Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-10-01

tounS, SUI Vi tne uelenuhut, Iestlneu
similarly.
The defence here rested and the State
called James P. Conway, who testified
that he heard the Haggerty girl give her
testimony in the municipal court, and
that she did not say her mother would
whip her If she did not say what
she was told to say. She only said that
her mother threatened to whip her if
she did not tell the truth. Mrs. White,
matron at the police station, who held
the girl on her lap while she was giving
her testimony at the municipal court,
also said that the threat of whipping
was connected with the injunction to
tell the truth.
Attorney-genera Biggs desired Judge
Ball, who closely questioned the girl
during the municipal court hearing, to
testify upon this point.
Judge Ball said if he felt it was his
duty, he would cheerfully testify, but
he did not deem it proper TO do SO, under
the circumstances.
AS a judge of q court of record can
not be required to give testimony with
respect to cases heard by him, the ques-
ton was not pressed
The State here closed and Attorney
general Biggs argued to the jury in
favor of conviction. Harry Emmons,
the prisoners counsel, argued earnestly
for acquittal, and occupied the time
until the noon adjournment.
Argument in the case of Lewis G.
Young was finished at Monday after
Moons session of court and Judge Cullen
charged the jury, who retired for con-
sultation at 1886 o'clock. At $40 o'clock
they inquired about supper, which the
bailif provided by order of the court.
About midnight the jury retired to bed,
the evening having been spent in fruit
less attempts TO agree upon verdict.
At 10 O'clock, a. M. Tuesday the Jury
came into court, and, upon the fore
mans announcement that there was no
possibility of an agreement, they were
discharged.
The case was then continued until the
November term, the prisoner being held
in s 900 bail until then. Harry
Emmons, his counsel, had been his
surety, but the court did not deem it a
| proper proceeding for an attorney to
become surety for his client and asked
for other bail. Mr.. Emmons asked if
Young could be released on his own
recognizance, but Attorney general
Biggs objected. Mr.. Emmons said there
would be no trouble IN securing
bondsman for Young.
The first ballot taken by the Jury
Monday afternoon was six for acquit-
tai, five for conviction and one blank.
Before retiring for the night the vote
had changed to eight for acquittal and
four for conviction, and so il remained
on Tuesday. AS neither side showed
any disposition to give in, the jury
agreed to come into court and report an
inability to arrive at verdict.
John Young, colored, pleaded guilty
to a charge of carrying concealed "a
deadly weapon and was sentenced to 10
days in jail.
John jackson, colored, who has been
in Jail since June 18th, pleaded guilty to
the charge of the larceny OF pocket
book and 81 from Mary 5. Graham. He
was sentenced TO five lashes on Saturday
next and two months imprisonment.
Daniel Sorden, colored, who pleaded
guilty to a charge of larceny, was also
sentenced to five lashes and two months.
With respect to the case of James
Carr, indicted for the murder OF Antonio
Basso-jointly with Lawrence Long as
principal and singly as an accessory
Attorney general Biggs asked for post
ponement of the trial, which had been
set for Tuesday. 81 have certain knowl-
edge" said Mr.. Biggs, (which convinces
me that il would be against public policy
and the public interests to try the case
at this time. can give my reasons to
the court, but do not think 1t best to
publicly state them"
| MIR Riurs qgkn1 for q ,,oct,,nnap,a,, .
until Tuesday, November nth, the first
day of the adjourned oyer and terminer
term. He held that the State was en-
titled to one postponement.
Walter H. Hayes, the prisoners coun-
sci, objected. "rhe Indictment" he
said, was found at the February term.
l am ready and want to try the case
now. There are no legal reasons for a
continuance that know of; if there arc,
the attorney general has not stated
them. Unless there are good legal
grounds for continuance | shall insist
upon a trial now MIR. Hayes also
called the attention of the court to the
provision in the constitution, under
which the accused in capital case is
entitled to II speedy trial.
Thee ourt-Chicf Justice C0megys and
|
consulted at some length and finally
agreed to the request Of the attorney
general, and the case goes over until
November 18th. am opposed to the
postponement," said Mr.. Hayes with a
smile, but OF course | must submit to
the court"
The special oyer and terminer Jury
was discharged until November 18th, to
which date the oyer and terminer court
has been adjourned.
THE PHILADELPHIA BURGLARS.
Attorney-genera Biggs next called
the case Of William, alias Jacob Woods
and Edward Smith, alias Harry" the
t two men indicted for burglarizing the
house OF Robert Smith, in this city
Frank d. Carpenter, their counsel
stated that he was ready 10 try the case
| Of Woods, but was not ready with
smith, whose trial he would ask for O
I postponement Mr.. Bggs said that il
one went over the other would have tc
t go also. Mr. Carpenter will lay the
: legal grounds for continuance, and
r both cases will either go over or be tried
? at this term.
4 Frank Nero, an Italian, was tried or
I a charge Of assault and battery upor
I Francisco Pietriano, with intent L
e commit murder. Deputy Attorney
/ general Davis for the State and Waite
: II. Hayes for the defence. The assault
: occurred on July 22d, 1898, but til,
@ prisoner fled and was only recently ar
5 rested. As well as could be made on
D from Francisco's "pigeon English,
. there was lively fight in the Italian
/ colony, during which he received
e severe cut on the right arm with razor
r He said that Nero did the cutting. III,
: ARRAY occurred in house near Eight