Evening journal., 1895-11-21
MORAHAN'S GOOD LUCK.
Grand Jury Brings in a Bill
for Manslsughter.
WILL NOT BE TRIED FOB MURDER

guilty OF Larceny-AiphouaO Davis
Scored a Touchdown Against the State.
A true bill has been found by the
grand Jury against John Dougherty for
tine murder of Gustav Erickson, near the
Pullman shops. this city, on September
16 The accused was arrslgned In the
Court Of General Sessions yesterday
afternoon and pleaded not guilty.
When asked II he had lawyer
he gave a negative reply. He named
a. H. Ward as his preference
but that lawyer asked to be excused,
saying that IL would interfere with other
business. Ex Mayor Austin Harrington
was then chosen and consented to stand
between the prisoner and the moose
Most of the afternoon was spent In
trying Kate Wolf for robbing a Market
street boarding house. Josiah Marvel
represented her aud set up an excellent
defense considering the nature Of the
case
The state called Mrs Annie Fitzgerald,
proprietress OF the boarding house
81 employed her as a servant" she
said, land missed the goods about
week after che left. A search warrant
was procured and the goods found in her
trunk
Miss Tillis Peterson and Policeman
Massey were also called for the state.
Mrs Wolf WAS put on the stand and
entered a general denial. She resided In
Harrisburg aud Philadelphia before
coming 10 Wilmington. and had 10
yesr-old daughter to support.
Attorney General Nicholson and Mr.
Marvel argued to the jury, which Isfter
being out a few minutes, returned a
verdict of guilty, but with Irecommen
dation for mercy. A plea OF nolle pro
seoul was entered In the two other cases.
Mrs. Wolf, being unable TO pay a sne,
was sentenced to pay SO cents restitu-
tion money, costs aud be imprisoned for
one month.
Elizabeth Price. colored, was con-
victed OF stealing $50 worth Of jewelry
from Mrs. Edward, the jury not even
leaving the box. Three months at New
Castle and $50 restitution money con-
stituted the sentence.
When court opened this morning
Delaware had no attorney general. Mr..
Nicholson went out OF Office at midnight
aud Mr. White failed to qualify until
late this morning. This led to the
General Sessions business Logging for
some time after court met.
James Dil~orth, Of Christisna hundred,
one Of the Oyer and Terminer jurors, was
excused from attendance on account Of
physical disability.
Chief Justice Lore asked Mr.. Harring
/ ton, counsel for Dougherty, the alleged
murderer of Erickson, il he was ready to
proceed with the trial.
He desired to make a motion for a
continuance, but said that II would be
| Impossible to do so on account Of the
| attorney generals Office being vacant. The
court agreed with him.
Several minor offenders we're marched
to the dock and sentenced.
Frank Dugan and Alexander Flnney
/ colored, were each sentenced TO ten days
/ imprisonment for carrying deadly-weap-
ons. Harry McCann WAS sent over for
one month for larceny.
Attorney General sworn 10.
Attorney General Robert @ White
was sworn Iinto soffics by Chief Justice
Lore at II o'clock this morning ,The
ceremony took place In the judges
pArlor in the presence of Governor
Watson. Secretary Of State Whlteman,
ex-Attorney General John R. Nicholson,
ex-Mayor Austin Harrington. ex-
Chancellor James l.. Wolcott. Hon. a.
O. Conrad, ex City Solicitor William 4.
Lyman, ex.Deputy Attorney-Gene raj
Thomas Davis and Register Of Wills j.
/ Wilkins Co och. Governor Watson pre-
sented the commission, which was
subsequently, read In open court by Clerk
Of the Peace Fosrd. After the induction
Into Office Mr. White was the recipient
OF congratulations from many friends
aud acquaintances. sPeter L. Cooper, Jr
has also qualified as deputy.
DouKherty Has Untn Monday.
After Mr.. White had been sworn in
and qualified, Mr. Harrington asked that
the Dougherty case be continued until
the February term. on the ground of
absence of witnesses. The court refused
TO grant the motion because Mr..
Harrington could not make affidavit th al
the absentees were material to the ca Sc
at least not until he had seen them he
said that he knew or a case In which h I
continuance had been granted with ike
circumstances surrounding it.
Judge Cullen said that there weri
three capital cases in Sussex in which
only one day was given for preparation
for trial.
Mr.. Harrington said something whicl
Judge Marvel Thought was renecblon OF
old Sussex and brought out the judicia
retort that Sussex WAS as good as New
Castle, any day
The court decided that it could onl.
give him until Monday to lay lega
| grounds for continuance or 60 to triA
Walter II. Hayes, counsel for Waite
Nicholson, charged With driving of
mare without the consent OF the owner
moved that the Indictment be quashed ol
the ground that the charge WAS no
specifically set forth. 1t was argued b
him and Attorney. General White. Tn
motion was denied and the trial get 70
to o-morfow morning
The 6rst Jury this morning was draw
to try the case Of the State VS. Alfons'
Davis, young white man, who ha
pleaded not guilty to the charge Q
driving off a horse from the stable o
Joseph Richards. of Pencader bundrei
on Ostober 20, without the consent o
the owner.
Richards WAS called. He said he Wa
asleep when the horse vas taken
? Wesley Richardson, colored. Alber
Howell aud Harry Crosden testified I
Z finding the team ard to other circun
stances surrounding the misdemeanor.
Davis's Two witnesses did not respon