Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-02-14


was denied. Court denied Mr.. White
mans motion.
The name of John Lally was called,
but he did not respond. Court adj
iourned until $50 o'clock.
John Lally, indicted for illegal regis
tration, did not respond when his namo
was called In the general sessions court
Thursday afternoon. He was in court
in the morning and when he learned
that the indictments for alleged violation
Of the election law had been quashed he
probably thought the charge against
him was ignored also. Atany rate he
did not return at 2.30 o'clock. Not
withstanding his absence, Court decided
to take up the case.
The following jury was drawn to try
the case: T. Purnell Lewis, William
II. Bartnett, Robert Hawthorn, George
w. Dickerson, William II. Weldin,
james McCarter, Nathan Bailey, Robert
Mclaughlin, Frank Hickman, Patrick
McGuery, Lambert h. Kirk, Nathaniel
Armstrong. The following were chal-
lenged by the defence: John I. John.
sou, Isaac L. Finn, George A. Willis,
Thomas Dickson and John Moore.
Frank McCloskey was the first wit
ness called to the stand. The defence
agreed to go on with the case in the
absence of the defendant.
The Encouragement asked that
Lally's bail bond be forfeited. Crier
Smith called his name three times and
when he failed to respond court ordered
the bond forfeited. A caplas was issued
for Lally.
Mr.. McCloskey was then handed the
bouks of registration by Attorney Gen.
eral Nicholson and identified them as
the ones used on the day Of registration.
Mr. Woolley interposed objection to
the books going in evidence but subse-
quently Withdrew his objection.
William j. Lutz was registration
officer in the Third district of the First
ward. He said that Lally registered on
| October Goth, from No. 10j West street.
The witness registered Lally on the day
above mentioned.
Mr.. WOolley asked the witness how
he knew that the John Lally who regis
tered in the Third district, First ward,
and the John Lally who is the defend.
/ ant in this suit, is one and the same per-
| son. The witness evaded the question
at first, but subsequently said he knew
John Lally by sight and saw him in the
court room in the morning. Mr.. Woolley
then called list of John Lallys and
asked the witness how he knew which
4 John Lally it was that registered. AS
the real John Lally was notin court the
witness did not know whether the pris.
oncr was the John Lally that registered
or not.
Harry Ahrens was another registra
tration officer in the Third district Of
the First ward. He testified that he
registered one John Lally from No. 10t
West street but he could not say tina
the fugitive prisoner and the man hi
registered were one and the SAINT
person.
Stephen s. Cook was a registration
j officer in the Third district Of the ThirC
ward. He took the stand but as tn,
registration books used by him werl
, not in evidence, no was told 10 stanC
/ aside.
John A. Butler took the stand. IL
, was registration officer in the Thirt
J district, Third ward. He turned to hi
registration books and found from tn
! entry that flames Lally, 103 Justisoi
. street, registered October Goth, 1894.
He did nJt know the prisoner.
II EuHClo llohcChCIt auObuSl iCSloha
/, ton officer, testified to having regstere
Q James Lally on October 26th, in th
4 Third district, Third ward, but coul,
D not say that he was the prisoner in thi
Q case, the latter being absent
Richard Falls, who lives at No. 10
I West street, said that John Lally hu
Y been at his house, but never lived there
: j. C.Wigglesworth swore he saw job
Lally on October goth and saw him 6
g to the registration polls. The witne:
s afterwards consulted the registratio
n books aud found that he had registere
as James Lally. In reply to questio
u of the encouragement the witness sal
% he met Lally at Second and Jeffers0
o streets Thursday afternoon and he sal
:, he was attending court.
Il The encouragement called the nan
e Of John II. Jones, but as he did Mt
It respond, Mr. Nicholson asked that cou
q adjourn until 10 O'Clock Friday morning
h Judge Marvel who is presiding in IL
l. case, cautioned the jury to hold no col
versation with any one regarding III
d case and if they were approached !
If any one about the case, 10 report Il
g. matter to the Court. The case the
?. went over.
10 Deputy Attorney-General Giles Ell
5. tered nolle prosequi in the case
81 Alexander Waterbury, indited for Ia
Is ceny.
id Court convened at 10 o'clock FridG
at morning, and as several of the jurymC
he were detained by the storm, adiourI
rs mcnt was made until $50 o'clock in Il
afternoon.
T. There were four absent iurymen wht
NJ the general sessions court convened N
~ dav afternoon. As u blizzard would be ca
- sidered the act of God IL legal lore, /
.. iuryman can be punished for failure
ei appear at court.
le Jan Radziszwiski, bogus Polish pries
was brought into court and pleaded gull
I'd to the charge of obtaining money und
ne false pretences. William i. Smailey a
M penred for the prisoner. The latter "
- sentenced to five days imprisonment. T
u Rev Father Leo Of st. Hedwig's Poll
~ Church, was the chief witness against q
MS defendant He claims to have informant,
is to the effect that Radziszwiski acted us
al spy some years ago and furnished inf
ms nation to the Russian government CO
IN corning college in Poland where the pl
~ fessors were accused of teaching the Poll
.h language TO the exclusion of the Russl
IN tongue. 1t is said that owing to the info
ke nation furnished by the alleged prizes
lg number of the professors in the cole
were expelled.
ne JOHN LALLY SURRENDERED.
al When court openedat 10 o'clock Saturd
IT. morning there was a fair attendance
al members of the bar but the bulk of
n iurymen were absent. The panel of ju
,re inen drawn to try the case of the State
IN John Lally, illegal registration, v
T. broken. -Four jurymen were still abse
rs ~ 1t YVES impossible for them to attend CO
NC owing to the blizzard.
d. Attar,p,, ,raneraI Nicholson infor n,