The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-02-21
ON TRIAL FOR ASSAULT.


municipal Court.
S andiug room was at premium in the
Municipal Court room this morning. The
eau; for such large attendance was that
the a5sailGnts OF Ttltph Fisher OF Phlu-
deiphia, and his fl!hor-in-law, Samuel j.
Butler, were given hearing on the charge
Oh assault and battery. Deputy City So
licitor Cahoon locked after tho prosecution
while VIM. L Lyman represented tho de-
fendants, Frank u Munlori, howard l..
Taylor, Lo. Hearn aud Howard Harrison.
City solicitor Conrad was also present.
DE. Draper testified that he attended
BuUer for II cut or the head above tho ear
and other general knOCkabOuJ injuries.
Fishers eye was in bad condition.
BuVl,r is badly shaken up but is out of
danger. Ralph w. Fisher to titled that on
saturday night ono week ago he saw the
defendant west of Market street on
Eighth. He wore Il high hat and tho four
men Used prolane Language and ridiculed
his dress. When he reached Jefferson
street he was struck three blows. Then
blows poured in from all directions. After
he was knocked down he was kicked Mr..
Butler arrived on tho scene and they
Stepped back. Ho wai knocked down
again and kicked. Hearn in his opinion
was the fist to strike him. ALL of the
young meg asaauiLeu Hlln~
In ctoss examination he stated he did
not see tho defcnuants at the jennings
House. He used no profane language. He
did not strike any OF them until no was
struck three times.
Samuel j. Mitchell testified he looked
out the window and saw Fisher cross tho
street Then he heard loud noise and
upon looking out the window again saw
the four young men on top Of Fisher In the
a l.,
and coat. He saw him assaulted again and
then one of the men knocked him down.
He knew no more. He could not tell who
struck him or what he was struck with
He said nothing to the young men aud
did NOS strike blow. -
In addition to the cut on his head no -,
injured about the face and on tho s!de and
leg He saw Fisher strike at one of tho
young mon. He could not idanLify tho
young men.
Mrs. EmmaB. Anderson deposed that on
the night of the assault in company with
her husband she went ont Eighth street.
She saw Fisher al Eighth and Market and
later the four young mon. At Eighth and
Jefferson Fisher crossed tho street and
heard him say: "What do you want with
me-" are You looking Ir,uble?
Shu then saw the young men strike
Fisher. 1t appeared that all struck Fish
VI. tCAC DIV huDthcu uOW'l anu
heard the kicks. She heard Fisher say al
ter he was down "Doys, this isn't fair.
you have the best of mo" After he got up
be said, young men You are TOO much for
me l can lick anyone OF you single.
han led"
William ". Anderson corroborated the
evidence given BY his wife. He heard
them talking all the way out but did not
undors and their conversation. When he
la II aI,np 10 uI his L,t in bu,
and paper in the other He saw Butler
cross he street ana after being knocked
down heard the kicks which he received
AT his junCturc OF the case Sergeant
Black and officers Payne and Hutton tes-
titled to making tho arrest and the latter
officer heard tho young men speak about
the fight.
Eliza Davis, colored, saw the row. When
Mr. Butler, took Mr.. Fishers coat the for
iner was knocked down. She could not say
who struck Butler.
Oliver Hazard, colorad, saw the row. Saw
Mr. Butler fall and then the young men
kick him Two other colored men picked
mp Mr.. Butler and carried him into his
house.
The State here rested For the defense
DR.. l. NJ Finn testified to finding the cut
Oh Mr.. Buffers head and that he was suf.
fering from shock. He stitched tho cut.
thought it was caused by falling on some.
thing. 1t was impossible to inilcS such
wound with o black jack 1t might have
b9an done by the blow Of Il stick. He con
sidered he was ruck in tho eye and when
he fell his head struck the Car track or u
cohble stone.
Mr.. Cahoon: Doctor, which is tho hard.
est black jlCk or railroad irUn?'
DIR. Finn railroad iron"
tIEnn if IA broad iron Ia h N rlhr thuu n
blackjack, how was ityou said a blackja
would fracture the skull?"
1T is my theory and did not say so.'
"Are there nO5 many heads cut by u
blackjack without the skull being fractlr-
od?"
Yes"
Then if man is struck in the eye and
lands on tho top of a piec1 Of railroad iron
with his fall force and the speed at which
he is going, do you say 1t would inlet
lighter blow than black jack in a mans
hand"
Il do"
Mir. Cahoon-That is all Doctor" Harri.
son took the stand and testified tina be
and MUndOrf were c)nvefsing all tho way
out Eighth straot about fight that took
place at Hotel jennings II few nights be.
fore that. He did not speak to Fisher lie
could not toll whcthe. Henrn or Fisher
ruch the first blow A general mix up
took place atterward Taylor knocked
him in the gutter. Fisher said;
''lf had not been drunk this would not
have taken place" They lifted him up.
Batter came out and Fisher savo him his
uvegcoat. Butler caught Taylor and he
turned around ana knocked Butler down.
Witness did not strike either Fisher or
Butler. Fisher said he could lick any Of
them one ut time. He denied that Fisher
was klc,cl in his presence cssss.s
Hcarn testified Fisher curSCl him and
struck at witness twice and he returned
tho compliment. Taylor and Fish err had
the hOaI iS next and both went down. He
| C0rrOJCEatcl Harrison in re .ard TO the
! balance Of the affair Harrison did not
| strike anyone.
sIaylor deposel to similar facts a. the
| two proceeding witnesses. No one spoke
| tc Fisher. Witness was grabbed by But.
| Ter and he turned around and struck him.
No one struck Butler after he was
knocked down.
Mundorf gave similar testimony. The
reason he did not see anything Of tho row
was he was talking tOn man who put his
head out of his window.
Mr. Lyman regretted the occurrence and
the publicity which had to be given to tbs
| case.
Mr.. Cahocn replied on behalf of tho
State.
The court asked how could Fisher bn in
fear of bodily harm when ho reached tho
house?
Mr.. Cnhoon did not claim Fisher was
Justified in crossing tho street but he did
MAINTAIN the young men committed
assault and battery on those two men.
The court reviewed tho testimony and
said that Fisher in II way invited the at
tack. His actions 90 to mitigating
the punishment in this case. He know
thoie were four men and in going across
the street brought on himself what he re-
ceived. The assault on Mr. Butler was en-
tlTeiy unprovOkcd. lilo came out there
peacefully to.protect his SON in-lnw.
Upon the charge OF assault: on Fisher thu
testimony was that Harrison did not take
part in that assault. The defendants wer,
found guilty so far as ali except Har risol
ana fine OF SO and costs imposed.
On the charge of assault on Butler Tay
lor was fined $50 Harrison was dis
charged.
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