Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-04-26
The CASE COMES TO A SUDDEN EaI

terry on Hcury MoFreli, who keeps
secondhand store at No. Ill Market
street. The assault Is alleged 70 have
lceu committed March 2Sth last. The
warrant was sworn out last Friday
night. When the case was called Tues
day morning eX-Attorney Genera! John
BigFs appeared as counsel for Detective
McNpy and City Solicitor Elliott CON
I Quoted the prosecution.
Morreli was called ana gave his YER
sion Of the alleged assault with consid-
cradle feeling. lie said that the deiec-
] tive entered his store March 2Sth, in
search Of stolen valisc. His wife first
held conversation with ,ho officer,
when Norfcll took the matter up. The
detective wanted to know where the
vIlise was" Morfcll continued, "aud |
I told him we sold 1t 10 a Pole for 10
cents. The officer said We had no right
/ 10 buy stolen goods | did not know ii
was stolen and held it for Two months
Tho detective wanted to know why we
had not ke9titin the window along with
the other goods. | didn't know he
was detective at that time, so
l approached him and told him
10 leave the store. He raised
! his hands and then called me a
| 'sheeney.' | caught hold OF him and
l looked outside the store for an officer.
| There was none around, so | kept hold
/ Of him until We got TO Front and Mar.
1 ket streets. still looking tor ali officer.
I Then detective McVey drew a black
| jack from his pocket and commanded
| me TO let 20 of him, which ! thereupon
/ did. when | found he was an officer.
| was placed in patrol box, and when
the patrol wagon arrived was sent to
the city hall. The officers placed me
on my back in the patrol wagon. l
was afterwards taken before Justice
of the peace and charged with assault.
ing an oiticcr.n
Now, Let me see, said City Solicitor
Elliott. Didn't you say the first blow
was struck in front of the store:"
The witness was about 10 answer the
question, when Mr. Biggs ran his arm
over the clerks desk and secured the
information, the virtual indictment in
the case, which had been filed by the
city solicitor. a quick glance on the
part Of the attorney convinced him that
the city solicitor had neglected to attach
his name to the information, and with a
smile Mr.. Biggs called the attention of
the court &c the oversight.
Mr. Elliott took in the situation at this
point, and the examination Of the wit
ness was interrupted while he signed
the information.
Mr.. Biggs, addressing the court, said
it was no time now for the city solicitor
to sign the information after his client
had been placed on trial and the hear
ing commenced.
Il ask that the prisoner be dis.
charged said Mr.. Biggs, ION the
ground of failure to file the customary
information
Judge Ball-"There is nothing against
him until the Information is filed and
duly signed by the city solicitor"
Mr.. Elliott, in explanation of the in
advertency, said that the clerk Of the
court had been filing out the informa-
tons and for some reason he had not
handed 1t To him Tor his signature. The
clerk had placed the information on the
desk in full view Of both attorneys.
Judge Ball said the prosecution could
not proceed unless Information was
regularly filed and signed by the prose-
cutting officer. 1t takes the place of an
indictment in the municipal court.
Judge Ball stated that it is not the duty
OF the clerk TO die the information, or to
fill in the blank. Clerk Adams had
acted only out Of courtesy to the city
solicitor when he filed up the blanks.
"When was city solicitor" continued
Judge Bail, Il had to ill up my own
infOrmation.s
DO You desire to press your motion
for the discharge Of the accused 7" asked
the city solicitor, turning to Mr.. Biggs.
81 wouldn't have made it if hadn't
that Intention" was Mr.. Biggs' reply.
City Solicitor Elliott-"Well, l say
do you desire to press IL"
Mr.. Biggs-"l wouldn't have made il
otherwise. l think that's a queer ques
ton to ask me, MIR. Elliott"
: Judge Ball stated that he was com,
PEELED to discharge the defendant, there
being nothing against him, and Detec
, tive McNey walked out.
Mr.. Elliott could have Immediately
filed a new information and started thu
trial over again, but he didn't
Detective McNey stated that thu
charge was brought by the city solicitor
through personal antagonism. The de
tectiye further said about year age
: / arrested a Pole who was sent herr
from Now York to buy up number o
Polish votes. The man was taken be
fore Justice Sasse, and Elliott defended
fhim. During the trial Elliott and ha(
= some words, and since then he has hat
! it in for me. He hasn't spoken to mt
Z since. He secured the witnesses in Til
i case himself. lie went down to thu
a store of Quigley d Mullen personally
:, and asked if any one in the store hat
seen the trouble between the prosecu
, ting witness and myself. He also per
! sOnally sought out other witnesses il
. the neighborhood. 1t is personal spit
a on Elliotts part. The charge woult
!, never have been brought if it hadn'
y been for him. am sorry the trial wa
r not fully gone into, as | could hav
y proved my innocence of the charge.
!. am prepared to answer any charge tn
r city solicitor may bring.
+ City solicitor Elliott was asked if h
i had anything to say in reply to til
charges OF Detective McVey, regardin
q personal antagonism growing out o
: political conflict over the arrest of tn
= Poles referred to. He said:
! THE charge that there is any pei
I sonal feeling on my part is untrue.
y did have some political difficulty wit
# McNey but that has not influenced m
- in this case. AS for my hunting u
f. witnesses for the prosecution, all hay
n to say is did call at the store of Quigle
! u Mullen, where l have friend, bu
- further than that l have not been hum
, ing any evidence. ! wanted to get
u the truth or falsity of the charge. NJ
a Vandegrift defended Morrell before til
n justice Of the peace, and it was throug
~ him that this casn was brnurht