Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-04-04
ASSAULT CHARGED.

James G. Rutan Accuses Patrick Fahey of
Using VIolehce Toward Him.
Street md Sewer Director Patrick Fahey
was charged in the Municipal Court yestereay
murninH, before Judge ChuIehman, with
committing nm assault and battery upon
DANES G. Ruthn on December 9Th, lHGO.
Alter herring witnesses, whose testimony
was conflicting, the Judge imposed fine of
$25.
MIR. Rutan testified that on December 9Th,
last. at Mr.. Fnhey's office, Third and Con-
nell streets, Mir. Fahey, after ordering him
out of the Office, showed ana kicked him
out. causing him to fall down the steps.
Witness alleged that the tr uble grew out of
a controversy over work, and when he had
been ordered out of the office he tried to get
out of the door, but was unable to open it,
not understanding the lock, whereupon Mr..
Fancy volunteered to open it Tor HIM and did
SO land the alleged assault followed. He
said after falling on the pavement he was
unable to get up. mt succeeded in crawling
around the corner. where he found Dr. Cork
rams carriage and the doctor placed him
In the carriage and took him home and at
ended him for two mouths, during which
period he was confined to the house. He
said when the doctor made ar examination
he found that two ribs were broken ana
witness WIS otherwise injured. In reply to
Mi. Fahey, witness said he had employed
Attorney Harry Emmons to enter a damage
suit against Mr.. Eahey in the Superior
Court, as result of the alleged assault. The
warrant in the present ease was sworn out
on Monday.
Edward Fahey. son of Director Fahey,
said on the day in question he saw mHn
there evidently looking for employment and
heard his father tell one Of the men TO put
the mau to work, but If he was not Salts
factory not to keep him. The man, who
was stranger to him, replied that he would
T.r Eah tbo Mr.
Fahey orderded him out and as he was slow
in complying with the order Mr.. Fahey
caught him by the shoulder and showed
him out with his foot. Witness denied that
his father kicked MIR Rutan and said he did
not push him hard enough to make him fall
down the steps.
Edward Martin, one of Mr.. Fahey's en-
ployes. said there is II combination lock on
The office door. but tile latch is kept up dur
ing the day and the door can be opened
readily.
John G. Kelley, who is also an employe of
Mr.. Fahey's, said Mr.. Rutan had applied
for wor. and Mr.. Fahey told him that he
could give him work at Sparrows Point,
Md, and atterward told witness to put him
TO work here, but not to keep him If he was
not satisfactory. MIR, RutHn, be alleged,
then said he would not work for Mr.. Fahey,
and the latter ordered him out of the office
ard ut the door raised him little with his
IOubs HitHcoc eult to'h phu
reason he offered to give MIR. Rutan work
was because he had bothered him so much.
Witness said Mr.. Rutan did not fail. He
alleged that when Mr.. Rutan was ordered
out he said he would go when he got ready,
and after he was out he said to MIR. Fahey:
aI'll make you pay for this.'i Witness did
not consider that unnecessary force was used.
MIR. Rutan took the stand again and ex-
planned that when MIR. Fahey told him he
could give him work at Sparrows Point, be
said he could not go there on account of his
wifes illness, and wanted inside work,
whereupon MIR. Fancy told him he did not
believe he could do anything. This. witness
said. caused him TO say he did not wait the
work and he again detailed what followed
his being ordered out by Mr.. Fahey, which
differed from tho statements of some Of the
otner witnesses.
Harry Emmons. Mr.. Rutan's attorney,
was in court. The damage suit In the upper
court Inns not come to trial.