Evening journal., 1894-11-17
THE CASES DISMISSED.
Witnesses Couldn't Remem-
Der When They Got Receipts.
DIOKBY NOW A CLEARED MAN

In Municipal Court this morning the
much-tslked Of and long .waitedlfor cases
OF John T. Dickey, charged with ante
dating some twenty. nine tax receipts,
was called Willard Salisbury and J
Harvey Whiteman appeared for Dickey,
and City Solicitor Elliott for the state
Connselors William Michaell Byrne,
Walter Il Hayes and Victor B. Woolley
were interested spectators.
After the charges had been read Mr.
Salisbury said that as life was precious
and time was heetlng and it would take
month or more TO try all the cases, he
would suggest that Mr. Elliott take up
two of the cases where he had the
strongest evidence and try them as test
cases
Mr. Elliott said--"I imagine that the
testimony evolved will alone determine
the strength Of any particular cases I"
to which Mr. Salisbury replied: 1T Ii
supposable that the learned city solici
tor knows the nature Of his testimony. )"
The Tax Rsceipt stubs Wanted.
Mr. Elliott then said that process duce
tecurh bad been served on Mr. Dickey
TO produce the books containing the
stubs of tax receipts issued by him, and
tie hNAtA II Nuoot uNoha were III ttuTbs
Mr. Salisbury stated that both himself
and his colleague had advised Mr. Dlckey
10 sit silent when his name was called,
as be had a constitutional right TO re-
fuse to answer any questions while he
was defendant In a criminal action, which
would In any way imperil his interests
Mr.. Elliott argued that the books we're
public records and we're necessary to the
k. oh. L.. ii
them
Judge Ball suggested that the proper
course would be to place Mr.. Dickey on
answer This Mr. Dlckey did and refused
to answer any questions, stating that he
did so on advice OF his counsel.
The Books Not Public Records.
Mr Salisbury held that the books
we're not public records He referred TO
the decision of the United States Attor-
ney- General in the Debs case, wherein
the prying into the private affairs Of the
defendant was heartily condemned.
Mr. Whiteman said that when he had
been informed OF the serving Of the
process on his client, both he ard his
colleague were in doubt as to whether to
consider lt a huge joke or an intention TO
use the books to deprive the defendant
OF bis natural rights and constitutional
protection by practically compelling him
TO furnish evidence which might initiate
against him. He held that the mere
manual work OF bringing the
books in we're as much an in
frinRement Of those rights as II he
testified he cited the cases OF the
Chicago Anarchists and Debs He held
that the books were not public records
Mr. Dickey is now county treasurer and
receiver Of taxes, and will be until Janu
airy 1, when he becomes county treasurer
and turns over his books &c, to the
county comptroller, when after being
examined they will be burned
Mr. Elliott-"The law doesn't say
burned"
Mr.. Saulsbury-"Yes, but It does
Mr. Elliott-"It oughtn't TO- anyway. y
Mr.. Saulsbury-"I think this process
is absolutely one without warrant, nm.
constitutional and directly opposed to
the inherent rights of the defendant and
| seriously question whether he would
have TO obey 1t. "
Tho Books Sent For.
A delay Of several minutes occurred
while the lawyers looked up authorities.
Mr.. Whiteman stated that while he was
/ firmly convinced that the process was un
warranted. and the defendant was not
compelled TO produce the books, the de
fendant bad nothing to suppress from
the public, and that there was nothing
In the books that required TO be sup
pressed
The case was then taken up and VIII
liam I. Travis was called he stated
that he lived in the Third ward, but
didn't know the dAy he got his tax receipt
nor from whom. 1t was left at his home
during his absence
]. e. Travis, also OF the Third ward,
had his receipt put under door Didn't
get it from Dickey. James Daley testified
/ to like lack OF knowledge.
Walter Pagan got his receipt under
his door, but had lost 1t since Didn't
get it from Dickey, and couldn't re.
member the number.
Robert Cassidy, also Of the Third ward,
had his receipt left under his door. HI
couldn't remember when. IL was
numbered e76S
George J. Fink, registry clerk, identi.
fed the stub aud stated that IL was not
customary to put the date Of issuance
on the stub
Daniel Dugan, Third ward, was not at
home when his receipt was left. Didn't
get It from Dickey Thomas Collins
testified similarly. Thomas Jones thought
it wss a week before registration day
when he got his receipt
Mr.. Elliott-None of the witnesses
appear to know when they got their tax
receipts, but none Of them got them
from Mr.. Dickey One at least has beer
spoken to by a state officer and | wan
10 find out what was done.
By consent OF counsel Mr.. Elliott was
permitted to examine the witnesses on
all the warrants before any one wal
decided on, and he produced
George Il. Hosg, James F Curran
and James f. Buckley. Of thu
Fourth ward; Joseph 4. Cannon, John B
Dunbar. P Q. Brown. Charles W. Dig
gins and John B. Dunbar, Jr., OF th
Fifth ward, but none Of them remem.
bered when they got their receipts
This closed the taking of testimony
Mr. Elliott said: "rhese warrants wer
sworn out and charges made in goo,
faith and as the representative Of tn
attorney general took up tbs
cases believing that the charges coult
be proved by the witnesses. Thi
has not been done, and / cannot ask 70
a conviction. / must ask that the case
be dismissed