Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-02-13
Brophy said that Is none Of my a-d-d-d


chance to arrest him, and now was his
chance. He would as soon be arrested as
not TO make test case of this. On Jenu-
ary 2lst, the night OF the arrest, l was COM
Ing out OF the ofiioe emoking cigar.
Brophy said, "Yon are smoking cigar, are
you, Thompson" / answered m, Yes"
Hs said III bet 1t 10 not union made cigar,
you Cd ID scaD. BE said that there
w9s no one In this town that would cell you
q union cigar. Officer Burleigh came along.
The next morni 4, In coming to the works,
be said there gosa the sons OF b.-s OF scabs.
That is all know about 1t.
James II. Carver sworn. James Brophy
was ono OF the committee that called in the
otf1oe OF the company last October. heard
htm there say that he was ona of the COM
mittee OF the Iron Mouldors' Uaion OF North
America and Canad aud they would fight
the Wilmington Mailenbie Iron Cumpanyto
the bitter end. Hu sGid on the evening OF
the OH or 10th OF December last to me tnat
he was IN the nght to knock out tho Cd
ID Wilpinston iron company. Since
that time he has repeated stood on the
corner and insulted men ming to an
going fsom work. THIS isall know about 1t.
William Longhead sworn. Since have
been working NJ tho Haleable Company,
he, Brophy, is the leader of the gang OF
union meu. He folio we'd me one night as
WAS going down Market street about a
square and half. Rhsl stopped, he
and followed mo, he said notning 10 ma.
He said he would like to kick that Iclsh
son OF b. / would have left works
but for the protect OF the offleers. EvuCy
time he sees me or others with me who
work there, ha Insults us and calls us
seHbs. saw Officer Burleigh arrest James
Brophy. This witness corroboEated 0Hlcer
Burleigh as to what was said and done at
tho time OF the arrest.
Charles Pross, sworn. This evidence Bus.
talnS that OF the previous witness and de-
veops new facts.
The above are all the witnesses VIII SO
names are on the back of g recognizance
in the said case. We pray this honorable
court for Instructions, and assuming the
above testimony to be true, ask for what
crime or misdemeanor, II any, Is 1t within
the province OF this grand Jury to indict
the said James Bropby.
WILLIAM Cocoon, Foreman.
At the close of the reading of the docu-
ment Attorney-generRl BiRgs arose to ad-
drcns the court. lie said, in substance:
This presentment has been made by the
grand jury nt my instance and request.
may soy that they have been very care.
full and exact over the compilation Of the
document. II has been done carefully in
order that your honoss may have clear
evidence in the case.
This defendant James Brophy was ar
rested January 21st In this city. BE was
given hearing in the municipal court.
The learned judge Of that court adjudged
him guilty OF misdemeanor without speci-
flying what particular phase of the law
was designated. Pursuant to this he was
held in 5000 bail for trial in the upper
court. The recognizance was delivered
over to the clerk OF the peace so that 1t
came to me in the usual way.
After an exhaustive examination of tho
law and the fncts, feel it my duty in
! good faith to your honors to say that in
my opinion there is no provision either
ct common law or statute that will sustain
On indictment in general sessions. But
may be wrong.
the grand jury may understand the law
in th,a case and that may do my duty
to them and to the State, that this pre-
sentiment was made for your honors' con-
sideration.
For although 1t is my opinion that an
indictment cannot be sustained In this
case, l do not wish to be seen Overriding
the opinion of the judge of the munici.
pal coart. Therefore this matter lie pre-
sent9d to you. II 1 am wrong I am
ready to prosecute when learn that
Brophy has violated the Law.
The law as to bad language or disor-
derly conduct Is not ind!ota5le as ME-
demeanor. may coy that l think the
learned judge OF the municipal court in
making the commitment had not time to
mako thorough digestion Of the ques-
tion in sill it's phaBes.
Mr.. BiRgs continued In saying that
Mr.. Kieids, the attorney for the Mallea-
BILE Iron Company, had the matter In
hlnds.
In commenting upon the attorney
generals remarks Judge Houston said ne
remembered an early decision in the
Delaware courts (Harrington's Reports)
when decision hHd been made In d case
| of blasphemy. 1t was oontended that
the words tended towards breach of the
pesce. The Judgment Of Judge Clayton
was conourred in by various courts.
Judge Clayton received unsolicited nu-
mor0us endorsements from outside the
State. Judge Houston had doubts
/ whether Brophy could be indicted unless
his words were proved provocative of a
breach of the peace. The court con-
oluded by expressing an opinion that
something must be done and that he
would give the matter careful oonsidera-
tion.
At the November term OF court Thomes
Tilghmsn, colored, was charged with
| registering upon q fraudulent tax receipt.
Thursday the grand iary asked what had
become OF tho tax receipt, which was
found to be missing when tho capc was
brought up before them for investigation
at that time. Inspectors McCloskey,
Almond and Knox testified to the best OF
their knowledge the document had been
loft With the Jury. As the receipt is lost
the case against the colored trsnsgsessor
Miles will have to be abandoned.
/ JAIL board Is TOO HiGu-THE GRAND JURY
| REu0MMEEDs THAT 1T BE REDUCED
TheSrAno Jury ut Friday mornipR's ses-
Rion OF court, hsying finished its lahors
for the year, presented its final report as
follows
10 the Honorable the Judges of he Court of
General SESSIONS Of the Peace and ,Iail
Ueliosry, of The STATE of Delat1dre, in and
! for NeJo Castle county:
Ihs grand inquest begs leave to report
4 THAI during the past year 16i indictments
hAvs been presented to 1t, OF which 1853
have been returned as truo bills and eight
iSnorot.
OF .he true bills three wore for eapital
offences and large majority of the bal
Gneg, as usual, for minor orfsne 3.
GA the l9th uttlmo Wa visited the county
jatl and found It's condition much impro Z ed
riuc3 onr last visit, but crowded TO nearly
double lta capacity; this overcro wdsi con-
dition tmporattyaly demands relief In tho
neAr iutuTe. ..
The great financial depression now exist
Ing In our county should prevent large
expenditure OF money for this purpose ut
proSelt.