Evening journal., 1894-05-10

offer, but she declined to avail herself of
It because she did not believe the nurse
would ever be paid.
McGsrvey was put on the stand again
to account for eight days and nights he
was away from his home.
Mr.. Byrne-"I ask you II you did not
devote those nights, of which your wife
has spoken, TO furthering you political
interests"
McGarvey-"Someo Of them were"
In his argument before the Judges, Mr.
Byrne said that the court should not
grant an order for support because of a
mans earning capacity, when the condi-
tions Of the times 30 jeopardize
that capacity. The only evil
dence Of failure TO provide was
during i.the nursing period. II was
a failure Of opportunity attending the
general depression. There Is Joint
duty upon husband and wife in ext1emi-
ties TO contribute 10 the family support.
McGarvey's failure to support his wife is
due to want Of labor. He thought the
wife was trying to punish recreant
husband rather than TO obtain support.
Attorney General Nicholson replied
that 10 she were driven from the house
and the husband had not contributed TO
her support, the only thing for
the court TO decide is rs to his
earning capacity. When she dragged
! him from a house Of ill-fame, where he
had been cohabiting with a prostitute,
he said; 81 am going to live with
that woman. You 90 your way; am
going mine. II that was not
turning a woman out the attorney
general did not know what Il was. I'm.
| prisonment was merely a test to deter.
mine whether he had any friend willing
to 60 on his bond for the support Of his
wife.
The court reserved its decision.
The case against Max Goist was con-
tinued until the September term. on
motion of William T Lyman, counsel for
the defense Geist is indicted for re-
ceiving goods stolen from Bsnoroft's
mills by Cunningham and Welsh.
Charles Klnslow In the Box.
at noon a Jury was drawn to try the
case of the State VS.. Charles Kinslow
colored indicted for an assault with
intent to commit rape upon Susan
Price, small colored girl who
lives near Townsend The prisoner
S q mulatto youth. and during the trial
be was a shade or two palsr than usual
Christopher. l. Ward appeared for the
state; Victor B Woolley for the defense
Mr.. Woolley challenged a number of the
jurors
Mr. Ward, in his opening, said that
the state would show that the assault
WAS made on the night Of Decem
Der %, 1S93 while she WAS on her way
from a church entertainment She
screamed before he could accomplish his
purpose. he fed and was only appre-
hended Eve or six weeks ago.
The little girl was put on the stand
She said she lived at VanDyke's station
On the night Of the assault she was oi
her way from Ebenezer Church
Kinsiow made improper proposals
she rejected them. Then ne attempted
the assault, threatening to kill her II she
screamed Mr. Griffin drove along. Hs
scared Kinslow of and took her to Mrs
Ridgway's house The Lext day sh,
went homo and made complaint 10 hel
father She is IA years old
She denied that she told Viola johnson
that Kinslow did not hurt her; and also
denied that her father told her to su,
Kinslow and he would get some money
and get her some good clothes. She
denied certain conversations alleged x
have occurred between her and james
Butcher and Kinslow.
Andrew Price, father Of the girl, testi-
fed that the girl came home swith hei
clothes torn and her gmouth and face in
jured by KinsloW's fnger nails. He haC
the warrant sworn ont by Magistrat,
Naudain the next day after the assault
Kinslow was tracked as far as Dexter
Corner The witness told his daughter
not to tell anything to anybody laoou
the assault
at the conclusion of his testimony
court took a recess until 30 o'clock
On motion of the Attorney Genera
Grand Juror Donovan was excused.
The recognizance of James Tees
accused of failing to provide main
tenance for his wife, was forfeited. ant
capias was issued for his arrest
Cherries B. DougheIty is his bondsman.
True Bill Against PugiIists.
The sitting of the grand jury thi
morning was consumed In hearing wit
nesses in the case Of the State VS. Fran
I els j. Mullin aud Edward Mcconnell
accused OF prize fighting A number o
pugilists and others interested Wer
heard. The jury found srue bill.
Union Park Withdrawn.
In addition to the list Of license re
monstrances published in the EVENING
JOURNAL yesterday, Hugh Lynch, VIII
keeps place az Eleventh and Walnu
J streets, is also demonstrated against b.
the Law and Order Society Rene
FOugeray has withdrawn the Union Parl
: application.
An Orthodox Quaker Lawyer.
Howell S. England will, on Monday, b
admitted to practice In the Delawsr
courts He read law In the Office o
Bradford & Vsndegrift, and recentl
I passed croditable examination before th
, Bar Committee He will have his oiiic
In the Bayard annex.
Mr.. England was born in PhilRdelphia
! but came to this city at an early age
/ He took a preparatory course In
: Quaker boarding school at Westtown
> Pa, and subsequently, after a FIVE yeari
course, graduated from Haverford Col
+. lege with the degree Of A. M. Thre
Z years ago he began reading law Sewers
months ago he WAS appointed notsr
p public by Governor Reynolds, succeedin
Alan Cunningham, who removed to the