Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-02-24
HEAVY FINES.
Taylor. Mupdnrf and Hearn Found Guilty
of Assault md Harrison Discharged.

InytoTs huUunrt ouhh1
of Assault md Harrison Discharged.
In the city court ON Monday, Frank
L. MunGurf, Howard Il. Taylor, Lee
Hearn and Howard Harriaon were ar.
raigned on tho charge of assaulting s.
lainea Butler aud Ralnh Fisher at
Eighth and Windsor streets on the
night Of February 18TH. Both Messrs.
Butler and Fisher we're in the court
room.
Drs. Draper and Irvine NJ. Finn ties.
titled concerning tho wounds received
by Mr.. Butler in the assault. Neither |
physician thought the wounds were
serious. Dr. Finn thought tho wounds
must have boen caused by fall, and in
his opinion they could not have boon
caused by blackjack.
Muasrs Fisher and Butler described
the assault, thoir stories, in the main
agreeIng With what has already been
published in thBse columns.
MrH. Emma Anderson, who, with bar
husband, William w. Anderson, was in
tho vicinity at tho time, stated that
Hhe saw several young men following
| Mr.. Fisher, heard some worda passed,
cav Fisher knocked down, and gem
erul assault followed. She was cor
roborHted by her husband.
| Sergeant Black and Officers Payne
and Hutton testified to making the
arrest. Officer Hutton having hear,i
the young men talking abou. the fight.
| Eliza Davis and Oliver Hazard, both
colured. saw the assault.
Howard Harrison. ono OF the accused
| men, said that at midnight on February
| 18th Ee was at tho Hotel Jennings
Early in thu evening hs hnd been at
| st. Pattick'a Church. lie saw MIR,
Fisher in tho barroom mt tho Hotel
Jennings, hut as far rs no knew, no
words had passed in tho hotel. After
Leaving the hotal all went out Eighth
street, Fisher heing ahead OF the others
While going out Eighth street. Harrison
said, they woro TALKING about hght,
hut did rot refer 10 Fisher. llearn and
Taylor were back Of Harrison and Nun.
iorf Witness said nothing to Fisher,
hut cav Hearn and Fisner lighting.
lie did not know who ntruck the first
blow. He stated that Fisher had asked
tho others II they ware hunting trouble.
lilo alleged that he saw Fisher hit
TRylnr, and Taylor knock }iearn IN the
street. Then there was a general tight
Harrison said no did not STRIFE or
Kick Anybody. He accused Fisher OF
forcing the fight. lie alleged that when
Mr.. Butlor came to Fishers assistance
Taylor struck him.
IIearr also took the stand. He cor
roborated Harrison in the main. lie
alleged that Fisher useu abusive Ian
guage toward him and struck him and lie
retaliated.
Taylor gave similar testimony. lie
admitted having struck Mr.. l|utler, but
said Mr.. Eutler hail caught hold of him.
Munlorf testified In the same strain,
corroborating tho others. lie. like the
others. placed the blame on Fisher.
William T. Lyman, representing thu
prisoners. pleaded in their behalf. He
: coutonded that hia clients did not pro
woke the quarrel ana were not RESPONSE
! BILE for IL. Mr.. Lyman asksd that thu
case be dismissed.
Assistant City Solicitor Cahoou, witt
) conducted the the prosecution, though
. a grave offence bad beeu committed.
? Judge Ball asked why Fisher wa
: afraid of bodily harm after he hal
reached Mr.. Buffers house, where b
was stopping.
Mr.. Cahoon said be did not content
that Fisher WAS justified in croEsin
/. the street, as had been testified, hut b
v emphasized the fact that the youn
"a men lHu cOHlniJIsu tuo db5uhit -
Il laid particular stress upon the nssaul
a which had been committed upon Nj
Butler, who, he held. had DO part j
ia the affair at all. and he is entitled
n all the protection the State OF Della
h ware can throw around him. Neitht
in did be think the assault on Fisher wa
IN warranted.
"a Judge Ball reviewed the evidence Il
s. said he believed Fisher had invited tt
ir attack. lie said, however, that be "a
IA no justification for the assault upo
~ Mr.. Butler. As there was some doul
T. concerning the nature of MIR. Butler
n. wounds, the judge said it would
ar necessary to give the accused the hun
rs fit OF the doubt. In Harrison'H cas-
re- the Judge hsld, there was an exception
ne as it was not shown that he had TAXI
lv part in the assault.
y Ilearn. Taylor and Mundorf we're a
judged guilty OF aasaulting Fisher al
fined S25 each and required to pay Il
y, costa.
rs Taylor was also found guilty OF a
CO saulting MIR. Butler and was fined
by additional $50. None of the others we
at found guilty of assaulting Mr.. Butte
a Harrison was discharged.
Mt Other casas wers dipsosed OF as II
lid lowe: William Carswell. drunk. 80 day
to Jeremiah Chester and Robert Rangdo
no drunk, 81 fine each.
ad ---- ----------------
ii TINE FIRE UEPARTMENT,