Evening journal., 1908-05-21
WALK TO WIN"
CARDCASE HEARD
6contInusa prom Flrst Passl

that under the same Interpretation as
that under which Marx was arrested,
a man could be arrested for breach of
the peace for wearing a political badge.
Maybe he could" said the Judge.
He would do so at his peril" COM
mented Mr. Ball.
This court does not think that under
ordinary conditions or times the wear
ing Of a card by a man is disorderlg
conduct remarked Judge Cochran
The court wants 70 be satisfied wheth-
er at critical time, with men brought
here from Chester, when only it is needed
TO strike a match to start the flame
the wearing Of these cards would be in
citing to strife. In ordinary times It
would not be disorderly conduct, but In
critical times ! don't know but what
It might be inciting to riot"
DO you mean," asked Mr. Ball, that
the wearing of card like that would
cause any man 10 come out and com
NIT an assault or incite to riot. 1t must
mean that TO sustain such a charge"
you're taking the wrong side of it,
said Judge Cochran. IT might mean
that somebody In sympthy with these
men might so out and pull some cit
zen from a car"
There had been no attempt TO pun
people Off cars" said Mr.. Ball, "or to
Interfere with traffic on cars"
You're wrong" declared Judge Cooh
ran i know Of an attempt like that
myself"
Marx Testifies.
Marx then was called to the stand in
his own behalf. He says he lives at
NO 1927 West Third stret. Is % years
old, and was born and raised In VIII
mington He is a machinist by oceu-
patton, but at present out Of work. "I
had nothing TO do with any crowd or
disorderly set OF men on Monday morn
Ing" he said. He came around Fifth
and Market streets and two men, whom
he designated and who appeared as
witnesses later. gave him the Wen
Walk TO Win" card. He said CHEZ
Black approached him and told him
he had better take the card out Of
his hat.
why, what's the matter" Marx said
ne asked He testified that the chief
replied:
C. d. hickory headed rubes like
sou ouBht 70 be sent down on the farm"
Marx said Chief Black grabbed him
by the arm and arrested him Mary
said he wasn't saying anything to any-
body, that he had nothing 10 do with
the City Railway Company. and wa
walking peaeably and alone and say
ing nothing TO anybody. In response
TO Mr. Satterthwaite he said the only
objection he made was the query, WHY.
what's the matter" when Chief Black
told him to remove the card
How Marx Was Arrested.
Mahlon Homer a letter carrier, who
was passing at the time of the arrest,
was the next witness called. He said
Marx was alone, disturbing no one,
paying attention TO no one, 1T sur
prised me 20 see Chief Black come
down the street" said Homer Il heard
him say take the card out OF the hat
Marx refused TO do a. The chief grab
bed him and took him TO the hall"
Was II done instantly"
I th'ak he told him a couple Of
times to remove the card"
How did he arrest him"
He grabbed him rather roughly"
In cross-eXamination by Mr.. Sat
terthwaite. Mr.. Horner said hs heard
the chief tell Marx to remove the card.
but didn't hear the rest Of the CONVEX
satlon.
Arthur R. Moulten, who said he was
m the employ Of the Wilmington city
Railway Company up to last week.
said he was standing nearby and Marx
was alone. There was no excitement
or disorder I'm the neighborhoc. he said.
Frank II. Wilson, another former en-
ploye Of the railway company. who said
he was discharged a week ago. said
he was standing nearby and everything
was peacable and quiet in the neigh
borhood. August Ackerman gave SINH
lar testimony
Senator Thomas NJ. Monaghan and
Fred c. Mccall. coal merchant, gave
Marx an exc 'llert reputation for peace
and good order.
chief Black asked 20 he permitted
10 answer part Of Marks test.nony
and again went on the stand. the chief
said the testimony about the oath Marx
lattributed 10 him was not true.
Chief Denies Swearing.
Chief Black testified that when ne
lfold Marx to remove the card re said.
l"Wharll / do that for. I've a right
to wear what I d. please" I stood
there and talked with him before ar
rested him." continued the chief "The
men who said they stood near him were
across the street. So far as that Lam
guage is concerned never heard those
words used before until this morning"
That Closed the testimony.
Mr.. Ball then began his closing ar
Gurent. He said the testimony was un-
oisputed that there was absolutely no
distm bance or no sign Of disorder about
the place where the arrest was made,
and that everything was quiet aud peac
able According TO the chiefs own
testimony the man was walking along
the street alone" said Mr. Ball "If
there Is any statute or common law
covering this case ] canfess 1 never
have heard OF IT,"
"The court has a wide scope on dis.
orderly conduct" remarked Judge
Cochran.
"Yes. within the iiimt OF the law"
agreed Mr.. Bah. 'but I presume no
court would say a thing is disorderly
eoaduct unless the facts would warrant
IT,"
Is damn" Dsorderiy.
Juoge Cochran thought the use OF the
word damn" in public by Marx would
warrant IL. but Mr.. Ball said he
wouldn't grant that it was under the
circumstances and would be willing
to argue Il before the court I'm banc.
mo officer has a right 20 meet me
on the Stret and criticise my wearing
apparel or what have on. and II he
does, / have a right TO tell him r.,
wear what / d. please" continued
Mr.. Ball
He pointed ont the trouble this