Evening journal., 1891-11-18
LAST EDITION
COOL ING PLEADS GUILTY
True Bill Found Against
Walter w. Blackburn.
DID HE sLAY EDDIE GARDINER!


Before the Court-Four Negroes as His
Companions in Misfortune.
Al the opening of court yesterday
afternoon Judge Cullen delivered the
charge to the Jury in the case of Town.
send and Carr, the men who are accused
of robbing Richard Lewis of Baltimore
The iury then retired and after an
absence of fifteen minutes returned with
verdict of guilty. Chief Justice
Conegys then sentenstd Joseph Town.
send to forfeit and pay the state Of Della
ware the sun of $500 and costs OF prose
cution, and on Saturday be whipped with
forty lashes and stand one hour in the
pillory, and to serve three years In the
New Castle county Jail James Carr, the
other prisoner, was sentenced to the same
number OF lashes and the pillory, and to
be incarcerated for one year. The
prisoners fiinched when they heard the
heavy sentence imposed upon them
William Dorsey was sentenced to two
months imprisonment and fvs lashes,
for the theft of an overcoat from John
Ford. Samuel Sedgwick was given q
sentence of two months imprisonment
for the theft of two horse blankets from
the Trustees of the Poor of this county
Major Loper. colored, pleaded guilty to
the charge Of carrying concealed deadly
weapon, and paid the fine
amounting to $3125 and was
released John Moore, pleaded not guilty
to the charge Of stealing three spoons
from Matthew Goslin. James Mcguire
was charged with stealing $14 from
Peter Gill on October 10 Mr.. Harrington
represented the prisoner and Victor
Wooley the. state After hearing one wit
ness the court adjourned until 10 o'clock
this morning.
This Mornings Proceedings.
The Mcguire case was resumed in the
court this morning
Prothonotary Peter A. Horty and
Henry c. Turner testified to the good
character Of the accused. Victor B.
Woolley opened argument for the state
He asked for conviction on the ground
that Mcguire wore good clothing on the
next day after he and Gill slept together
and the $14 vas stolen,
he was followed BY Austin Harrington
for the defence He claimed that the
theft had not been proven. That they
were friendly and went on drunk to.
gether. That there had been no proof
that he had any money in his
possession other than a $40 bill
while the money stolen consisted Of two
$5 bills and four 81 bills. The drunk
enness was admitted on both sides There
was no case Of burglary. The sleep wa:
drunken one, but there is no evidence
to connect the money lost with the $1(
Mcguire was known to have changed. His
clothing was old and not new. The
alothing tne same that he had beer
wearing for a year He claimed that Ma
guire's character was good and he was OF
highly respected family.
In concluding argument for the state
Mr.. Wooley claimed that it was but
criminal prudence for Mcguire to chang.
the character of the money stolen. Tn,
state was not trying Maguire's family
it was trying him for crime.
Judge Cullen charged the inry ii
favor of the prisoner He said tha
character should always be sonsidere,
when there is doubt, but not whel
there Is positive proof of guilt He said
that in this case there was a doubt
That the evidence was purely cifcum
stantisl The jury retired at II i
o'clock and at IL, 80 returned verdic
Of not guilty.
Cooling Pleads Guilty.
Attorney General Biggs called up th
case of Howard Cooling, indicted for xii
ing his wife, zelia Cooling, by strikin
her with mustard bottle.
When Cooling was marched into th
dock he was neatly dressed in blac
cloth, and was very pale. He was reI
resented by Levi G. Bird.
The attorney general said:
''If your honors please, the defendar
in this case desires to withdraw his pie
of not guilty and enter the plea of guilt
of manslaughter. agree, if it meet
with the approval of your honors thl
that plea be entered While ! consIds
this a very serious case of maj
slaughter, yet because of certai
mitigating circumstances 1 am col
fident that that would be tI
verdict rendered by the jury. Therefor
am willing that that plea shall be 81
tered The punishment as fixed by la-
is not less than one nor more than fS
years, and inasmuch as there VIII be
difference of opinion on the bench
would like your honors to hear two q
three witnesses in order that you ma
grade the punishment thereby"
The court consented and Leslie Coolinj
the 13-year-old son Of the dead woma
and her slayer, was called to the stan,
He was duly sworn. His examinatic
was begun BY the attorney general 3
told the story OF his father comm
home, the quarrel, the blow, the fall an
her subsequent death, rs already d
tailed In full in the EVENING JoUREA
Hessaid:
II am 13 years old. lived at No. III
Walnut street My little sister and
were on the sofa asleep was awakens
by the quarreling. heard mother ca
father drunken bum. Next hear
the blow. Then father said 'Zeli
ZsliR what is the matter with your
did not intend to do it,. / saw moth
fall Her head fell about one foot fro
the lamb did not see the blow struck
He was cross examined by Mr.. Bird, b
did not alter his story.
DR.. white on the stand.
DR.. Josephine w. White was swo
and testified.
~ was their family physician for fo'
years Cooling came TO my house on &
night of the killing, between 8 and
o'clock. He asked me to come to b
house. He gave his old number
Spruce street. knew by his mann
that he was drunk, and gave him &
right number He said: ''For Gods sal
come My wife is in it. told hi
would come. BE left. When / reach
the hall of my home found that he hs
returned We then walked off togethe
He was very excited. He said that
had been drinking, in fit Of temper
had struck her with a mustard bottl
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