The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-12-01
.DIUuBBN
NOT GUILTY
So Says the Oyer and Termi-
ner Court Jury.
n 81 TRIED ON Nass COUNTS
Corr's Charge Was Favorable to
tn Prisoner-Over an Hour
Deliberatin, - Clayton's
Indictment Quashed.

This morning saw the beginning of the
end of the Oyer and Terminer court case
of alleged a 'Son against Dannis Din.
neen, the middle-agod Irishman, who sat
In tho prisoners dock all day yesterday
and listened attentively to the strong
chain OF circumstantial evidence which
connect him with the burning Of his
farm prpperGies out near Hook )ssin on
the MOI ming of October3
L Deputy Attorney General Cooper having
/ concluded his opening argument for the
! State last night, Walter Hayes, tho pris.
oner's counsel, made his initial remarks
after the opening of session this morning.
\ Mr.. Hayes carefully reviewed the testi-
mony which appears III another column
and laid particular stress on that bearing
| on the portions of the bodice found under
the kitchen Of the Koch home. He hoped
the jury would weigh and sifJ that testi-
mony with the greatest care.
He felt that the state was lacking in its
case, principally because Of having failed
to prove proximity to the place at the time
OF the alleged crime. He defined the jury
as a bulkwark and the only one under the
law Of thn state between the prisoner
himself ana the penalty OF the crime. Ho
did not bellows The day had come when u
jury on II charge of this kind, on such
testimony and with such slight interest
on the part Of the state, would find a man
Suilty VI sll''li II CEllUc Ilt tOtlCiulSl WIN
the admontion that the verdict of guilty
GOULD ouly be after all reasonable doubt
was ttisDyilcd
Attorney General White, for the States
closing Argument dwell on the assign
ment CT tha Insurance policies by Dinneen
TO Sarah Ann Norris, which was brought
out in the examination Of Thomas j. l..
Baldwin and on the evidence bearing on
the burned bodice. Mr.. White considers
tho defen59's case rs ingenious and at the
same iu.c absurd and ridiculous. He re.
carried the nltbl rs II boIStN,ul up affair
which in no way went 10 impair the case
OF the state.
The Argument was concluded at seven
minutes after II o'clock judge Cullen
Oh .rgtd The jury, occupying twGnty-threc
minutes. Ii was Giadrly III favor of the
prisoner, the strongest statement being
that there was no direct and positive proof
on the part Of the State. The court mOdi
fled the remark by explaining that no one
bad seen the prisoner fire the buildings.
CiIcum5 tantiAl evidence was clearly dtiin.
ed, and tho july Informed that it alone
was to pass upon the cIoliblIty of tcstl.
mony offered by relatives Of the accused
man
DtNNEES not GUILTY.
The jury, after d3libnratinE six y fl We
minute, returned II verdict Of not guilty.
p SUNNI S'tIAiSAi u 'ii'' rVNi II ~ NtiN
Mr., Hayes.
Despite the verdict DntAn is still far
from being free man. The State has
two more COlnts against him; that of
burning he wOodahad and barn on the
Hockessin property These cases, Deputy
Attorney General Cooper announced he
was ready try, but COUNSEL on the other
hand thought he should haze II lilLlc time,
50 tho prisoner was led buck to his cell in
the basement Of the building to be return
ed this afternoon
CLAYToN's INDICTMENT QuAsHED,
Henry G. Conrad and Frank Biggs came
Into court in behalf Of John NJ Clayton,
the Republican of St Georges Hundred
who is under indictment for having at
tenn ed to brib" over George ID. Carswoll.
En- lie ton vote 5 assistant at the polls in
She eas orn district of Il. Georges Ian
dred Mr.. l}jsSS moved that the indict-
ment agnins Mr.. Clayton be QuashGd on
the general ground tina" the STATE in
drawing the Indictment had failed to set
out specifically any Illegal act on the part
Of the detcnhcnt above the allegation that
hs did ur attempted to bribC an election
officer Counsel presented IN abundance
of law in support of his contention.
He spoke half an hour Afturn,y Con
eral White dcfAHhCl th3 Indictment AS
drawn and OFF, no legal authority in
support of it, c';'mlng that it would have
ben absolutely impossible for him or his
deputy, to have drawn an Indictment in
The particular case as counsel on the other
side believed should have been drawn
Flu thor than TINT, he had nothing It. say.
Nj Cooper spoke briefly Chief Justice
Lle announced the courts decision,
which supported the contention Of Mr.,
Bgss, but in 50 doing told tho state AT
torneyS that the action was because of no
fault Of theirs but Of he statute on tho
matter Thus ended the case and Mr..
Clayton walked out Of court free man.
Another matter In General Sessions
Court WAS the sentencing Of Tobias
johnson, the young C0lnrGd man, who
pleaded guilty tOstrHllngS 81 worth OF brass
from the Diamond State Iron Company.
Josiah MarNil his counsel, pleaded elem
enry but tbs court showed none.
johnson was trustworthy employee of
the company, the court said, and Us he
had proved himself unworthy Of the con.
fldenea his punishment, il light, would b.
dangerous to other mun in bis position.
Therefore, the cOur. felt compelled to
sentence tn" prisoner b. be whipped with
ten ln,hrs On Sauuu.uy and serve two
mon tbs imprisonment
Court IT CrSsud until = - q clock