Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-11-30
DELAWARE GAZETTE AVID sTATE JoURNAL-WIIMINGTo

Il
| Walter Bacon presented an affidavit from
a physician stating that House was physi.
cally unable to attend court. and his coun'
! sci therefore asked that the case go over
until the February term.
Henry O. Turner appeared in court as
| the legal representative of Mrs. Ella ID.
| Hopes, indicted for assault with intent to
murder William E. Hopes, her husband.
Mr.. Turner informed the court that the
/ prisoner was u much.apused woman, and
| went on to nErrate u sensational state OF
affairs until "ilagged' by the court.
| Mr.. Turner then denounced the prose-
cutting witness in the most sGathing terms
and said the woman was the only support
| OF her aged mother. He stated that he
wished to Withdraw the plea Of not guilty
aud would enter plea of guilty in man.
| ner and form rs indicted. He asked the
court not to impose a term of imprison-
ment but to release the prisoner upon her
| promise to leave the State.
Mr.. Nicholson said that this was new
and novel motion and it would require
some time to consider the proposition.
Sentence was therefore deferred.
A Jury was drawn to try the case of the
State VS.. John Cullen, indicted for carrying
concealed a deadly weapon. Walter IL.
Hayes appeared for the prisoner and
AttorneY-General John Il. Nicholson the
State.
Mr.. Hayes asked the court to instruct
the jury to acquit the prisoner If they be-
lieyed that Cullen had no other motive in
view than desire to shave himself. The
court SO charged and the jury acquitted
Cullen without leaving the box.
Immediately after this decision was an
nounced Attorney-Genera Nicholson asked
| leave to enter nolle prosequi in the case
of Frank Williams. alias "Chicken Billy"
The latter was indicted for similar offence.
State Detectives Witsil aud McYey ar
rested Williams and when searched knife
with q blade four inches long, a loaded
pistol and a razor were taken from his
person. He will go free under the recent
decision of the court.
In the case of Charles II. Collins, whose
bail bond Of $500 for non;appearance,
Wednesday afternoon, was forfeited, H..
II. Ward informed tho court that Collins
hud misunderstood the order of the court.
hence his absence and forfeiture of bail
bond. He was indicted for embezzlement
of funds of the Prudential Life Insurance
Company. With the consent of the at
torney.geEeral the case was postponed
until the FebIwary term. Surety lii the
sum of $500 was furnished.
Court took recess until 2.30 p. m.
There was brief session OF the general
sessions court in the afternoon. Mrs.
Ella ID. Hopes was brought into court
and rearranged upon the charge OF assault
with intent to kill her husband. She was
accompanied by her mother, who sat
with fearful eyes in front of the prisoner
box. The Chief Justice in passing sentence
upon the woman, said: You were
indicted for an assault with intent to com
nit murder. You pleaded not guilty to
that; counsel was assigned you, and at his
instance, with your consent, the plea Of
not guilty was Withdrawn and you then
pleaded guilty simply of an assault.
THE offence of which you were first
charged was q very, grave one; 1t was the
attempt to take the lie OF a human being
II one Of those shots had been fatal
you would be standing here to-,iay
charged with taking the life of that man
or, in other words. murder We congratu
, late you and thank God you are not herr
, so charged. F
, 1--WE have learned much in this case
Ella, that opens up one of the saddles
: tragedies, possibly, that can ever occur il
the life Of a man and woman. From
what we learn, tins man has not treateC
: you right. He has robbed you, perhaps
of many of the womanly instincts tina
go to make UP the true and noble woman
, Your life, doubtless has been degraded b,
him, and the sympathies of the court 6,
out strongly to yon. Still we feel that yol
did very wrongful act, and one the Law
cannot entirely overlook. Your husband
: has asked that you get off very lightly
The court will subject you to very ligh
l | punishment. Your case is rare one il
: the history of criminal practice in thi
, State. The court will impose term of ST.
! months Imprisonment"
In the general sessions court on Satui
!, day, Attorney-General Nicholson, in tn
0 case OF Nelson K. Walker colored, in
dicted for lottery policy writing, aske
: that the Gapias be vacated and the recol
: nizance dismissed. The prisoners bal
+ bond was forfeited for non-appearance
= Thursday, and when his bondsmen pre-
a duced the defendant, on Saturday, tn
: forfeiture was taken OFT. lie was ser
fenced to pay fine of 500 and costs Q
: the prosecution.
Walter. Bacon again asked that the cas-
f of Lewis X. House be postponed until th
: February term. The State was unwiilin
q TO agree to postponement and the cour
directed Clerk Biggs to draw the jury.
Z Lawyer Bacon asked the court to subjet
u each juror to rigid examination with
view to ascertaining whether or not any c
them were members of Fame Castle
i Ancient Order Knights of the Mysti
II Chain. The court admonlshed the jIr
that If any of them were members of tn
order they should make the fact know
a upon entering the jury box. There wer
no members of the order on the jury pan,
n and the jury was then drawn to try til
''star witness" in the Maguigan-Griffin Cit
o Council contest.
q Argument was then finished and
# 12.45 o'clock the jury retired. They r,
turned at l O'Clock with verdict OF guilt,
Mr.. Bacon asked the court to impose
u light sentence. The court imposed a fin
II of $50, costs of prosecution and sentence
|. House to SIX months imprisonment. Th
10 other charges against House were noll
e prosecuted.
d The Chief Justice called Joseph Hay
E up to the bar and demanded to know tn
"a reason why he had disregarded the sun
= mons of the court when subpenaed as
y witness in case pending trial. Hayes n
y piled that he got drunk, but the court
l. clined to accept this excuse and fine
Hayes $40 and costs for contempt.
" In the case of the State VS.. Alexandt
n McGovern, indicted for highway robber,
A the State entered a nolle prosequi. IT
y court told McGovern he might go whel
= he pleased.
u This was the last criminal case of IL
November term.
10 Crier Smith adjourned the court of oyt
q and terminer without day and the gener
s. sessions court until Monday morning at
o'clock.
y The superior court convened for ii
m November term at the usual hour O
20 Monday. All the judges were on Il
bench, and there was large attendant
n of the members of the bar.
rs The civil list was taken up and
ID number of cases marked for trial.
/. The calendar arranged by the ba
IN committee for trial Monday was as 70
is lows: Philip r. Clark VS.. Henry
nt Churchman, Benjamin Nields for Il
to plaintiff, Senator Higgins for the d
e. fence; Henry l.. Churchman VS.. Phil
10 r. Clark, Higgins for plaintiff, Brat