Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1896-02-10
FROM JAIL TO FREEDOM.
States Evidence Not Strong
Enough to Convict Griunsge
EoLLE PRosFQUI PLEA ENTERED

and 30 Imprisoned for One YoAr-son-
tence Of Warren Marshall Deferred.
There Is not a happier mulatto boy in
New Castle county to-day than David
Grlnnage, Of near Newark. At 10l
o'clock this morning the shadow OF the
gallows was on him, and at 10 80 o'clock
by the grace Of the state prosecutors. he
was free TO 90 wherever he pleased, for a
plea OF nolle proaequi WAS entered. He
winked as he was marched into the court
OF Oyer sno Terminer by the tipslave5,
and he laughed es he walked out alone.
This was the day set for his trial for
the murder OF his grandmother, Harriet
Lewis, near Glasgow, about six months
ago, the grand jury having returned an
indictment for murder In the first
degree.
In anticipation Of the trisl the special
panel Of Jurors was In attendance, TO
gether with q large number OF witnesses
from Pencsder hundred
Josiah Marvel, attorney for the accused
was In the court room fifteen or
twenty minutes before the judges took
their seats on tho bench, and consumed
the time intervening in arranging his
papers and chatting with friends.
At 1902 the judges, headed by Chief
Justice Lore, filed in and took their
seats on the bench, the associate force
being augmented by the presence OF
Judge Grubb. who sits ia his own county
in csses requiring the unkindly Offices
OF the Cour5 of Oyer and TsrminCr.
Crier Smiths Hear YEP rang out like
a clarion.
A few moments lster Deputy Attorney.
General Cooper walked in.
The court asked II the defense was
ready. Mr. Marvel said that he had all
his witnesses In hand but that a plot OF
the scene Of the tragedy, which he had
ordered Mr. Carswell to prepare for use
In the tiial, was not com mplsted, and
might not be until tomorrow morning.
He did not suppose that he would need II
to- day, but. in case Mr. Carswell should
fail to have It done by to morrow
morning. he would like It understood
that ne should not be compelled TO 60 on
without 1t.
The court told him that it did not
regard the absence OF plot Of sufficient
Importance to delay the trial, snd asked
Mr. Cooper II the state was ready de re-
piled that be preferred to wait until the
arrival Of Attorney General White, who
would arrive from Georgetown on the
10 l6 train. This led to e short delay.
When Mr. White arrived he walked
into the court room, and, addressing the
court. said:
"If Il please your honors, this prisoner
was arrested prior TO tue last term OF
court At that time my predecessor in
Office failed to get sufficient evidence 20
present the casa to the grand jury We
al Il I.I Nar 81 .. q
purpose of securing, Ii We could.
sufficient evidence TO convict Since that
time we have discovered some other
evidence which simply Increases the
volume but not the degree We Thought
we would be justified IN presenting that
evidence to the grand i1ry. That body
saw fit TO return true bill. We have
given this testimony a good deal Of
consideration and have weighed it IN
sll its. besrings We feel that
va have not enough TO ask
Jury for a verdict Of guilty. We must
prove his guilt beyond q reasonable doubt,
and we cannot ask q verdict, as we are
unable, with the evidences In hand to
prove bis guilt beyond that reasonable
doubt There Is a number OF witnesses
present at the expense Of the state. Ia
view Of the facts as set forth we think it
is proper for us to enter a plea Of nolle
prosequi, aud, with the permission Of the
court, We will noW enter that plea
Chief Justice Lore-"The La vests 10
you proper discretion In matters Of
this kind Il is your duty TO sea that
Justice 10 done and that you save the
county costs. We heartily approve Of
your action.
Grinnage was sent for. Two tipstRves
marched him into the box They had
probably told the prisoner the good
news, for he Winked at q friend ss he
passed the jury box
Chief Justice Lore -"David, stand up
The attorney general, owing to what he
conceivss his duty and because Of bis
inability 60 secure proper testimony IN
your case, has asked leave TO enter plea
Of nolle prosequi The Court has granted
that order We learn that In your case
while there is no proof positive, there Is
very grave suspicion against you and
there are circumstGntial facts about the
case which throw the crime at your door
You may bs innocent OF the death
Of that poor old grand mother
aud upon that presumption the court
will dismiss you. but il you are guilty.
while You escape from this court, you
have got to aosount for your crime at
another bar, where no evidence Is needed
but that Of your own heart. So cohduct
yourself hereafter that not even q shadow
Of suspicion can fall upon your path Be
O good boy and a good man. You are
now discharged Go where you please
Sheriff let him 60
There WAS applause from the witness
chairs, whore large. numbers Of the rela
rivls and colored friends OF the prisoner
were seated. Crier Smlth yelled FOR
silence and Chief Justice Lore raped bis
gavel sharply. This had the desired
effect
Grinnage walked out the back way.
nodding recognition to Delaware Clark,
his old employer, and casting grstultoua
smiles all around. His father snd mother
were both in court
The murder OF Harriet Lswis remains
unavenged
It took the clerk Of the pesce some
tine after court had adjourned 70 psy of
the witnesses Ia the Grinnags case.
IL Was a Costly Case.
T5e expenses attending the fruitless
attempt to convict David Grinnage
Of the murder OF his grand