Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-05-25

BRAbEs.7or SCR.
Judge Ball Hears both sides OF the Con
troyersy and Disini-ses the Case.


troversy and Dis,nisses the Case.
In the City Court Monday night Judge
Ball heard both sides in the suit OF
John Braden against Neal, Eugene and
James Toy and James Toy, Jr.., IN
which Braden alleged that. the Toys
assaulted him at Rising Sun last Satur-
day evening. After hearing tho evil
dence, the Judge dismissed the case,
Mr.. Braden, the first witness, SAID
tho Toys had been trying to prevent
him from having a way to get IN and
out OF his place. He alleged that Neal
Toy approached him Saturday after
noon and asked him who gave him
authority to take down a wire fence
between the two properties, whereupon
he replied that he gave himself
authority to take it down. He said
when he made this reply Toy said his
mission that afternoon was to XIII MN
(Braden) and that others would soon
be there to help him. lie alleged that
when he was trying to drive his COW
out Of the lot Neal Toy tried to prevent
him from doing so. He succeeded,
however, when, he alleged, Toy grabbed
him by the throat and he grabbed Toy
Presently he saw two more OF the Toys
coming toward him. He got out to the
Kennett turnpike by tho time the others
arrived, and he alleged that all in the
party assaulted him, some using their
hands and others their feet. He said
Eugene Toy was the first man TO strike
him and James Toy struck him next.
When he saw the Toys running toward
him James Toy, Jr., had something
which looked like an ak. While tho
| others were striking him, he said,
Neal Toy called out: "Kill him: kick
him, and I'll pay for it all! !" Witness
said he drew the Toys out into the
road, as when he was threatened with
death he would rather be killed on
the public road than on private
property.
Mrs. Ellen Braden, wife of the first
witness, sad she heard Neal Toy say to
William Phillips, "I'll fix him" and
she said that afterward she heard three
Of them talking, and one of them said,
Now is our time" She spoke to
them, telling them not 10 dlsarraDge
things around the, yard, and she said
one of them remarked, We'll make
short work of him. She alleged that
she saw James Toy, Jr., pick up an
AK and run toward her husband. She
said she followed and when she reached
the scene two of them caught hold of
her and tried to keep her away.
James Billingsiey said he saw James
Toy kick Braden in the head.
John Carney, who was driving along
the road, saw a crowd Of people, but
he did not know them at the time
| William Phillips saw Neal Toy and
Braden in position as il they were
catching hold of each other.
For the defence, Neal Toy said al
the time of the trouble his right hand
was in such condition from blood
poisoning that he could not use it.
About $50 O'Clock, he said, he saw
Braden cutting wire fence on the
property of his brother. James. He
asked Braden what he was cutting the
fence for and threatened to take leen
action against Braden for cutting tn,
fence. He denied threatening TO xii
Braden and alleged that Braden strucl
him first and that his brother James
seeing Braden assault him, ran to hi
assistance. Witness said Braden anC
James Toy then had fight. Mrs
Braden, he said, ran at them with ;
stone and he knocked the stono out o
her hand and tried to keep her from
getting inside the fence, after which
she picked up lump of earth ant
struck James Toy in the back of thu
head. Witness said nobody strucl
Braden but James Toy.
James Toy, Jr., corroborated tn
preceding witness, his uncle. He salt
Mrs. Braden tried to strike James To
with tin can filed with mud ant
struck him twitnessl on the ear whe
he attempted TO stop her from throw
ing the can. He admitted having Al
ak. He said he cot it out Of tn
/ stable before the fight started an
, dropped it 30 feet from where the figh
) took place. He said portion @
Braden's shed was on the Toy propert
and the ak was to be used in cuttin
l portion of the shed off.
Other witnesses gave similar testi
. mony.