The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-09-23


O'Clock this morning with Judges
Houston and Cullen on the bench.
William +. Smalley asked that the
case OF Joseph Lardo, charged with
committing an assault with intent TO
kill, BIO continued on account OF the
absence OF a material witness. He
said that he had sent for this witness,
who Is now In Philadelphia, and the
Court granted the continuance until
his arrival.
Several cases were called, but as the
witnesses. were not present, they wore
continued.
Attorney-G General Nicholson called
up the case OF James Walter Barley
charged with Attempting to commit a
rape on Emma Murphy. This case was
continued from the last term, anu MIR.
Nicholson said II was impossible to
lind Tho proseoutIix.
AS this was the case, he asked That
the case be dismissed, and the request
was granted.
A jury was then drawn to try the
case OF Levi Ruth, charged with at
tempting to COMMIT rape on little
girl named Annie Grossman,
Several Of tho jurors were challenged
but at last Jury acceptable to both
sides was drawn. George Can't of
sio INoAhhB oouihuit was bclbbLou an
foreman. As the clerk was about TO
swear the jury he called Mr.. Carters
name, when he thinking he was chal-
lenged, started to leave the box SANG
ceremony. He was called back and
the matter explained. after which he
took his scat as one OF the twelve men
good and true to try the case.
The State was represented by At
torney General Nicholson and the
defense by ii. Ii. Ward.
The case was opened to the Jury by
the encouragement who after stating
what he intended to prove, com.
menced the examination of witnesses
Annie Grossman testified that she ia
II years OF age, and lives at No. l0t
Shipley street. She knew Levi Ruth,
as he had attended bar ut a saloon In
the vicinity. She saw him nearly every
day and knew him very well. On the
night OF August 10th there was ar
alarm OF fire, and the witness went to
Front street. She met Ruth.a and upon
asking him where the fire was he said
he would show her.
He took her over Market street bridge
and after throwing her down In some
weeds attempted to commit the crime
She cried, and upon getting away
from him came to Ida Wolfson's, on
Market street near Front and told hei
about what had happened.
Her clot hes were soiled and Ida
washed them. She did not toll hei
father or mother what had happened
until about q week afterwards.
=, Mr.. Ward subjected the witness to
long and searching cross.examina
ton, and she did not leave the stand
until ll.40 o'clock.
Ida Wolfson. al2.year.Old girl. was
called to the stand. but us she WAS SC
badly overcome with nervousness and
heart trouble, she was unable to tos
tlfy.
Judge Houston demonstrated against
her being kept on the stand, but Mr.
| Ward said she was very materia
| witness for the defense.
so you would keep her at the risN
OF her life, would you2" inquired
Judge Houston, with considerable as
perity. .-
"Oh no. your Honor" replied Mr.
Ward, Il would not do that, but
would suggest TINT physician be
called, as 1t seems to me this Is moth
ing more than attack Of nervousness.
The suggestion was acted upon, ant
after the witness wa5 assisted by hel
sister to the la1les' waiting room {
physician was sent for. Dr. Winner
arrived in few minutes, and aftel
making an examination pronouncst
her suffering from hysterla. He ad
ministered the proper remedies and II
about half an hour she returned to til,
stand.
After being sworn, she testified tina
on the night OF August 10, Annie Gross
man came to her house about o'clock
and told her what had happened. He
dress was solled on the back, and tn,
witness washed 1t.
When the witness was about to stat,
what Annie Grossman had told he
about the assault, Mr.. Ward objected
and u long argument ensued.
Tho Court finally decided that this
testimony could be admitted and tn
witness gave the details of tho CONVEX
sation. -... ...-. -.-..
The witness was cross.examined q
length by Mr.. Ward but her direct
testimony wns not shaken.
Daniel H. Adams, colored, VIII
pleaded guilty to carrying a eoncea ,ot
deadly weapon, was sentenced TO pa,
the costs and q fine OF S25 or be i'm
prlsoned ten days. He said lie woult
rather pay the line and Judge Cutler
told him to rnlse the money rs sOoI
as possible and save himself from
going to Jail. &c.,. .......
The grand jury came In at II Q
O'Clock, and as they had finished al
the business presented to them, wer,
discharged from further attendance a
this term. -..
At o'clock, court adjourned unit
$50 O'Clock this afternoon.