Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-09-20

= Associate Judge Cnnrles Nj. cullen were
on the bench.
Ex-Attorney. General John Biggs
asked continuance In the case Of
Hannah Wheatly VS.. the r., w. 81 b.
Railroad Company, as the pressure of
criminal business this term will inter-
fere with the proceedings of the superior
court. Senator Gray and George v.
Massey represent the defendant com
pany. Mr. Massey agreed to the con-
tlnuance and asked for special jury in
tho case. 1t was granted. The case
was set down for November 18th.
Ex-Recorder of Deeds James r.
ShallcrOss was chosen as foreman of the
grand jury.
Attorney General Nicholson entered
nolle prosequi in several cases against
merchants and business men who were
indicted at the last term of court for
failure to pay their customary license
fec but subsequently came forward and
paid their fine and costs of prosecution.
The court announced that the list of
civil causes would be taken up to-mur-
row and disposition made of some of
them.
In the case against Clifford Hand,
indicted at the last term for burning the
barn of his brother, Alfred Hand, on
the night of June Goth, 1899, a jury was
drawn.
George X. Lodge appeared for the
prisoner. The latter, small withered
man about 80 years old, with small eyes
and sullen countenance, was brought
up and placed in the prisoners box. IL
is claimed that he is addicted to tho use
of laudanum and was under its intoxi-
eating influences at the time the barn
was set on fire.
James Hand testified that he was
told that his brothers barn was on fire
in June, 1893, but did not get up from
his bed to see the conflagration. The
prisoner came to the house of the wit
ness that night and said he had given
Alfred Hand some flashes TO spread"
Asked what he meant by this, he said
ne had set his brothers barn on fire.
The wife of the former witness testified
that she saw the burning barn and re-
inembered that the prisoner was at the
house of her husband the night Of the
fire.
The indications are that the case of
Albert Stout, charged with the murder
of Katie Dugan, will not be tried at this
term of court as there Is murder trial
set down for next Monday, and 1t will
be impossible to finish it in time to take
up the Stout case next week, should the
jury return q true bill against the pris-
oner. 1t is understood that even II the
grand jury should indict Stout he will
not be tried before the November term.
The grand jury returned the follow
ing true bills of Indictment: Carrying
concealed deadly weapons, James Guy,
j. G. Kelly and William Gray. These
bills were ignored: George Taylor, II.
Gillen and Arthur Freeman, charged
with carrying deadly weapons.
In the general sessions court Mon
day afternoon George X. Lodge, coun-
sci for Charles Clifford Hand, indicted
for burning the barn of Alfred Hand on
June Goth, 1902, asked for non-suit on
the ground that the State had failed to
prove that there was any criminal in
tent on tho part of the prisoner. The
barn may have been burned by the
prisoner, Mr.. Lodge said, and it may
have been burned by accident. There
is no evidence that a crime has been
committed, he commended.
Mr.. Nicholson was about to reply ia
Mr.. Lodge when the court decided that
it did not desire to hear any more argu.
ment on this point. Judge Cullen said
IL was matter tOf the Jury.
Mr.. Lodge then called Mrs. Mary
Cameron of No. 1443 Ridge avenue
Philadelphia, after first stating that the
defence of the prisoner would be al
J n alibi. Mrs. Cameron said she was a
the house of Charles O. Hand the nigh
I of the fire and the prisoner was In bed
The witness remembered that she called
TO him to get up and see "Jock o. Ian
tern coming up tho roads," Hand go
up and when he saw the light he said
"fhat isn't Jock o. Lantern, that's |
barn on fire." Hand then went dow
came back he said he didn't know wher
the fire was.
Goldie Cameron, the 10-years-o Of,
daughter of the former witness, corrobo
rated her mother. The defence her
closed
Mr.. Nicholson argued for the Stat
that the Jury had Hands confession
tqat he burned his brothers barn.
Mr.. Lodge, in regard to the comics
sion, said Hand may have been drum
when he made it, He said he could nc
be held responsible for what he had sal
while in that condition. No motive ha
been proven for the burning of the barr
anu there has been no proof of wilfu
and malicious burning. Mr.. Lodg
pointed to the strength of the prisoner
alibi, and said that the testlmon
offered by the defence had not bee
eontroyerted.
Mr.. Nicholson finished his argumen
a in behalf of the State. He impresse
W upon the jury the fact that Hand wen
TO James Hands house the night of th
fire, told him he had burned Alfre
Hands barn, and said his own sleig
was not burned, for he pulled it out.
Judge Cullen charged the jury. II
held that the State must prove beyon
reasonable doubt that the barn wa
wilfully and maliciously burned; that
it must be proven that there was inter
to commit an injury. He held thu
unless the corpus deficit be proven th
confession of the prisoner amounts
nothing. If a man be killed, and SON
one confesses that he is the murdere
unless the corpus deficit be prove
there can be no conviction. That Is,
must be proven that the man wi
actually killed or no conviction ca
follow. In this case it had been prove
that the barn had been burned. JUDI
Cullen held that the charge that Han
was intoxicated would not stan
Drunkenness Is no excuse for Grim
The court then charged the jury as
the reasonable doubt in the case, and
conclusion stated that if they four
from the evidence that tho prison
iualiclously and wilfully set fire to IL
barn the verdict must be one of guilt
If on the other hand they found that
was suffering from mania potu and W
not brought to full realization of u