Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-10-20
.. .MALONEY FINED $40.
Failed to Prove Thar He Was Not Guilty Of
Y. Disorderly Conduct.

Failed TO Prove Thar He Was Not Guilty Of
Disorderly Conduct.
The case against Samuel j. Maloney,
charged with disorderly conduct, which
was postponed from Friday morning,
was called In the Municipal Court on
Monday. Maloney was represented by
William Michael Byrne, who entered
plea questioning the jurisdiction Of
the court, which, however, was over
ruled.
House Sergeant Kelleher. who made
the arrest, said he went to the Della
ware House.about s. 80 O'Clock Friday
morning, in response to a call for officers
and at the request of the proprietor,
Robert McCadden, arrested Maloney,
who, Mr.. McCadden said, had caused
trouble. The sergeant said there was
o scuifle in the place at the time. The
prisoner, Sergeant Kelleher said, re-
sisted and assaulted him and he found
it necessary to throw the prisoner
down and choke him. The sergeant
also said that after reaching the police
station the prisoner assaulted him
again and in order TO protect himself
he threw the prisoner down and sub
dued him, after which bewas searched
and locked up.
In, response to questions asked by
Mr.. Byrne, Sergeant Kelleher denied
kicking the prisoner or striking him
in the back of the head or throwing
him out the door Of the Delaware
House. The sergeant said he was de-
Tending himself.
Proprietor Robert McCadden of the
hotel said three men, including the de-
PENDANT, entered the hotel and they
had not been there long before he saw
David Cook lying on the floor. There
had been no quarrel, MS far as he knew,
but he presumed MIR. Cook had been
knocked down. Mr. McCadden tried
to preserve order and while exerting
himself in this direction and while the
bar tender was trying to quell the
trouble Sergeant Kelleher and the other
officers came in. Mr.. McCadden said
at his request Sergeant Kelleher ar
rested Maloney, who assaulted kelleher
as they were going out the door. Wit
ness did not sec the sergeant kick the
prisoner, but saw him choke him. In
regard to the trouble in the bar room,
Mr.. McCadden said several in the
crowd assaulted the bar tender.
David Cook. who was in the hotel at
the time, talking to John Crumlish,
said he was assaulted without provoca-
tion by Maloney, who struck him twice.
He said that when Maloney entered
the bar room, Maloney remarked
"Who are you looking att" Some
man Cook alleged was his reply, and
said Maloney struck him Immediately.
George Loiland, the bar tender, cor
roboratea what Cook said, and added
that he was assaulted and saw Ma
lonoy assault Sergeant Kelleher. Wit
ness said he succeeded in partially
checking the men with blackjack.
He alleged that Maoney remarked to
him that no was looking for fight, and
added that the cooler was knocked off
tho bar and several. glasses were
broken.
James O'Neill, night fireman at the
police station, said that while en-
deavoring to protect Sergeant Kelleher,
he was assaulted. He saw the prisoner
assault Kelleher and Kellehor strike
him, but did not sec Kelleher kick the
prisoner. He saw the prisoner catch
hold of Sergeant kelleher in the police
station and saw Kelleher throw the
prisoner down, but said Keleher did
not kick or step on the prisoner.
Police Captain Chambers, who was
in the station at the time, said the
prisoner assaulted Sergeant Kelleher
several times in, the police station,
after which the sergeant threw him
down. ~
Turnkey Louis Hammerer said he
saw Maloney acting disorderly, heard
Mr.. McCadden tell Sergeant Kelleher
to arrest him and also heard another
man there by the name OF MeGarvey,
FOL Maln fa frt 30 II lak
| saying: you can whip him." Wit
ness also said heard Maloney say he
| wanted to fight. He did not see any
blows struck, but felt one
| John Crumlish, who was in the Della
ware House at tho time, gave similar
testimony to that given by other wit
nesseS
James Fahey, Albert w. Cummins
and James McGarvey also testified
concerning the affair. Fahey said he
saw Sergeant Kelleher push the pris-
oner out into the street and kick him.
the distance indicated being at least &c
feet Mr.. Cummins heard tho dis.
turbance, saw the prisoner hustled Out
of the door and saw Kelleher holding
| him down in the street. McGarvey
said he saw no blows struck in the bal
room. He alleged that an insulting re-
mark had been made toward Maloney.
Judge Ball fined Maloney $40 and re
| CURED him to pay the costs of the case.
In imposing the penalty the Judge
stated that the officer had a perfect
right to make the arrest, even though
he had no warrant, if breach of the
peace occurred in his presence.
| Judging from what occurred before
the hearing, the case may BIO taken t.
the upper court. Before the trial, Mr..
Byrne, Maloney's counsel, approached
Sergeant Kelleher and stated that Il
the case was not dismissed it would, b.
taken to higher court. Tho sergeant
replied to the effect that tho matter
was in the hands OF the chief of polict
and he (Kelleher) had nothing what
ever to do with the case in the direc
ton of pushing it or having it dis
missed. Kelleher apprisod Chief Dollar
of the conversation, but the latter coulc
see nothing that would warrant him il
asking tha+s the case be dismissed.
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