Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-31
TIE Thy OFFICE RoK.


Before Judge Ball in municipal court
yesterday was heard the case of John
7. Mitchell charged with assault and bat
tory on William Il. Nnudain, the colored
policeman at Eighth street park, during
the disturbance in the office of County
Treasurer Dickey on March 18th, while
George j. Finck YVES sitting for the collec-
ton of delinquent taxes.
Naudain was the first witness. He said
he had gone to the tax office for the pur-
pose of paying his tax, and was assaulted
at the entrance to the door on Market
street, after he had been waiting over an
hour. Mitchell, he said. struck him with
his INST twice. lie was standing in line
and the door being open he went to close
it. and some one said. "Knock the did
niggcr's head Off" Then, he said Mitchell
struck him, the blow taking effect in the
eye.
On cross-examination Naudain said the
door was not tied back, and that he did
not say anything to Mitchell, who was
standing on the right hand side of the
door The door being donble one he
shut ono side, after which the fracas was
OPENED and he was struck by Mitchell
twice.
Detective James L. Hawkins testified
that he was opposite tho door about the
time Naudain was closing the north door,
and saw Mitchell on the lower side shove
II back, II was pushed shut again, and he
then saw Mitchell strike Naudain twice
Then a general fight began. He arrested
man whom he saw strike another man.
He did not hear Mitchell or Naudain say
anything 10 each other after he got there.
Howard Stats, testified that he was at
the tax office at 4 o'clock, but he could not
identify Naudain as the man who was
struck by Mr.. Mitchell. He saw colored
man attempt to close the door, at which
attempt the fight began.
James IL. Thompson, colored, testified
that he WINS at the tax office and stood
against one of the tables. Mr.. Mitchell
was standing on the right side of the door
as he went in. Some one UP at the head
of the line called out "Shut the door II
Naudain took hold of the door and at
tempted to close it, when Mitchell said
Leave the door alone" Naudain took
hold of the north door, trying to get it
closed, when Mitchell struck him Twice.
The last blow landing on Naudaln's eye.
+. IL. Anderson testified that he saw
Naudain struck when he tried to shut the
door, and heard Mitchell tell Naudain not
70 shut the door. Naudain persisted in
closing it, when Mitchell pushed him with
his left hand and then struck him on the
eye.
For the defence, Hugh Connor testified
that he was present and saw Naudain close
to the door. He also saw Mitchell struck,
as he believes, first, by some one he could
not say whom. He saw Naudnn strike
Mitchell before Mitchell struck Naudain.
John Canning testified that when he
went in the store Naudain was trying to
shut the door and he heard Mitchell tell
him not to close the door He saw Naudain
strike Mitchell, at which time he went
into the fight to lend willing hand.
George ]. Finck testified that Mitchell
was then in the capacity Of his assistant
on that date.
William Galloway testified that about
400 O'Clock some one in the line saiithat
the books were closed. Then some one
else said shut the door" when some col
ored man closed the door. He did not
know who struck the first blow. He heard
Mitchell tell the man to leave the door
open so the crowd could pass out.
John 4. Dickey testified that he saw
nothing of the fight. The doors were
ordered to be opened to let the crowd pass
out few minutes after o'clock. One of
the doors was tied back, as it could not be
kept open without being tied He was in
the rear part of the store the entire day.
lie gave his brother instructions to 20
down and close the door. This was after
the books were closed, few minutes after
o'clock.
The case was fully argued by City Solicit
tor Curtis for the prosecution and Branch
x. Giles for the defence.
Judge Ball decided that the charge Of as
sault had not been sustained and dismissed
the case.