Evening journal., 1894-04-24
MR.. ELLIOTT CONFUSED.
he FAILED TO SIGN INFORMATION
ON A CHARGE

Against Detective Mcvey. who It Was
Alleged, Assaulted Solomon Morrelio.
The Case UnceremoniousIy Dismissed ..
"Here Is a charge, your honor, where
part Of the testimony has been put in
without the city solicitor having signed
the information, and l ask that the
defendant be dismissed"
These were the words OF eX-Attorney y
General Biggs in the Municipal Court
this morning, and they almost paralyzad
Mr. Elliott.
Detective Bernard J. McVey was ar
raigned for committing an assault and
battery on Solomon Morrello. Of No. III
Market street, on March %. aud Mr..
Biggs represented the defendant.
Morrello testified that oh March %,
McVey and another man, Detective Wit.
si) went into his store aud asked bis
wife if satchel had been sold to her
neatber Mrs. Morrello nor her husband
knew the detectives The woman told
them that 1t was sold TO a Pole. but did
not know it was stolen. Morrello came
in the store then and McVey said to him
that the satchel would cost him four
times as much as 1t was worth and then
used the epithet you are - -
sheeny." McVey, he said repeated the
last sentence several times and started to
60 out to get policeman.
MOrr, llo said he tried to pass MeVey
when the latter made an attempt TO hit
him, but was prevented by the other
man, who was with him. The latter said
to McVey Let him alone and come out. "
Morrello went ont on the pavement and
McVey struck him and then took him to
the patrol box at Front and Market
streets Morrello protested against being
hauled to the City Hall In the patrol
wagon. He was knocked down at the
patrol box by some one. When the patrol
wagon came up lie was put in by McVey
and patrol officer aud thrown en- his
back. Some one put their feet on his
chest and somebody else put their boots
on his feet and held him down. After
arriving at the City Hall he was hand.
cuffed and taken before q magistrate
| Morrello had reached this point when
Mr.. Biggs arose to look at the informa-
tion Hurriedly Mr. Elliott seized the
sheet and proceeded to place his sigma
ture on the bottom Mr.. Biggs imme.
diately appealed to the court that the
defendant had been placed in leopard
| without the signature Of the deputy
attorney general, Mr.. Elliott, and
asked that the case be dismissed
Mr.. Elliott was confused, but at.
tempted to patch up the break by stat
ing that the warrant was sworn on April
20, and that his attention was first
called to it-by the clerk last night.
Judge Ball ruled that q charge cannot
be taken in court only on information
signed by the deputy attorney general.
Il was the duty Of the city solicitor to
prepare the information and not the
clerk. The latter did the work only as
an act Of courtesy. The case was dis
missed
Detective McVey said after the court
that the charge was a personal affair OF
City Solicitor Elliott, who has been
working the matter, he said, for several
days The detective also said that he
arrested Morrello because he refused to
give information concerning some stolen
property. At the patrol box the de-
tective says that Morrello tried to break
away aud struck at him (McVey) After
the attempt McVey struck MOrrello once