Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-06-18

NAt Monday nlght session OF munlclpdl
J tlpurt the case of assault and battery, j.
r. g. Gorrell vs.. Edmund Mitchell, III,
kith Messrs. Hayes and Elliott, at.
/ torneys for the defence, was called, and |
= CITY Solicitor Lyman rising, said. "Your
Q honor, respectfully ask that all wit |
7 ncsscs III this case be excluded from the |
= court room until called upon to testify"
!. MIR, HAYES for the defcnce-"l refuse |
q 10 give the names Of our witness.
Ihe court-"All witnesses in this case
II will repair To another room to await the |
!, calling of their names to give testimony; |
i the witnesses remaining in the room
!, viii not be heard"
;" MIR. TIayes-"Then, your honor, we
n respectfully withdraw from the case"
r Wrhe uourt-"Why
il YMr. llaycs-"We wish TO know why
E This Is doneY"
The ceurt-"This is not unusual, and
2 lthc court has the power, if ii wishes to
y lskercise il, Of ordering all persons out
"a lnf tho room if it wishes or sees fit to do
J siic. ~ l'4' : =
" mir. TTayes-"We will agree, then"
a EMr, Elitott-"My associates reason
" was that he did not see the necessity for
2 it.n
10 j. r.. G. Gorrcll was called and testi
id fed. am a resident of the Fifth ward,
I'd have lived there one year since March
| iaat. went to the polls about 1.15 p.
~ nj. and when got TO the stepssome one
~ said the polls were closed. Mr.. Mitchell
aee was obstructing the window, but Mr..
he Carpenter made the remark that the
Ne polls were not closed. | then waited
u, fhere until could get in line to vote.
Or Twishcd to vote us soon as possible as
py had ain important engagement to fulfill
"a in the afternoon; | got into line several
~ tines but was pushed out every time
a. MIR. Mitchell was standing in front of
| the window and leaning with his elbow
cir on .the window sill; n colored man was
on the other side OF him and IL crowd Of
y men We're standing behind the colored
IN man. passed my ballot and tax re-
lie ceipt over Mr.. Miichcll's shoulder
yn towards Nlr. Carpenter about o'clock,
when Mr. Mitchell turned and said |
Of could not do that and grabbed me by
lily the lapel of my coat and pushed me
not saving il was not my time 70 vote
me MIR Lyman "Was there any voting
I'VE going on at that time a
~ WNr, Gorrell--"No, sir"
Nh MIR. Lynam--"Were You jostlcd
lei around pretty liveiy2 Were you hurt
las any Y
o. Ar. Gorrell-"Ycs, sir; my back hurt
70 me for about an hour Immediately after
~ Mr. Mitchell pushed me away from the
i .,ii window, walked out to the street"
M. ~ HMr. IIaycs-"Mr. Gorrell, after you
has left The polls what did you do? Did
nj yon discharge your usual occupation"
No. {@Mr. Gcrrell-"Ye sir."
ANIr. Ellott--"Do You say that Cap
tain Mitchell said that it was not your
loo- time to vote
70 Nlr. Gorrell-"Yes, sir; that is what
hesaid when reached over his shoulder
with my vote"
bat Joscph i. Carpenter, Jr., Frank y.
ing Carpenter, William II. Lee and Edward
II ~. Kane each testified that Mitchell
rer. pushed Gorrell away from the polls
M when he went there 10 vote. The
III State rested here and the defence
on. opened.
ncs Charles II. Groves testified that he
'lty was within five feet of the window and
ap. saw Mr.. Gorrell go up to vote. Mitchell
,ers Squared himself around and waved his
/ 10 hand towards Gorrell, saying, 1T is not
your turn to vote; you will have to get
into line" He was not in the line.
ID Franklin b. Cotton testified that he
ok had been watching Gorrell nearly all
ed the afternoon because he had seen him
ave in conversation with MIR, Carpenter at
various times during the afternoon and
wanted to see what Mr.. Gorrell was
after. He saw Gorrel offer to vote;
il Mitchell turned and pushed him from
yii the window, saying, "Ths is not your
led. time to vote Stand back and take your
turn" There was a line composed Of
iel. ,threc or four men directly back of each
TO other at that particular time.
An Mr.. Lynam-"Mr. Cotton did You
: 5. SAY to Mr.. Gorrel that you had been
rye matching him all day and that you
--%@4 thought that be had come out there 10
continued he would be made mar
a tyr?"
Mr. Colton-"Yes, sir"
John j, Mahoney saw Gorrell go up
4. I'd the window and saw Mitchell move
\ his hand and say something to him.
lJoseph f. Martin testified that he did
not see Gorrell offer TO vote.
IVA Mr. Lyman opened for the State
J saving there is evidently some contlc
w of testimony in this case, and after re
M viewing the facts asked What righ
III did Mr.. Mitchell have to say it's mo
VA your turn to voter lie had no specia
IA authority from the citizens to say who
IA should vote and who should not vote
IA What right did he have to lay hand
SI upon any voter who was there to vote
It's not contradietad that there was NJ
physical injury, but | have heard you
honor say time and time again in thi
court since it has been my pleasure t
be prosecuting attorney in tins cour
that to men of the standing of MI
Mitchell end Mr., Gorrell that an insul
was Just as serious as if he had gone il
and hit him and battered him up, and
claim that the insult to Mr.. Gorrel'
feelings is part of this assault and tina
this is just as clear case as hay
ever proven.
Mr.. Elliott followed. He held tina
there was no assault and battery; tina
Mitchell had right at the polls Il
nv experience il is customary that mel
rel into line and take their turn. MI
Gscrrel laid his arm over and upol
Nitchell's shoulder to cast his vote, Ii
thu fullest sense of the law, is not thi
also an assault and battery? MI
Mitchell said; "Stand back" &c
tha' there any indignity, any assault am
zion Battery in that? The evidence show
that there were men standing in lin
~ waiting to cast their votes. They had
. right to be there. Mr.. Gorrell had n
,srt right to push in ahead Of them. Simpl
perl because he did not wish to be pushe
oria. around | fail to see that there is an
our criminal intent.
ular NM. Hayes followed He said that
tho the alleged assault had not happened o
Will election day it would never have bee
Brought into court.