Evening journal., 1894-05-16

The italian Names Were Not Known,
Hilles:
II only have this to say, that as far as
the names OF these witnesses are con
cerned, the Italian names were not
known to me. How our friend has as
certained that they are not known here
do not know.
Attorney. General Nicholson - eve
have ascertsintd since the affidavit was
read
Mr.. Hnles-"My information did not
come from the prisoner, but from
people outside who are looking
this matter up. As 10 mis-
carriage Of justice. it is certainly
the right-apsrt from any constitutional
right-of this man to have sufficient
time TO get his witnesses before this
court Not those that my friend thinks
Of Importance TO his case, but those wit
nesses which the accused thinks OF i'm
portance to his case To get these wit
nessea In attendance at this court Is
what we desire. | ask my friend
and your honors what miscarriage
of Justice can there be with q man in the
custody Of this court, who can't give
bail Tor whom there Is no possibility OF
escape, asking that his case be contin.
ued, as has been the universal rule OF this
court in all felonies, and especially In cap
ital felonies-wbat miscarriage Of Justice
can there be In allowing him reason
able extension Of timer This Is the first
application made, respectfully submit
that the state or my learned friend
should not be the judge of the mater
iallty Of these witnesses. The testimony
OF these witnesses is absolutely material
to the defense.
The Court-"These witnesses live In
Philadelphia and Pottstown. You have
the assurance that they will come here
as soon as they know that they will not
be arrested You can give them that
assurance They are within thirty min
utes or one hour OF this city by rail.
Can't You have them here by this day
two weeks2"
Mr.. Hillee-"I can only say that the
man who saw them says that they will be
willing TO come TO the next term Of
court Those witnesses are not people
such rs we usually find In
cases where our own people are tried
They are migratory persons, here TO dsy
and gone tomorrow They get lost In
some Italian colony and IL requires a
great deal Of effort 10 ind them Fur
ther than that. their impressions of
Justice are different from intelligent
people. They went from this city in
order TO avoid arrest and as soon as
they get definite assurance that they
will not be arrested they will come II
you fix two weeks from now my friend
and myself will do our best TO get them
here
Judge Cullen-"Why don't you take
out your aubpmnRs to-day and then make
your application TO the oourtf'
Chief Justice Lore-"rake ont your
subpmnas returnsble forthwith, anC
make ont your application on that re
turn
AS the return Of non est will be made
this afternoon by the sheriff, the addi-
tional jurors were not discharged foI
two weeks That matter will be de-
termined this afternoon, when formal
action will be taken on the application
for a continuance Then the jury will
either be ,ischarged for two weeks ano
the case tried, or carried over to Sep
tembsr.
The witnesses in Philadelphia are
Thomas Audora and Paschal Scarpillo
while the man in Pottstown Is Thomas
Santisi
| ~ was MOI NhNAAEu ONNNs
This afternoon the sheriff retur nee
the subp@nas for the Faiua witnesses nor
est and Messrs. Hilles and Byrne asked
for a continuance The court set MAJ
81, as the day for trial and the additiona
jurors were discharged until that time.
Matters in the Superior Court.
The Superior Court then proceeded tC
work. Willard Salisbury, Jr., aske'
, for and obtained special jury Ia thl
damage case Of Benjamin Mills VS. th
, Wilmington City Railway Company.
The case OF William NJ Stuckert We
, the Diamond State Iron Company, Sc
, for trial to-day, was carried over to tn
, September term because Of the absene
! of two material Witnesses
Mr.. Cooper asked for a continuance o
the libel suits Of Samuel g Fisher an
Walter Robert Walters VS. the Republi
can Printing ani Publishing Company
; on the ground that Adolph Burnite,
compositor, who set up the allege
4 libelous article, is in Philadelphia. H
D called George W. Vernon TO testify. MI
0 Hilles elected the information tina
: there had been practically no effor
d made TO get Burnite, AID obi bjscted to
70 continuance, asking Mr.. Vernon what b
| expected 10 prove oy tuo cum mpoHiNul
To this MIR Cooper objected strenuously
Q After a heated argument the matter wa
r carried over to this afternoon.
In the case of James +, Wood VI
q William jerks Fell, William S Pricketi
8 counsel for Fell, gave the plaintiff judl
u ment for 500, without stay Of execution
The case of L. & L. A. Kittinger VI
Q Hannah Mcdowell estate, set for trial o
May "a, was, on motion Of Colon'
Nields, continued to the February tern
a under peremptory rule for trial.
4 There win Be Case Stated.
a Edward G. Bradford made a statsmer
= c 5neerning the cases Of Hood Wrigt
q VS.. Edgar Chandler, W. Scott Vernon
% Howard E. Vernon, George Churchms
d and William +. Robinson, assignees {
70 Henry O. Robinson He said that I'll
II cases were calendared for tomorrow
!. Counsel on both sides recognize thi
10 there are certain question of law th'
IN they want to present to the court, an
t they have agreed upon a case state
,e There will not be time for both argumeV
Df and trial at this term and continuRni
was asked for and granted, provide
Il.