The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-05-10
FIFTH EDITION.


This mornings session OF court was
quiet one. There were tut few peo-
pie in the audience. Chief Justice
Lore appear d for the ilrst time eli noe
Monday but he did not occupy hls
scat on the bench immediately alter
tho retiring of the grand jury the Mo-
Garvey case was resumed. Mrs. Me-
Carney la OF prepossesslng appearance
but apparently Of delicate physical
condition. She occupied scat near
Attorney General Nicholson and list
ened very attentlvely to the testi.
mony as given by tho witnesses.
Ella d. Henderson. au aged woman.
and who resided next door to Mrs,
McGarvey, was the first witness call.
ed. On many occasions she had at
tended to her during sickness and
atterwaru had provided her and her
family with food at her home. She
had provided her with nourlshment
because she believed che was In need
OF it, seeing nothing about the house.
Sile was also without a nurse. The
witness then left the stand.
Mrs. McGatTey was recalled. but
nothing material was brought out nv
Mi. Byrne In the cross examination.
excepting that her husband had agreed
to hire nurse for her. but she refused
because he could not at that time pay
for Ter.
! State Detective Mcvey was called.
He was employed by the Pussy and
Jones Company at the time McGarvey
was and while there considered the
defendant good mechanic. lie had
scgl him at work in the boiler shop
and considered him all expert at the
work.
MIR. McGarvey was recalled. He de.
i IA VA rl nd Ia hA
lity OF rlverLer on boilers at the
Pussy and james Compnny's Works.
In reply to n question from MIR. Byrne
the witness replied that on many Of
the nighls he was away from his home
lie was doing political work. =
! Argument on the case ended at 10
O'Clock, after which the court reserved
Its ruling.
/ William T. Lyman asked for a con-
tinuance until Tie September term
In the case OF Max Gelst, indicted for
receiving stolen goods when was
granted.
AN ATTEMPTED RAPE.
Sheriff Gould then brought into
court Charles kinslow, colored indlct-
led Tor attem Dting to rape little Susan
Price, also colorej. This prisoner ap.
lpeared very much affected. evon be-.
,,nnto thv hSniiuS VI lue tebbimonys
Victor b. Woolley appeared as his
counsel. ana Christopher w. Ward for
the State. The prisoner is q boy OF
Iahont years OF age and mulatto.
AFTER the Jury was drawn Mr.. Ward
stated tie case to tho body.
| Susan Price, tho victim, was called,
She 10 only IA years OF age and resides
at Van Dykes station. On Friday,
Dec. 20. 1888, ate was going TO attend
Ia festival ut the Ehenezer Church As
she WIS going along the road kinslow
Iappi cached Ter from behind and SELF
Iod her. After asking her q question.
he made an Indecent exposure. She
told him that il he persisted In abus-
ing her she would call for Mira. Ridg.
way. with whom She intended stop
ping before going TO the festival.
u lie threatened her life II she made an
out cry but she did. He then gagged
her with one hand and with the other
,dlsarranged her clothing. At this
time Nr, Griffin drove up and the prls.
onor made his escape. She was taken
TO Mrs Rldgeway's homo where she
remai ned during the night and in the
morning her parents were notified Of
" hat had occurred.
On cross examination she said she
had known tho prisoner for two years.
icomrany was not desirable. She had
seen him at church and other places.
but had never associated with him.
She denied ever encouraging the
prisoner in any imm oral conduct. She
donied having told Viola Johnson last
Friday that kinsluw did not assault
her or that eho only brought the suit
to obtain rDy cash compensation She
did not tell JHmes Butcher that Charles
did not hurt her. The child's answers
were HAT contradictions and were not
shaken by counsel Tor the prisoner.
AndIew Price. tho father OF Susan,
took the stand and told of his daugh-
tel coming home the following day
what had occurred and after hein :, -
formed found her uEderclothing torn.
When he went to Mrs. Highways
house she told linn OF hearing crlee
along the ROAD and afterwnrd Susan
came 10 her house. A warrant was is.
sued for kinslpw's arrest but lie
could not be found by Constable Du-
hathaway.
i lie witness then loft the stand.
The reGoguiZhnco of James Tees,
Charles b. Doughcrty surety. was de.
clared forfeited ard u capiaB ordered
for his Appearance. lie Ia charged
, with ;tOn'sHpDorL
!, Tho grand iury returned true bills
against I'd. Me onnull and Frank j.
Mulln for prize lighting. Grand
Juror Donovan was excused and court
adjourned.