The Wilmington daily Republican., 1891-12-19
Fourth EDITION
MITCHELL GUILTY.
Wherever the Tax Duplicates Are Kept
Is the Tax Ofiiee. and Open to the
Public. So Says Judge Ball. as

Is the Tax Omee. and Open to the
Public. So Says Judge Ball.
After several postponements tho
case OF the State against John A. Mituh-
ell, clerk for Receiver of Taxes John
L. Dickey, charged with committing
and assault and battery on Horace b.
Groves came up before the Municipal
Court this morning. Frank D. Car
penter, Esq, appeared for Mitchell,
and City Solicitor Curtis for the State.
Horace b. Groves testified TINT on
Saturday afternoon, December 9th, lie
with w. II. Brooks. Harry Whitman
and George Draper went to the office
OF the Receiver of taxes John L. Dick
ey. that when they reached the office,
Draper was told by Deputy Flnek to
go on upstairs to where the city du-
plieates we're. Whitman and Brooks
remained down stairs where the
county duplicates are kept, to pay
their taxes. Groves residing in this
city, started to 20 upstairs but was
stopped by Deputy tinck and asked
II he wanted To pay taxes, when he
said no.
Finck then told him no had no right
up stairs, but he went pnevertheless
and stood at the door. a contention
arose between Mitchell. In charge of
the duplicates, and Draper, about
where the latter lived and about how
he spelled his name. Mitchell looked
towards Groves, who hnd smiled and
asked him il that was right. Groves
said yes, that was right, meaning TINT
Draper lived In the Ninth ward. Nit.
cheIl then came to Groves and told
him he had no right there.
Groves said he Thought he had, as it
was II public office. Mitchell told him
| he must get out, and catching him by
the arm told him to go down stairs
| and he went. Groves stated that he
removed from the country to the city
and did not know whether he was as
sessed and he went to the olllce to see
| II he was assessed.
Mr.. Carpenter tried to di5credlt his
| testimony by asking the witness IL he
| was not under bonds in q case OF bas-
| terdav, which tho witness positively
| denied.
George Draper corroborated the
testimony of Mr.. Groves, except that
he did not see the assault.
Harry b. Samson, clerk in the cloth
ing store of John L. Dickey, reeollect-
ed Groves coming in with three color
ed men and some white men, tho latter
stopping with MIR. Elnck to pay, while
/ q.
Groves started up stairs, but was
stopped by Mr.. Finck and was told
that unless he wanted TO pay his tax
es he hnd no business up stairs.
George j. Finck. Deputy Tax Receiv-
er. recollected Groves coming in and
going up stairs after he told him not
to 20 up unless he wanted receipt
for taxes. Persons were permitted by
courtesy 10 20 up stairs to Mr., Mitch.
ell who filled them out receipts II their
names were on the books, when they
would come down and pay their
money below and get their receipts
signed and sealed. The city dupli.
cates had been kept up stairs for five
or six weeks. Groves came down
stairs about five minutes later. The
tax office is In tho rear of the first floor
OF No. 296 Market street.
John /. bickey, receiver of taxes,
testified, that tho tax Office was in
the rear Of the first floor. the second
story was private. The duplicates for
all the county hundreds were kept
on first floor; tho duplicates for the
city were up stairs in cl arge of MIR.
Mitchell, who was looking over the ac,
counts and comparing heslubs. Mr.
Mitchell was not deputy but a clerk
employed by him. By courtesy he
peamiited people to go up stairs and
get their bills made out but the money
was paid down stalrs and the receipts
are signed and stamped there.
On cross. examination Mr.. Dickoy
said he didn't make his Office at the
court house because ne didn't want
to. it didn't suit him. he could make
his Office wherever he pleased.
| In your residence asked Mr.. Cur
It's. "YeS In the cellar of yDuj
houseg Yes ''In tho garrett" ''Yes
anywhere" replied MIR. Dickey, "but
my utfice is not in the second story oil
my store"
The case was ably argued by coun.
sci on both sides.
Judge Ball, in giving decision
made an able and impartial review oil
the evidence, in which he showed thai
Groves had perfect right to go tt
the second story Of the tax office be
cause the books in which he supposed
he was assessed wero kept there and
wherever the tax duplicates were kept
was public Office and every cltizei
had the right OF access to the books
Ii eolofed men had II right to go II
To the tax books, Groves had righ
to go there.
@.But by courtesy" said Mr.. Car
pentar.
There is no such thing as conites,
in such case as this, That would bt
discrimination against voters. AL
have the same rights of access to th,
books. Judge Ball agreed with Mr.
Carpenter that the assault and battery
OH MIR, Groves WIS OF small moment
but nevertheless it was an assault ant
battery in the meaning OF the law, a
Groves was present for a legitimat
purpose, and MIR. Mitchell had n
right to touch him or order him from
the room until that purpose was aC
com plished.
J There was, however, principl
back OF this Of much more moment
and that was, is the second story o
Mr. Dickey's store Il public officer
On this point Judge Bail was yer
positive, AIr. Diekey having made
SO by keeping his Wilmington dupli
Gates there and having sent people u
stairs to transaeF business. AS the IL
terests of Justice were faily subserye
by this decision Mr.. Mitchell WIS sin,
ply required to pay the costs in th
case, which amounted to S7.S5.