Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-01-22

either side-and all was quiet until
Weyer came up. Weyer would not
move back. All were peaceablc until
then, Then the fight commenced.
Auguslin Hanley gave somewhat sim
liar testimony, charging Weyer with
being the ringleader instigator of the
fight. Other witnesses testified in the
same way.
At1o'clock court adjourned for dinner.
At the opening of the afternoon SEES
sion Of United States court. Thursday,
District Attorney Alexander b. Cooper
informed the court that he and Mr.
salisbury, counsel for the defence, had
agreed TO make no argument on the tes-
timony in the case Of the United States
VS.. Eugene Pennington and Emmett
Morrow, deputy shcriifs during the past
congressional election, charged with
assaulting Special Deputy United States
Marshal William b. Weycr.
Mr.. Cooper then proceeded to state
certain theses which he claimed should
rule and influence the jury in their YER
dict.
The first is that in cases such as the
present the United States authority
takes precedence of any State authority;
the deputy sheriff to arrest Meyer, a
deputy United States marshal; and
third, that the removal of such an
officer of the United States from the
polling place was an offence against the
United States as no State law can OBJ
siruct United States marshal in the
prosecution Of his duties.
The district attorney quoted volum-
nous proof in support Of his claims de-
Quoted from various published decisions.
Willard salisbury, Jr., Esq, counsel
for the defence, then addressed the
court He said there is very little diff
ference between himself and mis- learned
friend, the government prosecutor, in
| regard to the law in the case.
But he claimed emphatically that a
deputy United States marshal in the
performance Of partisan political work
in taking negroes or even white men to
the polls for the purpose Of voting puts
himself on the plane Of the ordinary
citizen and that if he commits a breach
of the peace when doing anything be
yond what his proper duties prescribe
To him he should be arrested by the
local authorities
| will ask your honor, counsel con-
tinuel, to say to this Jury in the words
| of Judge Brewer of st. Louis, now adj
yaneed 70 the United States bench,
when making decision upon Il parallel
! case.
do not mean by that, if there hap
1 pens to he street fight they tthe United
4 States marshals) can become policemen
4 to arrest the men thus engaged. That
\ is il duty that deyolves upon the State
authorities to punish all assaults and
batteries and prevent street fights.
Judge Street went farther and said
that deputy marshals in such street
fights should be treated as ordinary cit
liens.
These State authorities laid hands
upon the deputy marshal during a
street disturbance, did it calmly, quietly
and in I'm ordetly manner.
Now can it be that in an election
where all mon are equal that the APP
pointment Of partisan deputy United
States marshal makes these men superior
to all other citizens, not while acting Is
marshals but when wholly away from
their prescribed locations and duties!
"LIKE LITTLE TIN GODS
Can these persons strut around like
/ ltNtlN VII k1f'Ato VII w llNGis NtpuAHNl
thought it high time that they became
informed upon the limit Of their pre-.
negatives and n to what arc the rights
Of the local authorities.
District-att9iney Cooper said that
counsel for the defence referred TO ;
feature which he (Mr. Cooper had
hoped would not be injected into the
case, Counsel stated that these deputy
marshalS had been acting for partisan
political purposes-l tthe speaker said
might ret3rt in asserting the deputy
sheritfs did likewise But / do not ii
50. have too much respect for I'll,
people Of this State / do not thinl
they would be guided by corrupt prac
tices. had hoped to say no word il
regard 10 The political phases Of the case
The di-trietattorney closed in deny
ing the street fight feature Of the case
and claimed that the disturbance in it
inception occurred At the polling booth
WHAT JUDGE WALES SAID.
At the close Of Mr. &ooper's addres
Judge Wales, turning to the Jury, sail
that the charge in the indictmehtagain
the two defendants isa very serious Ont
1t was III the case OF an election for
member of Congress. The law affect
ing such TN election is superior to til
law Of any State. There is nor ca
: there be amy controversy upon tina
t point This law of n, quoted by til
government prosecutor has been bcf1r
tile supreme bench and is d constitu
tionui law.
: Tic United States marshals OH TIL
occasion were superior officers for tia
day Therefore, being superior otlicer
! outianked, in military parlance, til
( State officers The latter had no rigl
c t6intcrfcrr III the duties Of the Unite
4 States officials.
: Now tho question is what were tho,
c duties. These the district attorney Ii;
: clearly detailed.
{ The court then carefully reviewed ii
2 testimony, going through all the pert
S relt points Of the story. If guilty
the charges, Judge Wales continue
d they arc subject to severe punishment
Z. Az far as the court could see Weyer ";
acting asa Jealous and faithful office
\ When arrested he submitted and wei
n away quietly.
II If, however, ut the time of his are
Y be had displayed his badge | d. Il,
e know but it would have given il total
n different turn 10 affairs,
h Although in L technical sense the d
4 Pendants may have broken the law Il
question remains whether they hat
4 virtually done %.
II yofl believe from the testimonyth
IS Deputy United States Marshal Wey
p wa III strict performance IF his dnt
n Immediately around where the vptii
Was Going on and while III that eff
v he was struck then the defendants a