Evening journal., 1920-01-31

SUSSEX CASES
contInned from Flr.t 90.

ton OF the higher courts on the charges
OF unlawful assembly and rloting was
called at , o'clock. Attorney General
heinhardt represented the State. james
NJ Tunnel and John NJ. Richardson rep
resented The defendants. To accornmo-
date the crowd the hearing was held In
the court room instead Of, in the Office
Of Mayor Stewart, who was the mag
lstraie before whom the case was heard
The first witness for the state was
Mr.. Wells, the health commissioner. He
testified lie is special health officer
acting for the State Board OF Health
He was acting IN this capacity on jan
uary i3, This year, when he visited
Georgetown 20 ascertain 10 what cx-
tent the orders or the state Board of
Health for vaccination Of GEORGETOWN
people were being obeyod on the eve
ming Of that day, so ran his testimony.
he was sitting IN the Office OF the Brick
hotel, where hc was O registered guest.
reading newspaper. About 7.30 o'clock
ne heard the noise Of a number Of peo-
pie coming on The porch IN front Of
the hotel aHd directly IN front Of the
ofiice. he looked up and saw a crowd
around The windows looking I'm al him
and heard exclamations. That's him r'
That's himl" At the same time crowd
OF about nifty men rushed into the oflco
where no was sitting. At their head
was Halstead Layton. Layton immedl-
ately came up 10 within q foot OF Wells
ana said, "l0u are going 20 leave TOWN
right away or we viii put you out. We
nave machine outside and we will
send you 70 selbyvllle."
wells testified a conversation ensued
but 10 was not detailed by the witness
Layton dm all the talking In
sofsr as the crowd was concerned said
Wells. Finally. Wells asked permission
70 telephone Daniel ]. Layton, then
deputy encouragement. 10 see what
ne advised. lie could not locate Mr..
Layton lie then telephoned Frank NJ
Jones, president Of the GEORGETOWN
Board OF Health, and told him of The
crowd and what they demanded. He
said he told Mr.. Jones that because he
was an officer he thought il best not 10
resist, because that might result In
trouble and In The interest OF law and
order, he was going 10 leave. Mr.. Wells
sald mat while no one but Halstead
Layton did any Of the talking. the
crowd back Of Mr.. Layton was very
while from the outside
'ame the cries or Bring him out.
Get a rope"
Continuing, Wells said Thomas Pep
per and John Barr came TO him and
advised him 10 leave in order to avoid
rouble. They escorted him from the
lotcl oiilce 10 the automobile. which
vas standing outside and as they
passed through the crowd. Pepper and |
Barr said, Don't touch him boys, he's |
igreed 20 leave town"
James W. Tunnell took Mr.. Wells on
He laid stress upon
he fact that Mr. Wells did not see any
lf the crowd carrying clubs or slaves
or other hurlhIl weapons" lie also
brought out that none OF the crowd laid
hands on Mr. Wells Mr.. Wells said
neither Walter Roach nor Joshua Col
Ilns did any OF the talking. Attorney
Iunnell and the witness debated az
length Is 70 what constituted Threat
snlng attitude" Mr.. Tunnel attempted
10 get Mr.. Wells 10 admit that he lefli
because he was scared. The witness /
insisted he left because as an officer oil
he law, he thought ID the best pOlicyl
lOt 10 do anything which would in
lite disorder.
Julius Greene. clerk Of the Brick
iotel. a Witness called by tho STATE,
cstiied 10 the crowd at the hotel he
.aid he didn't pay much attention % /
O. lie couldn't see those outside. be-
'ausc 10 was too dark lie said loter
IN cross-examination those outside
yho were yelling, Bring him outg
we're boys. He testified on direct eXami- /
lation. be didn't hear c0nyersatl0n be-
wcen LayiOn and Wells. ne said ihe
,rowd didn't appear angry 90 him. He (.
couldn't remember anyone ho saw IN 4
he crowd. on cross-examlnaiio by /
Mr. Tunnel, Mr. Greene testified The /
'rowd was very peaccable and orderly. |
md he wasn't scared and wouldn't have /
'un from them.
Deputy-Sherin Lee Mitchell was call /
ID by ahe state. lie testified he went /
20 the hotel when the affalr was nearly /
)ver. He couldn't remember Who he /
saw in ihe crowd he said DE sd,ised /
Mr.. Wells 10 leave because the nro- /
prietor Of The Brick Hotter was ,yor- /
Red over the demonstration ON cross I
examination by Mr.. Tunnel the wifi !
ness said the crowd was one or ho 1
most peaceable and orderly crowds he
lad ever seen, and he didn't think 10 7
intended 10 do any harm 90 Mr. Wells l
John Barr. fourth and last witness
'alled by the state, testified on direct !
'Namination that be went % Wells and I
advised him 90 get ont OF town At /
.orney General Relnhardt asked him
WY ne advised Mr.. Wells 20 leave town. T.
md Mr.. Barr said he didn't know. Fin /
illy, he said. he advised Wells 10 leave I
own because Wells was q stfancer. ON /
'ross-examinatlon by Mr. Tunnel. Barr 1
said the crowd was one OF the most /
)eaceable and orderly crowds he ever |
iaw. /
Tho state rested. and the defense. |
Without Introducing any evidence. im.
nedlatcly moved 10 dismiss The de-
Mr. Tunnel mado the first /
argument IN which he said the Della
ware statutes define an unlawful as I
sembly as three or more persons" I
WITH clubs. slaves or other hurlml /
weapons who commit or aji4mpt 10 l
commit violence or injury 20 any per- !
son or property. He insisted that none |
)f these things had been proved by The !
State. lie pooh-p0ohed the testimony
of Mr. Wells and said Wells mercN got
scared and imagined there was mob. !
He emphasized ths statement Of Wells I
hat neither Roach nor Collins. two oi
.he defendants. said any hlns or did
anything except stand a. The hotel
ofllce. where Tunnel said they had a
right 10 stand as Il was a public place !
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