Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-11-22
NO PROOF OF GUILT BROUGHT FORTH

Hearing Of County Tax Receiver John I. |
Dickey, on Charge OF Antedating Tax
Receipts-lt Made an Interesting ses-
sion of Municipal Court, Hut Resulted
in NothinG-The Charges Were Not sus-
tanned and the Case Was Dismissed
Lively Contentious by COUNSEL.
The case of Receiver OF Taxes John
T. Dickey, charged with antedatiug tax
receipts, came up In municipal court
on Saturday. Willard Salisbury and
]. Harvey Whitenan appeared for Mr.
Dickey, while City Solicitor Elliott rep
resented the State. There was large
attendance Of spectators when tho case
was called and they remained until the
proceedings were over.
Mr.. salisbury stated that there were
30 cases; that he did not think there
was anything i'll any OF them, but he
would suggest that two or three of the
strongest cases be tried first, SO that the
trial would not last IA week at the
utmost.
MIR. Elliott said he had issue sub.
pena duces tecum for Mr.. Dickey,
requesting him to bring his tax receipts
books and stubs into court. lie desired
to know whether the books had been
produced,
Municipal Court Clerk Adams stated
that the subpenae had been duly served.
Mr.. Elliott-"l ask that the witness be
called"
The name of Mr.. Dickey was then
called and he took the stand.
Mr.. Saulsbury-"l will say to the
court, that my colleague, Mr.. Whiteman
and myself, have advised Mr. Dckey to
sit silent when his name is called. He
has the constitutional right to refuse 10
testify"
Mr.. Elliott-"I don't propose to ask
Mr.. Dickey any questions, but l want
those books"
Judge Ball-"Mr. Salisbury, don't
| you think il advisable for Mr.. Dickey
To go on the stand first? He can after.
wards refuse to answer any questions"
MIR. salisbury said he had no obiec-
ton to Mr. Dickey going on the stand,
but he did object to his testifying in a
cause where it might incriminate him.
Mr.. Dickey then took the stand.
Mr.. Elliott--"Mr. Dickey, you have
been subp9naed here to produce the
books and stubs Of your office. Are
those books herep"
Mr.. Dickey-"l refuse to answer, on
advice of my counsel.
Mr.. Elliott-"Then you refuse to pro.
duce those books"
Mr.. Dickey-"I refuse to testify on
advice of counsel"
Mr.. Elliott-"I desire to call the at
tentiOu Of the court to 'Groenlcuf on
Evidence l hold that those books are
, public records and should be produced.
. Judge Ball-"lf remember right this
point came up in the case Of Eugene V
Debs, during the recent strike u
: Chicago. A subpmnae duces tecum was
: issued for Debs, but don't Iecolec
! just what the decision OF the court wal
in this case,
, Nh Saulsbury-"I would suggest Il
the court that the action OF the United
States marshal in taking those book
from the office of the American Railwa,
Union was denounced by the attorney
general as excessive zeal ON the part .
: the marshals."
Mr.. Elliott-"l insist that these ar
Y public records and public books ant
that they should be produced.
S Mr.. Whiteman-"Now, il it pleas
2 your honor, it is matter of natural re
greet, aside from constitutional privilege
c that a witness may refuse to testify in
@ criminal case against his own interests
c In the trial Of the Huymarket rioters Il
G Chicago, and in the Debs case, it wa
|, decided tina. the officers exercised III
: usual zeal in prying into the offices TO
G those records. | submit that such
Q course would be an ubridgement of tn
/. constitutional right. These are not pub
lie records. They arc finally disposed q
l. at the end of the year by consignin
v them to the flames"
[, Mr.. Elliott held that the books ougl
IS not to be burned; that they were puOGi
o records.
n Judge Rall-"We feel satisfied in gu
!. own mind in regard TO this matter bit
d We would like to look up the case
Al Debs and others before We render
decision"
i Mr.. 5aulsbury-"We insist that tn
rs case be disposed of to-day. Our ellen
II is here, charged with crime, and "
IS want to have the case settled us soon O
possible. The evidence can ccrtuinl
be produced this morning, in order tai
We may have that much disposed OF.
Id Mr.. Elliott insisted on p0stponemel
Of the case in order TO give him an o.
!. portunity to look up presidents
10 regard 20 the right Of the prosecution
IL compel the defendant to produce Ii
"A books aud records.
Mr.. Salisbury said he had sent o.
an for the decision in the llaymarket ca
mr. at Chicago.
II Mr.. Elliott then requested the court
nj HIM uI. 81.
10 or three hooks" and was told to go III
ii. get them.
The court proceedings were into
~ rupted while counsel went ont to pr
Ia cure court decisions in the matter
on public records and pubic documents.
en- Mr.. salisbury ana Mr.. Whltrm
rs, afterwards held Il consultation, the
Nv suit hcing that they decided to prOdu
m. the books, Mr., Whteman announc
iii this decision to the court and cUun!
in agreed to waive the constitutional rig
OF the witness us far as the books a
records were concerned. a messenl
was sent for the books. Mr.. Saulsbu
49,, afterwards said he thought it was I
'' first time Il defendant was ever co
49,, PEELED to produce evidence against hi
~ self in II court OF Justice.
I'll Mr.. Elliott then called William
70 Travis 10 the stand. lie said lie liy
a. ~; in the Third ward. He did not RENE
s nt. Der when he got his tax receipt. I
IT, number was 5,552, and the witness s,
iu it was lett at lis house.
!" John H. Travis, the next witness, a
in lived in the Third ward. He had
,ra tax receipt with him, but did not KIN
~ when he got ii, The tax receipt y
''uP left at his house.
- - Mr.. Elliott then aslird the with