Liverpool’s first police chief a murderer? - Part 3

Accused went out the side door and I followed him and so did the other Italian. When the accused went out the side door he held the revolver pointed forward. When I went out and saw two or three men taking the deceased out of the water closet. The accused was not one of the men who had hold of the deceased. I heard the accused say,'look out, look out.' The men stood aside, then he fired. I saw the accused point his revolver in the direction of the deceased. I was three or four feet from the accused. The accused was three or four feet from the deceased when he shot. Then a few men took the deceased and threw him on the platform. After the shot I saw the deceased lean backwards, then I saw the deceased thrown to the platform and some men jumping on him. At first there was one lantern then and afterwards there were more. The man that was holding the lantern was Mayor Mulhall. I saw no one trying to prevent the accused from shooting at deceased. The accused did not lay his hands on the deceased before the shot. I saw blood on the deceased's hands, I heard the noise, as if dragging him along the platform. I could not see because on account of the crowd which got thicker after the shooting. I knew the deceased well. He came to my house and I treated him with cider. I knew the deceased from four or five months. He used to come to my shop most every time he came to town and have a meal there. I know a couple of people who struck the deceased when he was down and one was Mayor Mulhall. The other two are not here. I know them by sight. I don't know them by name."

Under cross-examination Evangelisti had this to say when questioned by Mr. Ritchie:

"There were none between me and the deceased when I came out the door. I saw Mayor Mulhall jump on him and fifteen or twenty others jump on deceased. I do not know their names, I do not know them by sight. I never saw any of them before. I haven't been convicted by Judge Forbes for stabbing a man in Liverpool. When examined further Evangilisti said, "I was convicted last fall before Judge Forbes and fined $10.00. I only made a little mark on him in self-defence. The man had struck me and I was whittling at the time."

Leonardo Lizio, who was with Frank Evangilisti in the Italian store, corroborated the store owner's evidence including the fact that the mayor, D.C. Mulhall, was the man holding the lantern near the water closet. Lizio said, "I see that man in court. It was Mayor Mulhall. I know Mayor Mulhall by sight. I have often been in his store buying stuff."

Others who testified repeated testimony of those that appeared earlier but James Freeman, Middlefield, set in a positive manner, the location of the incident.

James Freeman said in part:

"I live in Middlefield. I was in Liverpool the night of the shooting. I stayed in Liverpool on account of the rain. I saw a crowd rushing in the direction of the bridge. I was going up from the bridge, it was about ten o'clock. I know where the Italian shop is, in the building known as Jubilee Hall next to that building above the same side of the street as Mrs. Head's Hotel and on the lower side next to the water is the track of the Liverpool and Milton railway. Between Mrs. Head's Hotel and Jubilee is a piece of vacant land. The Italian shop is on the side of the Jubilee building next to Mrs. Head's Hotel. There is a store in the same building below the Italian shop.

“I elbowed my way to the front. When I got there I saw an Italian handcuffed. Someone near me said here is his knife. I saw no knife. A few seconds after that I heard a man say, I think Mayor Mulhall sent for a doctor, he is badly shot. I have no doubt the accused was there. I think young Wright and Winters took the deceased away."

According to court records, Liverpool's Mayor of the day, Duncan C. Mulhall took the stand to testify.

"I am Mayor of the town of Liverpool and have been for six (indecipherable). terms. I remember the night of this affair. My attention was called to this by the store door being opened and someone calling out that someone had stabbed a policeman. I then went across Main Street down Bridge Street as far as Mrs. Hard's house where I met a crowd gathered. I spoke and said what does this mean? Someone said that Pat is stabbed. I said where is he? They said down at the corner. I saw the accused on the corner of Bridge and Water Streets. I saw him go into the house. I did not go in with him. Shortly after he came out the side door. I had the lantern with me, the night was dark, very dark. He went in the direction of the water closet that had been spoken of, looking for the deceased for the purpose of arresting him.

“We got within three or four feet of the water closet. I swung the lantern towards the open door. The officer was a little in advance of me. Immediately the deceased sprang out the door of the water closet on the officer. They clinched. I stepped back a few feet. I then heard a pistol shot. The officer sang out, men, I am stabbed again up close. I then saw the deceased in a clinch again. A scuffle ensued, the officer went out of my sight. The deceased made a dash to get away. Two men grabed.(grabbed) him. I heard the crowd say, stop him, stop him, strike him with your umbrella. I looked up and saw my brother there, he had hold of my brother by the coat. My brother hit him two or three times. He made his escape from there and sprang on the platform. I then saw two men overpower him. One was Fralick, the other was Andrew Williams. They soon overpowered him. Then the officer came up and said to the deceased, deliver up your weapons. He immediately passed out a knife. I took the knife and handed it to the officer. The officer said to me, hold my revolver. He then put the handcuffs on the deceased. I then saw blood for the first time on the deceased's hands. I said, someone get a doctor and send to the man. Then they took him away. I went at once and sent Doctors Smith and MacLeod up but found later that his friends had employed Dr. Trites. I then went back to my office. I most solemnly declare I never touched this unfortunate man in any form. It is not true that at the time the shot was fired the deceased was not being held by two or three men, I did not hear the words, stand aside, or look, or any words of that kind. The accused and deceased was not over 1/2 foot apart. The accused had apparently pushed the deceased from him. They had just come out of a clinch. The deceased was facing the officer. When he came out of the water closet he came at the officer with a spring with both hands raised. It was after the shooting that he was being held."

Next week: Mayor’s cross-examination.