Evening journal., 1901-08-06
Court Reserved Decision in
the Case
SMITH BOTHERED WORKMEN
Boss Of StOnCmaSOnS Furnishes Ingur-
ancC Agen.. Whom ae Alleges
lntcriCreS With Work

For over an hour this morning the
Municipal Court was kept busy hear
ing testimony in the case Of George
w. Phillips, charged with assault and
battery on Thomas j. Smith, insur-
ance agent, and brother to Artemas
and Martin f. Smith. Judge Town
send reserved his decision in the case
until next Thursday.
The prosecution opened its case by
putting Mr.. Smith on the stand He
said, in part. that he was soliciting
insurance on June II at Hutton and
Race streets, when he was approached
by Mr. Phillips, who struck him sew
eral times, breaking his nose, dislo-
eating his jaw and otherwise iniuring
him. Mr.. Smith denied that he was
interfering with Mr. Phillips OF his
wOrkmen. and that he had not been
there ten minutes talking with John
Massey, colored, while Massey
was waiting the return OF
cart, which he was loading with stone.
Mr.. Phillips ordered him away, and
he said Mr.. Phillips struck him in the
face after which he became uncon-
scious. Numerous were the witnesses
who corroborated Mr.. Smiths testi-
mony.
For the defense. Walter II. Hayes
called Mr.. Phillips, who told his side
Of the story.
Il found the sixteen masons en-
ployed by me were out OF stone" said
Mr. Phillips, "and I walked around to
see why the stone was not coming like
II had BEEN found this man talking
to Nickerson and Massey about insur-
! ha Of oh
standing there ] told Mr.. Smith that
he certainly had a nerve to talk in
surance to my men when | needed
their services and paid them for the
same. I told him to let them alone,
and leave there. but he refused, and in
the argument which followed / saw
that he was getting ready to hit me.
SO ] slapped him I'm the face, and he
fell down. left him, but, glancing
back, / saw him I'm the act of throw
ing a stone at me- Quickly stepping
back / struck him several quick blows
and left him lying there"
This story was corroborated by the
witnesses who followed after which
John B. Johnson. Philemma Chandler,
H. L. Rice. Patrick Fahey and elijah
Walker gave testimony that Mr.. Phil
lips bore a good reputation in the COM
lmmity I'm which he resides.
Mr. Hayes brought out the fact that
Mr. Smith intended TO make q civil
suit on the case.
WAS AMUSING CASE.
It was amusing to hear the case OF
Mary Hutchinson, colored, charged
with assault and battery on Esther
Brown, at Fifth and Dupont streets.
on last Wednesday morning. When ar
raigned the prisoner said she was
guilty OF taking her fist and beating
Esther Brown"
Esther Brown told tho court that
Mary Hutchinson hit her in the head
| with a brick and bit her finger.
While the cross examination was in
progress, II looked as If the trouble
was going to break out afresh. Judge
lTownsend prevented a repetition OF the
trouble, however, by imposing a fine or
81 and costs upon Mary.
Edward johnson was fined So and
costs for acting disorderly.
For assaulting Frank Day yesterday
lCharles Windor was fined So and costs.
Judge Townsend gave James Walker
two hours TO leave the city. Walker
was liberated from New Castle jail
Yesterday. and was rearrested last
evening for vagrancy.
Clarence Schumar, who was convict
led on the charge of assaulting Bernard
! o ToOle. was fined S. and costs.
Harry Shaw. Timothy Noonan,
Frank Stats, Charles Gutenberg and
William Hopes were fined 81 and
costs each for acting disorderly at
Seventh and Pine streets.
Michael Joyce was fined s. and costs
for assault and battery on Mrs.
Detrika.