The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-10-17
DELAWARE
HOUSE EPISODE.
Trial OfSamuel J. MaIOney
on the Charge of Dis
orderly Conduct.


was engaged in the hearing OF the case o
Samuel J. Maloney who was charged witt
disorderly conduct. The affair happened
at the Delaware House on last Friday
morning.
House Sergeant Daniel Kelleher deposed
that on Friday morning he saw Malonss
in the police station. He was accompanied
by two other mon. About three minute,
afterwards he went to the Delaware
House. AS he entered the barroom he was
| directed to arrest Maloney The people
were quarrelling and he saw Maloney try.
ing to get Mt tho bartend,r He snid he was
looking for fight. As he reached the door
| Maioney's two companions told him to
strike witness. He did SO and knocked
off his Dap. As they reached the street he
threw Maloney to the street and choked
him again. He finally backed him against
the building and he struck him and then
threw him down and choked him until
he let 60 his hold. The gang followed
them to the hall whore Maloney struck
him three times and then the sergeant
retaliatedand struck him back.
In answer to William Michael Byrns no
said he was Oh the force for five years. He
arrested this man at the direction of Nc
not arrested Maloney had 1t not been for
the request OF EcCadden. He did not
strike him In the back or kick him whom
Mallory struck the first blow. He denied
he kicked Maloney when ho was on the
ground. No one touched him from tho
time he was arrested until he was searched.
He stopped resisting at the end Of the City
Hall. He turned him over to the turnkey.
Then it was he was assaulted. Maloney
made NO marks by his blows. Robert Nc.
Gladden., proprietor of the Delaware House,
testified that when the three men entered
his place on Friday morning trouble arose.
In answer to Mr.. Byrne he deposed that
lie asked the man to take the man out
meaning he wanted him arrested. There
was no cursng when Cook was down.
There was some loud talk going on when
tho officers came in. MalOney was one Of
the men who was in the scrimmags.
/: David Cock testified that Maloney struck
him twice in the Delaware House on Fri
day morning and that caused tho disturb
aEce.
George Iceland, the bartender, testified
he saw Maloney strike Cook and he OBJ
jected. Ho received the same treatment
and then secured blackjack. The men
were in check when the officers entered
Keller made no advance until ordered and
he heard no one tell Maloney to strike
the officer.
James ONtil testified he saw the crowd
in the Delaware House In general bar
room fight. He put up his hands to steady
Kelleher and the prisoner but was struck.
The crowd seemed to be hostile to the
officer. He saw kelleher with his knee on
Maloney as he choked him while on ho
ground. Captain Chamb rs said he saw
the trouble at the station house
Mr.. Byrne oil ] cted to the evidence. Tho
charge was breach Of the Ipeace intne
presence of the officer at the Delaware
House.
The objection was overruled. The cap.
tain deposed he saw Keleher enter win
the prisoner AS the turnkey attempted
to search him Maloney struck Kellehe-.
Then 1t was Kelleher who threw Maloney
to the floor kelleher Ind his knee on
Maloney's chest.
The court addressingj Mr.. Byrne said he
would have the officer arrested for assault.
ing this prisoner. Mr.. Bryne ifyou put
the question to HE then I say If the prison.
er did not make any effort to escape then
1t is not the place Of the officer to bostow
yindicitive punishment upon a prisoner.
Turnkey HaWmerer deposed he arrested
Garvey and while under arrest Garvey
cried to Maloney to kick him, At the Del
aware House he went between Maloney
aud the bartender.
MIR. Byrne said the offonse consisted Of
two chapters, First what occurred before
the advent Of the sergeant and tho second
chapter afterwards. The defense claims
that II kelleher arrested this nun illegally
that Instead of the officer bong resisted
this defendant was Numerically beaten
by this officer
Maloncy deposed that he has been ON.
ployed by the Government as n boiler
maker. As he stepped into the Delaware
House he was stopped by Cook and as he
ran at him he knocked Cook down. Then
the bartender ran at him with black jack.
AS he was going out tho door Kelleh.r
struck him and he fell down the stops. In
the street he beat him numerically. When
Keleher was beating him the sergeant
cursed him. He tried to save himself and
did not strike kelleher while on tho street.
railing, Kelleher grabbed him by the back,
kicked the legs from under him and burst
his eye. In cross. examination Maloney
said he did Il OF mako threat to lick Kelle.
her or die in the attempt
Michael Garvey was with Maloney as
they entered the barroUm. He saw TITO row
and everything was quiet when kclleher
entered. He was brought over BY Ham
mersr to the city hall. In IL day room
he saw Kelleher throw Maloncy to the
floor and get down on him with bis knee.
john Foley testified he saw the bar
tender with the black jack and saw keile-
her strike Maloney in the door and knock
him down. He saw Kelleher on top of
Maloney in the street and saw him knee
him
Albert w. Cummings, of tho Morning
News testified as he was passing the Della.
ware House he heard commo,ion in the
Delaware House. He looked In the win
dow ind us the police entered tho noise
was greater. He saw Maloney shoot out
the door. Then he saw Kelleher pound
ing Malonoy. He followed them to the
station and said to the sergeant that lie
had used the man outrngcously. The
blood WAS flowing from his eye. In his
opinion the sergeant could have taken tie
man without using such force
The defense rested and kelleher was re-
called, He deposcd that Mnoney said TO
him he would lick him If 1t cost him his
life
Captain Chambers corroboruted Kelle-
her. The court reviewed the evidence and
in reference to the points Of law raised
said there were some humorous decisions.
The testimony was for tho defense that dis.
orderly conduct took place in tho Delaware
House and the SER eant was entitled to
make the arrest and fine of $40 and costs
was imposed
Maloncy was locked up and security
viii DO furnished and the case certoruriel
to test tho jurisdiction of the court.
Delaware Soldiers.
Camp Meade. Middletown, Pa, Oct. 10.
Permission was teegraphed General Gra-
ham from the War Department to day to
keep his troops ut Camp Meade until all
danger from yellow fever m the south has
been dissipated by heavy frosts
This means apOstponement o(the move.
ment South until early in November.
General Graham his directed five gener.
al officers to start south O.moriow 10 cs-
tablish division and brigade headquarters.
Each officer Will DO accompanied by at
least three member, of his staff.
General Young goes to Auguta to ostap,
lish headquarters for tho First and Third
Brigades Of lhe First Division, in which Is
tho First Maryland; General Oatcs to
Summervllle. S, c., for the Second Bril-,
gade; General Davis to Grsenville :. u.
for tho First Brigade OF ho Second Divls'
ion General Cole to Columbia, ;. u, lorA
the Third Brigade, Second Division, TO
which the First Delaware Is attached. ana
Colonel Corby to Spartansburg, s. o.,
for the Second Brigade. Second Division.
An OF der was given today for division
commanders 10 select one battalion from
eauh regiment, In addition to the First
Delaware Battalion 70? the Philadelphia
peace jubilee parade
Private Powell of the First Delaware
Regiment has been discharged from st,
Glare Inarmary, Harrisburg.
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Death OF Mrs Williams.