Wash- j
ington street. I heard somebody pall I
T and saw the-raotornian step down
from the car.
"The motorman called to me, 'Offi-1
cer, come over here, there's a man
with his gun in his hand,.' I didn't no
tice any other people, around the car
at the time.
"I heard a shot ana I saw Conduct
or Witt fall from the car, with his
hands raised up over his head. As he
fell downward I heard him cry out
with pain, Tm shot.'
"I ran toward the front of the car
and in the front vestibule I saw three
men with guns. They were Edward
Barrett and Charles Barrett and Ar
thur Friedman. I couldn't pick out
the particular one that shot Witt.
"I fired five shots into the-vestibule.
Officers Flynn and eCdarburg came
running up to assist. The vestib'ule
was closed. Cedarburg put his gun
through a window and ordered them
to come out. They opened the door
then and came out and surrendered.
"Charles Barrett had a bullet
wound and was taken to a hospital.
Ed Barrett and Friedman were taken
to the station. All three of them re
fused to talk or make any kind of ex
planations as to why they were shpot
ing." Halligan's story was brought out
by questions from the state's attorr -ney.
At different points in Jiis story
he was. asked if there was' a crqwd
of any kind or an unusual gathering
of people. He testified: "No people
surrou' 'd the car at any time' and K
expla: that as street conditions
were ordinary before the shooting
and the murder took place .quickly
there was not time for a crowd of
curiosity seekers to collect.
Att'y Day for the defense took ex
ception to O'Brien's clajm 'that evi
dence would show the" defendants re
fused to make any statements or ex
planations when arrested. (' '
She Is there any alcohol in cider?
The Boob (looking around wildly)
, Inside who?
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