Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-05-26
THE COUNTY COTRI.

Found Guilty.
.Chas. Smith was arraigned at yesterday
afternoon weeks session of cours on tho
charge Of sending threatening letter Ia
David Collins. saloon keeper, for the
purpose Of extorting blackmail. The pris,
oner pleaded guilty 10 the charge. George
a. Elliott appeared for Smith and called
and Robert i. Armstrong, who testified Ia
the reputation of Smith previous TO his
arrest. None of the witnesses knew any.
thing against the character of the prisoner
and always believed Smith to be an up.
right man.
The wife and three children Of the pris.
oner was present in the court room.
Mr.. Elliott stated TO the court that the
prisoner had q family of II children de.
pending upon him and in view of the fact
that this was the first time Smith had been
before the court counsel asked that leni-
ency be shown him. The prisoner had
already served one month in jail, counsel
said. While Mr.. Elliott was addressing the
court Smith burst into tears and wept copi-
ously. The court was disposed to belenient
with Smith and sentenced him only TO a
fine of $50.
The case of the State VS.. Martha Blizzard
alias Davis, was then taken up. The pri-
soner was charged with harboring girl
under 10 years of age. Encouragement
John Il. Nicholson and Branch II. Giles
appeared for the State and Frank ID. Car.
penter for the defence.
The first witness, Clara Barbara. testi-
fled that she would not be 10 years old
until August 18th and that she had re-
manned at the house of Mrs. Blizzard one
week
DIR. George Marshall was the next wit
ness. He testified that the victim was
born on August 18th, 1879.
Lizzie 9, Barbara, mother of Clara Bar
bara, was the next witness.
Detectives Bernard J. McVey and Walter
Witsil testified to going to the house of
Martha Blizzard on April l4th last to
arrest man for stealing five dollar note
from Daniel Lynch. They had warned
the Blizzard woman to send the girl away.
On the Monday following, the 1ith of
April, Mrs. Blizzard was arrested.
Court adjourned at 5 o'clock until 10
o'clock Thursday morning.
In court on Thursday morning Levi
c. Bird counsel for the plaintiff in the
case of Hysore a. Son VS.. |. 4. Quigley,
asked that II special jury be empaneled to
try the case as soon as the case OF the State
vs.. Martha Davis was disposed of.
Anthony Higgins and Philip q. Church.
man represented the defence.
Mr.. Higgins was present when the case
was called up and moved for contin-
uance on the ground of the absence from
the state of a material witness. Mr.. Hig
gins stated that he was not aware of the
absence OF the witness until Wednesday.
Counsel also moved for continuance on
the ground that there would not be a
quorum on the bench when the case was
called.
Mr.. Bird objected to a postponement in
the case and said that Mr. Higgins appli-
cation as far AS the lack of quorum was
concerned, was unheard of Mr.. Bird also
said that MIR. Higgins duties as delegate
to the Republican national convention, at
Minneapolis, should not interfere with the
rights of clients, and held if such appllca-
ton was granted it would impede the pro-
grcss of cases. Mr.. Bird added that as none
of the witnesses had been regularly sum
moned in the case the application of coun-
sci for the defence was not well grounded.
Mr.. Bird was of the opinion that Mr..
Higgins did not intend to try the case.
The case of the State VS.. Martha Davis
was resumed. The State called Mrs.
Elizabeth Hudson, Mrs. Mary Quinn.
Julia Tubbs, Maggie Crawford. Maggie
Smith. Mary Mclaughlin, James Sweeten
and Charles L. Simmons, who testified that
the general report in the neighborhood in
which the prisoner resided was that she
conducted house of ill-repute.
The State here rested.
MIR. Carpenter, for the defence. made a
motion to the court to instruct the Jury to
render verdict of not guilty on grounds
alleged by defendants counsel touching
the object the prisoner could have had in
receiving Clara Barbara at the house.
After brief argument before the Jury
Mr.. Carpenter called William S. Hilles to
testify as to the certain statements made
by Clara Barbara at the preliminary hear
INF before Squire Sasse, at which time Mr.
Hilles was representing the prisoner. The
nf In t.fit ,kt fal -,
and Mr.. Hilles was allowed to step down
from the stand, much to his own satsfac-
ton.
Mr.. Carpenter called Robert P. Small of
Milford, who testified that the reputation
of Clara Barbara and of Elizabeth Barbara
for truth and veracty was bad
Eliza Davis and Catharine Writ testified
that Clara Barbara had stated in their
presence that she was II years old
John Connolly, Samuel Giberson and
John Lloyd testified that they had boarded
at the house of Martha Davis, and that
she did not conduct house Of bad repute.
Emma Albright, Emma Grant and
Mary Trusty were called to the stand to
testify as TO certain statements made by
Clara Barbara. At o'clock the defence
rested.
Court took n recess until 2.30 p. m.
Martha Davis, alias Blizzard, charged
with harboring female child under Is
years of age for immoral purposes, was
adjudged guilty by II jurymen in the
court of oyer and terminer Thursday after
noon. with recommendation of the
mercy of the court. The girl, whom the
prisoner was charged with harboring, was
Clara Barbara, aged 10 years, of Milford.
Encouragement Nicholson and Branch
III. Giles conducted the case for the State
and Frank D. Carpenter represented the
prisoner.
Mr.. Carpenter took the case for the
prisoner, almost hopeless one, at the
request Of the court. and conducted it
throughout with skill and conscientious
ness that would have done credit to many
older members of the bar. Believing the
woman, after investigating the case, to be
more ''sinned against than SHINING" in
some instances, counsel spared no pains
and exercised much discretion in his efforts
to save the prisoner from long term of
imprisonment. That his efforts had con-
siderable influence upon the Jury is
evidenced from the fact that the jury
recommended that the prisoner receive the
mercy of the court.
The State on the other hand, believing
the prisoner to be guilty of the charge us
indicted, from the long array of witnesses
which the prosecution produced made
every effort to bring about conviction in
the case, which was the actual result MIR.
Nicholson, in summing up the evidence
for the State, made strong plea for CON
viction and the protection Of females Of
tender years and under the age of consent.
His plea was a logical summary of the
evidence adduced on the part Of the
prosecution.
Judge Cullen, in delivering the charge to
the Jury, cited the provisions of the statute
under which the case was brought, and
stated that it was an act for the better pro-
lection of female children. The court
held that by the testimony Of the doctor
who testified as to her birth, the child was
under l5 years of age and that if the
prisoner had employed the victim, as