Evening journal., 1893-09-25
WITNESSES ABSENT.
The State Unable to Proceed
Against George White.
DELAY IN THE RINALDI RAPE CASE


Contrary to expectation the capital
case of the State VS.. George White,
negro, for committing rape upon Mrs.
Carrie Bentley, was not tried to day.
Two material witnesses for the state
failed to appear, and, as they are out of
the courts jurisdiction, the state detec.
tives have gone to LOOK for them.
Court called promptly at 10 o'clock.
Chief Justice Lore. and Associate Judges
| Grubb, Marvel and Cullen were on the
bench. The grand jurors were called,
responded and retired to their room.
The witnesses in the case of Edward
II. litter, accused of attempting TO use
female child for immoral purposes,
were discharged until November 10.
With consent of counsel, the court
excused the following Jurors from serv
ing on the Court of Oyer and Terminer
panel:
F. o. Bannett, on account of deafness
Stephen II. Thompson, gatekeeper at
Claymont raj lroad crossing; and w. B.
Biggs, who is ILL.,
The State Was Not Ready.
The court then asked if both sides
were ready in the White case. The
prisoner is accused of raping Mrs Carrie
Bently, wife of the captain of the tug
Jansen. The crime was alleged to have
been committed in the cabin Of the tug
last April while the boat was at Enoch
Moore q Sons shipyard for repairs.
The negro, it is alleged, was employed
about the tug carrying water. The
captain went to town and left his wife
in the cabin. During the night the
negro entered the cabin, and it is said
there committed the brutal crime. BE
was arrested, indicted at the last term
of the Court Of General Sessions anc
the indictment was, at this term, GER
tioraried to the Court of Oyer and
Terminer.
Attorney General Nicholson informed
the court that two very material wit
nesses, who lived outside the ijurisdis
J tion, had failed to appear. He could moi
say when they would be here, but th'
state detectives had gone to look fol
them at the place from which they wer'
last heard.
Walter Bacon, representing th'
prison, asked for his immediate dis
charge. He said this was the secon'
term and under the law the state coul'
not prosecute in a capital case after twl
terms had elapsed
The attorney. general said Mr. Bacoi
was in error. This indictment was founl
1 at the May term Of the Court of Genera
Sessions and brought up this term o
, the Court of Oyer and Terminer on
: writ of certiorari. Consequently thi
was the first term.
Mr.. Bacon insisted that he was right
I but could not get the court to his way o
thinking. The chief justice said tn
, court could not discharge a man accuses
Of such grave crime, as this was tn
first term. The witnesses were ordere
to remain, as the state would procee
with the case as soon as the absent wit
nesses arrived.
RInaldi Pleaded Not Guilty.
The court then turned its attention {
the remaining capital case, that agains
Generoso Rinaldi, an Italian, for rapin
. his 13-yeRr-old daughter Ranaldi Raj
faella The crime is alleged to hav
been committed at his home in this cit
|, on June z, 1898.
The middleaged prisoner was marche
in between the tipstaves. carrying thel
wands of office-the red ahead and th
I" black one behind. The indictment wa
read by Clerk of the Peace Biggs and in
n terpreted to the prisoner by Carmine ID
o Mare.
"What say you-are you guilty
manner and form as you stand indicte
L or not guiltyg" asked the. clerk of tI
peace
d mot guilty! the prisoner replied.
Glow will you be tried?"
"By God and my country"
MAY God send you a safe deliver
ance"
y Lewis G. VGndegrift, his counsel, il
Is formed the court that it was understoo
that the case would not come up unit
p tomorrow. The defense was ready an
: he would endeavor to get his witness'
in court by ? 80 o'clock this Afternoon
y With this understanding the prison,
i was marched back to his cell.
II General Sessions at Work.
: The Court of General Sessions the
d went to work as best it could.
d In the case of George Moore, colore
= accused Of assault with intent to comm
10 murder on a colored woman, Mr. Bacol
) his counsel, withdrew the plea Of N
- guilty and entered one of guilty
~ assault. The plea was accepted by Il
state.
Is William II. Bryan, colored, was pr
70 on trial for pointing a pistol at Jam
Az A. Bayard, an ebonized libel OD IL
20 celebrated Delaware statesman. Bot
le the prisoner and prosecuting witne
ev hailed from New Castle in which plaS
IL. the offense was committed. Bryl
nt pleaded not guilty and cross examine
us the witness himself. The jury onl
he consumed ten minutes in reaching
Ia verdict of guilty. He was fined s.
We and costs.
Frank Tobias, a colored farm hand, W
on put on trial for assault and battery up,
IA. Johnny Jones, 16-year-old White Cl
%, Creek hundred boy who has no sister Su
ow The prisoner pleaded not guilty, and W
INT represented by Walter ID. Hayes al
Der Henry G. Turner.
de Johnny" Jones took the stand Al
me told his tale Of woe Tobias was hal
OF on his fathers farm. On August
Is Tobias got on a tare and called Johnny
ian and said he would knock his ---
head of" Other pleasantries were
dulged in and Johnny got his gun. 4
assault followed "JOhnnys" fatt