Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-09-23
RUTH BEFORE A JURY.
He Faces Twelve Countrymen
on a Very Serious Charge.
SAD CASE BEFORE THE COURT.
Levi Ruth ON Trial for Attempting
Felonious Assault Upon Little Girl.
Another Rape Case Nolle Prosecuted.

Court reconvened at 3 o'clock yester-
day afternoon. Clerk of the Peace |
Houston, of Sussex county. was seated |
beside Judge Cullen.
Ex-Attomey General Biggs filed an
affidavit of indigeuce In behalf Of Thomas
w. Ford and asked that the itate pay
for certain witnesses TO be brought from
Maryland The petition was granted
Thomas Pierce, colored, pleaded guilty
TO the charge Of carrying concealed
a deadly weapon He was sentenced to
pay $5 fine or be imprisoned for ten
days.
Clara Lewis, colored, pleaded guilty 10
obtaining money under false pretenses.
AT the request of Peter l.. Cooper, jr,
her counsel, sentence was deferred until
tomorrow morning.
The only case which went 10 the jury
was that Of the state VS.. Watson Chip
pey. a colored boy. The charge against
him was that Of carrying concealed
deadly weapon. Deputy Attorney Gen
eral Branch H. Giles conducted the
prosecution William S. Hilles appeared
for the defense
A large number of witnesses were
called The preponderance Of evidence
tended to show that Chippey and a com
panion took the revolver from a drunken
man. in whose hands Il might have
been dangerous
Judge Cullen charged the jury that
the state must prove intent to 80
armed "
In five minutes after the Jury left the
box Il returned with verdict of not
guilty.
This ended the business Of the after.
noon and court adjourned until 10
o'clock this morning.
Heavy Court FOR Witnesses.
Clerk Of the Peace Biggs says this Ia
the heaviest court known for witnesses.
Over 100 subpmnas have been issued.
A Very Serious Charge.
Court reconvened at 10 o'clock this
morning. Active business had scarcely
begun when William +. Smalley, counsel
for John Lardo, arose and informed the
court that he must ask for a
further continuance on account Of
the absence of two material wit
nesses, one Of whom, Carlo Narrel. had
gone to Philadelphia. Had he stopped at
that point there would not have been
anything unusual in his request. But
I he followed il up and imputed
dishonorable methods to the attorney.
general, saying that he had every
reason to believe that Interested parties
b had induced witnesses for the defense 20
leave the state.
This caused general comment AttoF
T. ney.General Nicholson stepped farward
aud said:
; That is very serious charge, Mr.
smalley, and It is your duty TO prove i
I II you can
4 ''well, l think I can" was Mr.
e Smalley's reply.
1 There was a concensus Of opinion
within the bar that such an imputatioi
against a man who has the standing fo
a integrity that the Encouragement on
: joys was carrying matters a trihe to-
3 far.
Emma Murphey Non Est.
Attorney General Nicholson informe,
the court that tho att tachment issued fo
Emma Murphey, the prosecuting
Q witness in the case Of the state VS.. Wal
ter Bartlett, accused Of attempted rape
had been returned mon est "by the sheriff
n He therefore felt constrained TO cate
. a plea Of nolle pros. The witness ol
both sides were then discharged and thi
, proceeding released the prisoner.
:. Tale of an Alleged Victim.
Is No sooner was this case disposel
z Of than the attorney general announced
n that he was ready in the case Of the Stat
II VS. Levi Ruth, who was indicted 70
Is attempting to rape 11-year-old Ami
Grossman, a little Jewess. The attor
d ney-general conducted the prosecution
.e II. H. Ward represented the prisoner.
As soon as the jury was drawn the 1T
tie dark haired dark eyed and frail victim
Of the alleged crime, was placed In the boz
After testing her knowledge of an oath
al and the test proving satisfactory, sh
4 was sworn on the five books Of Noses.
ID While this was going on, Ruth, fin
, looking young white man, well-dresRed
eyed her intently.
l: The little child then told her story a
~ follows.
4; 'In August was at Front and SIMPLE
streets. / heard a fire alarm strike.
y asked Ruth where the fire was. He sal
= he would show me- Taking me by tn
h- hand he led me out Front to French
y down French TO the railroad, along th
n railroad to Market street, and over Marke
=, street bridge about quarter Of a square
Oh He then led me into the weeds Of th
marsh for about square He held hi
hand over my mouth from Railroa
avenue and French street TO the place /
the marsh. After we got there he thre'
me down and attempted TO ravish m'
as He soiled my clothing and then led m
's- back to the cAuseway end Of the bridg'
as Il was then dark.
Of II then weht home and from thei
ci. went TO Ida Wolfson, girl friend.
II, told her what Levi Ruth had done. ST
nd washed and ironed my white dress Il
BIT me- did not tell my parents. l VI
Il, afraid. l am positive the man in tf
box did il.
The attorney general was very consio
crate, and so was Mr. Ward.
The latter cross-eXamined her q
ed length, but failed to shake her test
a mony on any material point.
Solomon Grossman testified that
ne was her father and that she had not y
b e experienced change in her life.
he Officer Haynes testified TO making u
n arrest
ais A witness Overcome.
ne, When Ida Wolfson. small girl, W
fiji led to the stand she was completely owe
d. come and hysterical. II was evident tn
she was badly frightened. Befo
the examination could proceed DIR. Mi