Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-08-22
DECLINED no PROSECUTE.
The CITY solicitor Unwilling 10 Pros
eru,C for sunday fee Cream Salch

The City solicitor Unwilling 10 PrOs-
eruic fer sunday Fee Cream safes.
The postponed case Of Charles Kyle,
charged with violation OF the Sunday
laws, wns given hearing before Deputy
Judge Emmons at the city court yes
terday.
For the past eight or ten days the case
has aroused the greatest interest among
all CLASSES in the city. Tho action OF the
authorities Ia pushing what is termed
the "blue laws" Is looked upon with q
divided opinion. The major share OF
opinion, az expressed, is decidedly not in
favor of an enforcement of che law as it
affects such cases as MIR, Kyle's.
a very largo gathering Of citizens was
present at court this morning. Mayor
Harrington occupied seat on the bench
alongside Judge Emmons and was an in
terested witness OF the trial. Chief Swig.
vett, who 1t is understood ia the prose-
cutor In this case, was present. He he'd
Just returned from Reading and arrived
in time to listen to oonnsefs statements.
L. o. Vandegrift, Esq. appeared for
M. Kyle.
City Solicitor Turner, in addressing
the court said:
| uhNb b22lb Chhbs w hot
think, in consideration Of its surround.
ings, that l am called on to prosecute
While believe in the proper observation
of the Sabbath, there is still much to be
considered in this case. don't thinb
the circumstances warrant the prosecu
ton, and therefore ask that the case bt
dismissed"
There was the most intense silence il
the court as the city solicitor spoke
The strange spectacle Of the court prose
cutor overtly declining to prosecute in
case clearly provided for by enactment
seemed to strike everyone present az
most unique and remarkable incident
Mr.. Turner made the above statement
slowly, deliberately and with o cles
information es il ne wished that not ON
word falling from his lips should fail o
apprehension by the court. He the,
quietly took his seat.
Judge Emmons-"There are no wit
nesses understand"
The City solicitor -'"That is the fact
your honor"
Here Chief Swiggett arose and in
formed the court that witnesses can b
produced if necessary.
Mr.. Turner-"I believe witnesses ma
be produced. ! simply decline to prose
cute"
Court-"Was this prosecution brougt
under municipal law or the ocde?"
Mr.. Turner-"Under tho code unde
an enactment" against immortality an
irreligion, 30. There are three COURSE
or ways of. jurisdiction In this oour
First, as sittin0 as municipal CON
under section XIV, sixth article of I'll
: constitutions; second. the court has o.
} ordinate jurisdiction with justices of tt
peace in certain cases; third, jurisdictio
in breaches OF city ordinances subject
appeal.
This case comes under the second hea
in those co ordinate with the jurisdict:O
Of justices of the peace.
: Mr.. Turner added that Of course
} (Mr. Turner represents the attorne
, general when he doas not appear.
D Court--"I would like to have the O
J portunity OF considering this case mo
: carefully. I think no harm would
q done by continuing it.
} Judge Emmons accordingly ordered
! continuance TO the date stated.
Mr.. Tuyner--"Mr. Kyle, of course, 60
under his own recognlzance."