Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-05-19

Ihere was unusual interest manifested |
In the proceedings at municipal court last |
night week, by reason of the trial of J. H. |
Sylyanus vs.. Constables Isaac X. Brown,
Frederick Neutze and James Brown, Jr.,
charged with aggravated assault and
battery at Republican headquarters on the
night of April Both. The defendants were
on hand with their witnesses, as was Let
ter-carrier Sylvanus, the plaintiff, in the
case.
After City Solicitor Curtis had called the
names of the witnesses Walter III. Hayes
one of the counsel for the defence, stated
that he desired the attendance of Il. Il.
Bach as witness. Mr.. Hayes said there had
been forthwith summons issued for Mr..
Bach and the defence proposed to have
Mr.. Bach present. MIR. Curtis stated that
Mr.. Bach had not been summoned by the
State and that it was immaterial to the
prosecution whether Mr.. Bach was present
or not. The case was then held up until
Mr.. Bach had been regularly served with
a summons. Mr.. Hayes and Andrew u.
Sanborn, for the defence, claimed they
had been taken by surprise at Mr.. Bach
mot being summoned, and after awaiting
few minutes Mr.. Hayes stated that after
conference with his colleague and with
Mr.. Curtis, counsel for defence asked
continuance until Monday evening at
o'clock.
Meanwhile Sergeant Ingram had been
dispatched for Mr.. Bach, doubt having
Deen expressed rs 10 WneUiItf nc was III Inc
city. Before the return of Sergeant Ingram
Judge Ball asked counsel whether il
would be preferable to them TO have the case
tried in the evening or during the day. In
reply Mr.. Hayes and Mr.. Sanborn both
requested that the case be heard at night,
in view of the fact that the upper court
was now in session, which made 1t neces-
sary for them to be there during the day.
Judge Ball then adjourned the case until
Monday evening at O'Clock, continuing
the prisoners under the same bail as before.
II was a few minutes after clock. Mon
day night, when the case of Ietter-carrier
John II. Sylvanus VS.. County Constables
Isaac r. Brown and Frederick W. Neutze
and James Brown. charged with assault
and battery at the Republican head
quarters ON April 30th was called iii the
municipal court. The case had been post
poned until last Monday owing to the alb
sence of +. Il. Bach, one of the witnesses
in the case. MIR. Bach was present when
the case was called last evening as was
Marshal Mahaffy, Deputy Marshal Watson
and the witnesses in the case. A Il. Sam
born appeared for the defendants City
Solicitor Curtis called John n. Sylynnus.
the prosecutor in the case Witness was
still wearing a grim reminder of the
fracas in The shape of a patch over the
coroner of the right eye. Mr.. Curtis was
about to question the witness when Judge
l1Nti, lHOklllB NbNn lTbIu lHt UttlCU. us
covered that Constable Frederick II. Neutze
one of the defendants in the case, was
absent. The court stated that the case
could not so on without all the defendants
being present An officer was sent to find
Mr. Neutze who, it was understood, had
gone to find Walter II. Hayes, associate
counsel in the case. Proceedings were sus-
pended until the defendant arrived.
The case was then resumed. l.etter-cur-
rier Sylyanus stated that he was standing
in the Republican headquarters on the
night of April Both, talking to r. u. Bach,
James Brown came in and said: "Syl-
vanus, "" and caught him by the
throat Then Constable Brown pitched in
and he (Sylvanusl attempted to tight the
assailants off. Witness could not tell who
kicked him. He saw Isaac Il. Brown
punch him. lie was taken sick and be
came unconscious. Witness did not know
whether Constable Neutze assaulted him
or not.
Mr. Sanborn cross examined and desired
to know whether witness, when living in
Pennsylvania, had not gone under the
name of John Mulvena. Mr.. Curtis OBJ
jected. Mr.. Sanborn Withdrew the ques-
ton. Mr.. Sanborn then asked the witness
if he had truthfully told the court all that
took place on the day Of the assault. The
witness replied that he had told all that
took place at Republican headquarters.
Mr.. Curtis objected to counsel for the
icfence proving n previous assault other
han the one which occurred at the Re
ublican headquarters and held that evil
ence concerning prior disturbance was
irrelevant Court allowed the evidence and
gave Mr.. Curtis ample opportunity TO pro
duce authority stating why the evidence
should not be allowed.
Witness said he had an alteration with
James Brown in front of Browns hotel
and that Brown had ordered him away
and had taken him by tho collar.
ttDiAOlt a IA, fhp nlup,a of htteiung
of Isaac Anderson" asked Mr.. Sanborn
ION the day previous to the Republican
primary election and offer him 50 to clear
out the Brown crowd at the polling placer
Witness replied in the negative. II,
said Anderson had volunteered to do it
however, for 10 cents.
During the examination of the witness
Mr.. Curtis became very indignant at Mr.
Sanborn stating. certain evidence to tb'
court when he (Nir. Curtis) was obiectng
and characterized the LEARNED counsel
actions as most extraordinary"
The court stated that counsel would hav
to prove that the evidence had some bear
ing upon the assault, otherwise 1t would b.
thrown out
Joseph A. Macklin testified that he say
the beginning of the fight. He was sittin
on a table between Sylvanus and +. h
Bach. He looked up and saw several pei
sons coming in. One of them said
There's the - go for him. The
James Brown went for SNlVantS ana IN
latter also went at ii. The whole crow
went into it, saw Isaac II. Brown. kie
Sylvanus. | said, 81 think this had bette
stop He then went in and parted them
Philip W. Mcdowell had seen the begin
ming of the fight. lie saw James Brow
and Sylvanus clinch. Witness also sal
Isaac Brown kick Sylyanus in the lcit
and side. lie also saw Frederick Ncut2
kick Sylvanus when the latter had Jane
Browns head under his arm. Witnes
saw one man have u chair. He did NJ
see Sylvanus pick up chair. There VT
good deal of excitement in the room.
II. T.. Bach was the next witness. !
reply to the questions of Mr.. Curtis witne
said he was sitting behind table
Republican headquarters when the iigl
took place. John Brown brought II
returns from the First ward. jam
Brown then sprang at Sylyanus throa
The latter was sitting on a table. Then
turmoil began. There were twenty Inc
in the room when the fight began. ~
vanus had Jim Browns head under Ii
arm. They seemed to be punching eat
other.
a. C. Pyle was out in the entry wht
the fight took place. Sylvanus and jam
Brown were scrapping when he enter
the room. Witness didn't see u c0lort
man with a chair in his hand lightin
He saw Mr.. Neutze Kicking but did n
know whom he was kicking.
Frank Sparks testified that he saw Jam
Brown and Constabcs Isaac II, Brown Al
Frederick w. Neutze enter the room. :,
vanus was sitting OH the table alongsiS
the witness. James Brown rushed up al
struck Sylvanus. Witness saw Isaac
Brown kick at Sylvanus. Witness sad