Evening journal., 1908-05-04


against him, though Police Captain Evans
made the arrest
The chief testified that Evans made the
arrest at Fifth and Shipley streets. Il
was coming across the street with Jshn
NJ Dorney, said the witness. land was
answering the latters questions concern
ing the young man who had just been ar
rested He said that Mr.. Dorney told him
that they didn't want to see any trouble
Of that kind. The witness said he then
told Mr.. Dornoy about seventy-five men
who had come down from Chester on a
boat At that point the witness said the
defendant broke into the conversation and
made the remark that the men had a
right 10 be on the streets. Captain Evans,
he said then placed the man under arrest.
Did Mr.. Fitzgerald accompany his re-
marks with any demonstrations or
threats" asked Mr.. England OF the Wit
ness.
mot with threats but with demonstra-
TONS" replied the chief
Did he attempt to strike you. asked the
lawyer.
mo he did not"
Ibid he say anything else only what he
said TO youY
mo" replied the chief, but It was a
continuance performance with him. He
was around all day"
Fitzgerald on Stand.
Fitzgerald followed the chief on the Wit
ness stand and in his own behalf told the
court that the only thing he said which
D. -
those men a right TO take a boat to come
from Chester to this cltyT
The witness continues Il was immedi-
ately grabbed from behind by Captain
Evans who made the remark: ''we'n take
care Of you"
Fitzgerald said that while on the way
20 the City Hall they met Chief Black.
The witness said the latter took hold Of
him and turning TO Captain Evans said:
Il will take care Of this one" and turning
to him said you will come with us. You
can't come to this towp. and work a bun
here" AHt
In cross-examination Mr.. Fitzgerald said
that he had been IN the city ten days and
Just before his arrest. had attended q
committee meeting He said he spoke TO
Chief Black last night in the same tone
as he was using on the witness stand.
John M. Dorney Testified.
John M. Dorney, the painters organizer,
was the only witness called by the de-
fense. He said he was talking to Chief
Black about the young man who had been
arrested, with a view to finding out the
seriousness of the charge. and going the
young mans security. He said Mr.. Fitz-
car a.4Fff Et.
Mr.. Dorney in relating the circum-
stances Of Mr. Fitzgerald's remarks to
Chief Black said that the defendant spoke
In moderate manner and the words he
used, we're in effect: "Havn't those men
right TO come here on a boatq'
''Iie asked the question mildly" said the
witness. "more mildly than usually
speak"
In cross-examination Mr.. Dorney sad
that Mr. Fitzgerald had said nothing pre-
vious TO the remarks he addressed 10 Chief
Black.
Mr.. England In contending for the dis
charge Of his client said: There mas
clearly been no disorder shown in this
case. This man may have butted IN the
conversation but was surely not disorder
ly."
Mr.. Satterthwaite. however, contended
that as the defendant was in the crowd
and one OF the leaders. he was guilty. the
same as the others
Judge Joslyn in summing up the case.
said that there really was no evidence TO
connect Fitzgerald with the crowd.
He said it was not the courts desire 70
put hardship on the men. but Il seemed
to him that while the words spoken by
Mr.. Fitzgerald we're not disordorly in
themselves he should have been careful
about speaking them where he did. BE
said the defendant should have had ex-
perienee 70 know enough when TO make
an expression Of the kind ''The court is
not satisfied to fne Mr.. Fitzgerald" said
the court hut viii hold the charge up
against him
Mr.. Fitzgerald was then dismissed.