Evening journal., 1894-02-13
THELONG CASE SETTLED
A Brick From John ]. Smiths
Chimney Fell on Her Head.
POOR BILL FAUCETS TROUBLES

POOR BILL FAUCETS TROUBLES
The State VIII Insist on Trying Him Again.
MIR. Chandler Thinks the Present Panel
Is Preiudiced Against Faucett and
VIII Lay Legal Grounds for COntlnu-
ance.
In the Superior Court this morning
John Biggs, representing the plaintiffs
in the civil suit Of William F. and Sarah
Long VS. John J. Smith, reported settle
ment, payment Of costs and the case was
dismissed Bradford & Vaudegrift rep
resented Smith. Mr. Biggs refused TO
give the basis Of settlement.
A hose brick fell from a defective
chimney on Smiths house. No 223 Ocange
street, on February %, 1898 Ir struck
Mrs. Long on the head, injuIing her
severely.
wnl Lay Legal Grounds.
The Court OF General Sessions heard
tue application Of Deputy Attorney
General Branch H Giles for an immediate
retrial for William H. Faucett, colored.
accused Of stealing chickens from New
ton j. Derrickson. Faucet was tried
last Friday and Saturday. The jury
disagreed, standing eleven to one for
conviction.
Lilburn Chandler, counsel for the
prisoner, objected, saying:
"This defendant has been tried and
understand there was an honest differ
ence Of opinion in reference to the guilt
or innocence OF the prisoner, ana that
the men who we're in favor Of
. l..
of his innocence. / don't think IL
Is possible for this man to 60 to trial be
fore this same panel aud receive an i'm
partial hearing. While the Jurors are
good, honest men. yet, at the same time,
they have heard this case, and, doubt
not considerable feeling has entered into
their minds in reference 10 the testimony
and that it would influence them to the
detriment OF the prisonsrs. 1 therefore
ask that the case be taken up before a
new panel
Mr. Giles said that such an objection
to panel had been negatively passed
upon by the court. Tue defense could
challenge for cause, but not otherwise.
| Mr.. Chandler ssid that was a different
case, bat the court said the principle was
the same. Mr. Chandler said that imme
date trial would interfere with his civil
business.
The state replied that the case must
be tried this term, and TO put it OF
longer than this afternoon would inter
fere with the Superior Court business.
Mr.. Chandler, seeing that he could not
have the matter carried over to the May
term. said he would lay legal ground for
continuance. holding that material vii
laesses were 'absent. he was instruct et
TO lay his grounds this afternoon. Th'
sheriff has brought over both Faucet
and Young.
Mr.. Churohnan Wants Trial.
William Michael Byrne asked that thl
case of George H. Hollis vs. H. E McOaf
feriy be continued to the May term.
Philip Q Cburchman obj,cted 81
said he had notified Mr. Byrne that hl
would insist upon a trial. The cas-
was continued from the November to thl
February term on peremptory order fo
trial He thought two weeks suhicien
for Mr.. Byrne to prepare for trial Tn
case was relegaled to the foot Of the list
The Rutter Cases Go over.
3 On application Of William 7. Lyman
J the two cases Of Bennett Rutter VS.
! Lydia A Springer were continued to tn
May term.
John AppletOn's Creditors.
A jury was drawn TO try the case of
M. Reynolds VS.. William d Howell
: garuishee Of John Appleton. J. Fraul
, Biggs represt nted the plaintih an
! Harry kmm ons the defendants, executor
Of Mr. Appl eton. who died at Odess
on July 1S, 1892 Howell was MI
p | AppletOn's tenant and cultivated tn
farm on shares Reynolds q Co, I
I whom Mr. Appleton owed money, gai
/ nisheed his share Of the product Of th
farm The claim is 1878 SO, with interes
q from November 10, 1891
William d. Howell, j. Frank Elisso
and John c. StuclSert were called an
p testified that the owners share Of th
4 corn crop was sold for $537 13.
p Ex-Speaker of the House John II
: Hoffecker, of Smyrna. WAS IN court {
testify for the defense.
. The case was still on when court too
a recess until 30 o'clock this afternoon
4 Charles 6 Rumford fled a narr an
Il asked for Judgment in the foreign AZ
, tachment case OF Henry DuPonts ad
4 ministrators VS.. Jgmes Elliott Judl
u ment was given aud jury of inquisitio
J. / will aqeorfain fho amouuf