Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-12-19
MICHEL PAYS COSTS.


Judge Bad Decides that els TechnIea ally
Guilty of Assault.
The Mitchell case. which was post
poned from Monday night, was taken up
AZ this mornings session Of the city
court
Horace B. Groves. upon whom the al
ieged assault was committed while In
the tax Office, was sworn and testified
that be went to the tax office
on December with w. X Brooks.
George prsper and Harry Whlssmap,
Mr. Finck was In the stere and Mr.. White
ley paid bis tax from White Clay Greek
hundred. He went to the upstairs Office,
where Mr.. Mitchell was. Draper was in
there, The witness stated that Mr..
Mitchell asked him II he knew where
Draper lived He replied that he did and
that he was all right Draper
could not spell his name and
the witness laughed, whereupon
Mr.. Mitchell ordered him ous. He re-
fused to 60 and Mr.. Mitchell took hold
OF his arm, whereupon the witness left he
did not know whether. he was assessed or
not Mr. Carpenter, counsel for the de-
PENDANT, wanted to produce witnesses as
to the witnesses character, but was not
allowed.
Groves said that he had paid his tax
but wanted to know whether be had been
assessed or not. Mr.. Finek said he had
no business Ia the Office without he
wanted to pay his tax.
| George Draper, colofed, was called and
| testified that be was a resident Of the
Ninth ward and went to Mr., Mitchell's
Office TO pay his tax on December g. He
saw Groves there. Mr. Mitchell asked
him how he spelled my name, and he re-
piled "Georg" | heard Mr.. Mitchell
tell Groves go out and | win attend to
these men myself
Mr.. Carpenter stated that he had never
heard OF such himsy charge Of assault
ana battery In the Municipal Court room
before. He did not wish to offer any de.
fence, but IL the Judge thought there
was any assault committed he would then
submit his defence.
Judge sall wanted to hear the case and
Mr.. Carpenter was willing. Mr.. Carpenter
stated that Groves was a trespasser and
shat he had been warned by Mr. Finch
not to 60 upstsirs Mr.. Carpenter read
extracts from the law bearing
on the charge of trespass. Mr.
Carpenter stated that the store has
not been proven public property.
Harry u Sanson, an employee of Mr.
} Dickey, was called and testified that h,
saw Groves come in the store with som,
eolored men. Be heard Mr. Finok asl
him II he wanted to pay his tax lie re
replied that he did not. He was warned
by Mr.. Finck not to 60 up stairs, bu
went very softly as II he did not wan
them TO hear him going up
George j. Finck. deputy receiver. was
called and testified that Groves came t,
the store on December g. When Drape
g approached his desk he asked hin
. whether he lived in the country
+ Groves said he lived in the Ninth ward
!, he afterwards started to 60 up the stair
when Mr.. Finck warned him not TO e
unless he wanted to pay his tax
g Mr. F4nck stated that the from
upstairs office was private property an
that no money was received up there. /
all being taken In down stairs. q
sent men up there to get their bill
from Mr. Mitchells Office. job
y a. Dickey, recsiver, was sworn
9 and testified that the tax Office was i
u the back part OF the FIRST story. and tina
the second story was private propertj
y No money Is received Ia the upstair
= Office Mr.. Curtis asked him wheths
y the law stated where he was to have b
Office He replied that he thought no
" and that he could make his offiC
wherever be pleased Mr.. Curtis read a
g abstract from the law as to where tn
u county tax office should be locate,
Argument was at once begun aud Taste
fol- some time Mr.. Carpenter asked thi
the case be dismissed. Judge Ball r,
viewed the case and ordered Mr.. Mtche
he TO pay Ethe costs, which amounted 4
e. 81 So.