Milford chronicle., 1939-09-01
GEORGETOWN


Members of the Laurel town coun-
ell, Mayor Lynch and about fifty OF
the towns citizens came here Tues
day night OF last week in defense OF
Officer John M. Phillips, against
whom charge of assault and battery
was brought by Joseph L. Galloway
before Magistrate w. Elwood Wright.
Galloway alleged that Officer Phillips
early Tuesday morning, August Is,
beat him up with blackjack at the
grill of Clarence Mitchell in that
section. The evidence disclosed that
Louis ;Berman, Wilmington; Carlton
X. Evans, an emplOye of Mitchell,
and Officer Phillips were in Mitch
ellis place of business when Gallo
way, alleged to have been intoxicated,
entered. Galloway is alleged to have
walked up to the soda bar, approx
mately fifteen feet long, and pushed
Berman aside and made a pass at
Phillips, abusing the officer. Pre-
viously, Chief of Police Harley Hick
man testified that he had heard Gallo
way remark that he never intended
to be arrested by Phillips and that
he would cause him to lose his job.
When Galloway attempted to hit
Phillips the latter told him that he
had better go home or else he would
lock him up.
A tussle took place. when Gallo
way called Phillips vile names.
usAosshinn hn iflnnr
Galloway fell to the sidewalk while
the officer was attempting to hand
cuff him, and. from the evidence,
sustained wounds in the hand which
he alleged was caused by Phillips
beating him with a blackjack. Gallo
way admitted that he resisted the of
ficer, but alleged that he was beaten
from the Mitchell grill TO the town
lookup and even after being placed
in the lookup was severely beaten by
the officer.
Berman told of the assault and
battery that had been committed on
him while standing at the soda bar.
His story was corrOborated by Ev
ans, emplOye of the grill. Both Ber-
man and Evans testified they never
saw Phillips use his blackjack. 1t
was brought out that when Galloway
was placed in the lookup that he had
a bottle of whisky in his pocket
Galloway claimed that he was 50 Sc
Verely beaten that he never regained
consciousness for about two and half /
hours: while it was shown that he /
had received his head wounds, evi- /
IDENTIFY from the fall TO the pavement,
while resisting the officer.
James NJ Tunnel. Jr., represented /
Phillips and the members of Laurel |
town council, who were backing the I
officer. while Frederick p. Whitney /
was counsel for Galloway.
After argument by counsel, Magis-
trate Wright gave a verdict against
stating that, in his opinion.
from the evidence. Officer Phillips 4
was justified in what he did when
he was abused. told Galloway TO go /,
home without any trouble and then |
was resisted in the performance of 4
his duties. n
Berman. who was standing at the
soda counter at the time. and was 1
cursed and buffeted about by Gallo
way. "HONl' ne Sldleu. ne hdu never II
seen, brought a charge of assault and n
battery against Galloway.
Attorney Whitney, on behalf of /,
Galloway, entered plea of not gull
~, and Mr.. Tunnel, counsel for Ber-
nan. asked that Galloway be held
IN the charge of the October term of
Court of General sessions Magis-
rate Wright held Galloway in 5000
Jail, Clarence Mitchell becoming sur
,ty. Il
Galloway. about the middle of last
"eek. was fined by Magistrate Thorn
IS W. Records, of Laurel, over drunk
.nness and disOrderly conduct and
Ook an appeal. The case finally was
brought before Magistrate Wright
lere.