The sun., 1901-04-04
PATRICK FAHEY APPEALS.
Will Take Assault Case to the
Upper Court.
James G. Rutan Says Fahey Kicked
Him and Caused Him to
Break Two Ribs.

In Ciiy Court yesterday morning
Street and Sewer Director Patrick
itahey was fined $25 and costs on the
.harge Of assault and battery upon
James G. ltutan.
Later in the day Mr.. Fahey gave Sc
llrity III the Office Of prothonotary
Spcakmnn and will carry the case to the
superior Court ON il writ Of Certiorari.
MIR. iiutan testified in City Court on
December 9Th, last, at Mr.. Fahey's
,flice. Third and Connell streets, Mr..
rahey, after ordering him out of the
,liice. showed aud kicked him out, caus-
sng him to fall down the steps. Witness
llleged that the trouble grew out Of
, controversy over work, and when he
lad been ordered out of the Office he
tIied 70 get out Of the door, but was ull-
ibe to open it, not understanding the
ock, whereupon Mr.. Fahey volunteered
o open il for him and did 50 and the
tilaged assault followed.
He said after falling on the pavement
ie was unable TO get up, but succeeded
ii crawling around the corner, where he
ound Dr. GDrkran's carriage, and the
ioctor placed him III the carriage and
ook him home and attended him for
wo months, during which period he was
ontned TO the house. He said when
he doctor made an examination he
ound that two ribs were broken and
Witness was otherwise injured.
In reply TO Mr.. Fahey, witness said
le had employed Attorney Harry Em-
mons TO enter Il damage suit against
sIr. Fahey in the Superior Court, as u
'esult Of the alleged assault
Edward Fahey. son of Director Fahey,
aid on the day i'll question he saw a
nan there evidently looking for EN-
oyment and heard his father tell one of
he men to put the man TO work, but if
ie WAS not satisfactory not to keep him.
fhe man, who was a stranger to him,
epicd that he would not work for Mr.
fahey, whereupon Mr.. Fahey ordered
i'm ont and as he was slow in comply
ng with the order Mr. Fnhey caught
i'm hv the shoulder and showed him out
With his foot Witness denied that his
lthcl kicked Mr.. Iutan and said he did
lot push him hard enough to make him
all down the steps.
John q. Kelley, an enploye Of Mr..
'ihey's said Mr.. Rutan had applied
or work and Mr.. Fahey told him that
~ could give him work at Sparrows
,oint. Md, and afterwards told witness
o put him to work here. but not to Keep
lin If he was not satisfactory. Mr..
sutan. he alleged, then said he would not
work. for Mr.. Fahcy and the latter order
Il him out of the Office and at the door
uised him little with his foot.
Witness said Mr. INahey told him the
-,
| vas because he had bothered him so
much. Witness said Mr., Rutan did not
| all. lie alleged that when Mr.. Rutan
| vas ordered ont he said he would &C
| them he got ready, and after he was
mt he said to Mr.. Fahey: I'll make
| on pay for this"
| Mr.. Rutan took the stand again and
Nplained that when Mr.. Fahey told
| sim he could give him no work al
| Sparrows Point, he said he could not &C
here on account OF his wife's illness
| md wanted inside work, whercupon Mr.
| iFabey told him he did not believe he
ould do anything. This witness said
| alised him to say he did not want the
| york. and he again detailed what follow.
| d, his being ordered ont by Mr., Fahey
| which differed from the statements OF
ONE of the other witnesses.
'fhc court said that there were tive
acts in this case. one was that the as
,ault had been committed, and that two
lbs were broken and that shows the cX
cnt Of the assault 1t is not necessary
'or Il man to break another mans rib,
il order to get him out of his Office.
After the adjournment of court Harr!
| Fn,nons ,.nlinspI fnr Butnn Snil. ..Afv
tahey, did not wish 10 see You mnlctet
il fine and costs here but he wanted i
lone"