Wilkie Exonerated of Strike Assault

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Complainant Fails to Appear for Eleventh Time; Girl Gives Testimony
Charges of assault and battery made against Inspector John V. Wilkie by a man arrested on July 7, during a riot in the RCA strike, were dismissed yesterday by Police Judge Lewis Liberman. A striker also charged with assault and battery by a girl worker who was injured when a brick broke the glass in a bus window, also was freed when Judge Liberman said there was no evidence to prove he threw the brick. The Wilkie case had been postponed 10 times previously, because the complaining witness, Martin Merriman, of 2015 Ogden street, Philadelphia, had not appeared in court. When Merriman’s name was called today he again was not present, but he was represented by Alfred P. Morwitz, a Camden attorney. Morwitz said his client’s appearance was not necessary, as he could not identify Wilkie as the policeman who struck him over the head with a club.
Morwitz, however, placed Miss Sue Voytovich, of 2727 Westfield avenue, on the witness stand to testify against Wilkie. Voytovich said she was arrested on July 7 and was seated in a patrol wagon at the Market street ferry entrance when she saw Wilkie walk up and hit Merriman over the head with his club. “Four policemen were trying to put Merriman into the patrol,” she testified, “when Wilkie walked up in back and hit Merriman with his club. Merriman had done nothing to warrant being struck.” John R. DiMona, assistant city solicitor, represented Wilkie and began cross-examining Miss Voytovich. “Were there only four policemen around the patrol, or were there 10 or 12 policemen there?” DiMona asked. “There may have been that many policemen there.” “How many people were around?” “Not many.” “What are the names of the other policemen?” “I don’t know.” “How do you know it was Wilkie that struck Merriman?” “I saw his picture in the Courier many times and he was pointed out to me by a friend.”
Jury Hearing Denied
“Who arrested you that day?” “Wilkie.” “You don’t like Wilkie, do you?” “I haven’t anything against him.” “Didn’t you make some remarks that you were out to get Wilkie?” “I certainly did not, no indeed.” “Was Merriman hit hard by the policeman?” “There was blood all over his face when he got into the patrol.” “Wasn’t it possible someone else could have hit him?” “I don’t think so.” At the conclusion of Miss Voytovich’s testimony Morwitz asked that Wilkie be held for the grand jury. DiMona advised the court that the police inspector desired to waive his rights before the grand jury and have the case decided in police court.
Wilkie took the stand and denied that he struck Merriman. Under direct examination by DiMona, Wilkie said: “On July 7, I was informed by Sergeant Carroll that some Philadelphia workers were coming to Camden to sympathize with the strikers. I was instructed to wait at the ferries, with other policemen, and send these people back to Philadelphia. ‘We sent about 75 or 100 back, but one man refused to go and threw himself on the floor of the waiting room and I arrested him. I took him to the wagon and put him in. It was a terrible time there. Bricks and clubs were flying. I put my man in the patrol. ‘Merriman had kicked Detective Louis Schlamm in the stomach and Patrolman Earl Wright had arrested him. Wright asked me to help him put Merriman in the wagon. His head was bloody at that time. Somebody had hit him, but I didn’t do it. In fact, I had him taken to the hospital to get 30 stitches in his head.’” Under cross-examination by Morwitz, Wilkie testified he “couldn’t see how this lady could see out of the patrol wagon, because of the angle it was parked and because the windows are so dirty nobody can see out of them.”
Freed on Brick Charge
Samuel Burns, of 903 Fisher avenue, Audubon, was charged with assault and battery by Miss Grace Palazzo, of 1280 Van Hook street. She said a brick broke a bus window. She was riding on the bus, between Third and Fourth street, on Federal, on July 15. Ralph Teears, of 401 Marne road, Brooklawn, a passenger on the bus, said he saw Burns pass in his car just before the brick struck the window. Burns denied he threw the brick and the charge was dismissed for lack of evidence.