Every evening, Wilmington daily commercial., 1906-03-15
ACCUSED OF ASSAULT.
Proprietor and Bartender Of a Front Street
Saloon Before the Court

Proprietor and Bartender Of a Front Street
Saloon Before the Court.
Edward Fahey, proprietor Of the saloon
No. IL East Front street, and his bar
tender. John Mulrooney, were arraigned
in the Municipal Court, this morning,
on the charge of committing an assault
and battery on Charles Westbrook a
travelling salesman, residing in Philadel-
pha, last night, in Fahey's saloon. Fahey
and Mulrooney were represented by Howell
S. England. who asked that the case be
continued until next Monday morning,
a witness for the accused being absent.
Mr.. England said the witness was Robert
Burke. Assistant City Solicitor Rice
objected TO the ease being continued,
saving that there has been much disorder
going on in Faheys saloon recently and
that is was about time that it was stopped
Deputy Judge Garrett refused to grant
the continuance.
Westbrook testified that last night he
went into Fahey's saloon and had small
glass of beer. after which he and Mr.. Fahey
and the bartender Mulrooney threw dice
and they got into an argument. Null
rooney came from behind the bar, he
alleged. and struck him in the face, knock
ing him down. Other men, who were
in the saloon. then started to beat and
kick him. he said while he was down.
Witness said he did not see Mr.. Fahey
strike him, but that no was urging the
other men on. Westbrook's face was
bruised.
Edward Young. colorcd, testified that
| Mulrunnev and fahey both struck West
| brook and then about five other men
jumped in and struck Mestbrook also
/ Witness said the reason Westbrook was
I assaulted was because he called Null
rooney an improper name.
Fahev testified that he did not see the
start of the fight because he was in the
back room getting ready to 60 to bed
! lie said somebody called him into the
saloon and when he went in Mulrooney
was lying on the floor with Westbrook OF
top Of him, choking him. He said he
pulled WesthroolS off and handing hin
his satchel took him to the door and put
him out.
Mulrooney testified that Westbrook
called him an improper name and Robert
Burke, the absent witness, struck West
brook in the face; then seeing that there
was going to bea fight, be went out from
back of the bar to part the men, bul
Westbrook grabbed him and threw hin
down and then ehoked him into insensi
bility. He said after that he did nof
know just what happened.
Judge Garrett said that, apparently
because Westbrool5 called Mulrooney al
improper name he was beaten and thrown
out. He said that Fahey was granted
license to sell liquor as an accommodation
to the public, and that if a person wen
into his saloon and raised a disturbance
he and the bartender could have put hin
out without beating him the way West
brook was beaten. Fahey was fined 50
and Mulrooney IS.
Elzie Briscoe, colored, who is employe,
at Fahey's saloon, was charged with steal
ing a bottle of wine from Westbrook. Tn
latter testified that while in Fahey
saloon he purchased a bottle Of win
and when he sat it on the bar someon
took It. Edward Young, colored, testi
fed that Briscoe took the bottle of wine
Fahey and Mulrooney testified tina
Westbrook gave Briscoe the bottle of win
for singing and dancing for him. The cour
dismissed Briscoe
David Coifman and Samuel Roderme
Young men, charged with violating th
age OF consent law, will have a hearin
] next Tuesday morning. The accused az
represented by Howell s. England. Th
prosecuting witness is Effel johnson, age
is years, who has been committed - th
Delaware Industrial School for Girls o
the charge OF being incorrigible.
I Daniel Dutton, Elmer Evans and job
Thomas, small colored boys, charged wit
: the larceny OF some leather were dii
missed, but the charge was held up againi
I Them