The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-09-28
IN THE COURTS.
Considerable Business Trans
acted This Morning in
CRIMINAL and Superior COURT.
The Capital Cases Will Come
Up Tomorrow.

Oyer and Terminer Court did not get
down to business this morning owing to
rush OF Superior and Crimial Court mat
tiers. This afternoon other minor matters
Will BIO transacted and with session to.
night to court hopes to clear the docket of
oil the minor cases so that that the capital
cases may be taken up In the morning.
Deputy Attorney General Cooper and
Edward H. Cochran, Jr, are having a tug
of waf tino over the Thomas McNubb
case. He Is indicted for using two girls
under tho age OF consent for immoral
purposes, and the State Is very anxious
that 1t b. tried, So is Mr. Cochran, but
not lSltil Charles Mousley can be brought
into this jurisdiction. This morning Mr..
Cochran presented his legal ground for u
continuance and the State lost again when
the case was set for trial on Wednesday.
McNabb hopes to prove by Mousley that
they were together on the night the crime
Is alleged to havo boon committed
William Thomas, the young coored
man who pleaded not guilty on Saturday
to entering Il pullman car at the p, W, 81
j. Railroad depot and stealing coat and
vest, was brought in and changed his plea
informed the court of the circumstances
Of tho case and Judge Marvil sentenced
prisoner to DO whipped with ten lashes and
serve six months Imprisonment.
Matters OF vital interest to tho progress
of the Wilmington and New Castle Elec.
trio Railway Company were brought up
by Peter L, Cooper. He represents the
company md in potetion stated that tho
corp0rators and the trustees Of the In
manuel Church al New Castle lud failed
to agree upon price for u piece of tho
Giebe properly upon which IL bridge will
be built over the tracks Of the r., w. q
b. Railroad.
Mr.. Cooper wanted commission ap.
pointed tc view the property and assess
damages and John ii, Rodney, who up.
poured for tho church trustees, agreed
with him. The commission will be APP
pointed in II few days.
Harry Whitcman, who appears for Tho
mas Willis, tho colored man who stands
indicted for tho murder Of his child, out
at Hockrssin, and who has acknowledged
the crime, asked the court for u continu-
ancc in the case until the next term, ow
ing to the absence from the State of Ber-
nurd and Ella Willis, witnesses material
TO tho defense.
Counsel explained that tho witnesses
were not in the state at the time the crime
was committed but it was his object ~
prove by them facts leading to the COM
mitment of the crime. Attorney General
White said he was not SO anxious for
trial mt this term OF court, that the prison
er would not DO given fair and Impair.
tial trial, therefore was satisfied with
whatever disposition tho court made of it.
The ninth day Of November was fixed for
tho trial.
There appears to have been an under.
standing in the Christopher Bonish case.
On Saturday Attorney General White call
ed the case but B0nish failed to answer
An attachment was issued and upon it
the defendcnt was arrested,
William z kurtz appeared this morn
ing and asked that tho forfeiture of the
recognizanuo ba removed rs his client had
no intention Of evHding the order of tho
Court COLnsul had consulted with Mr..
White about the cas- and they had agreed
to try it on Saturday next, but MI White
had forgotten about it.. He acknowledged
his ioreetfulncss tho prisoner was released
and the forfeiture of his rccognizauco re-
moved. Tho charge is non.suppOrt
Harry VIII tcman capitalization in the
divorce case OF Monk vs. Monk.
HIS INTENTION WAS MURDER.
James Ross colored, wanted TO change
his plea OF not guilty to tho indictment
charging him with murderou5ly ASSAULT
ing Thomas Green on the 23i day OF May
to one of guilty of common assault, but
tho state would not accept the plea and
the case wentto NlGL Deputy Attorney
first called the prosecuting witness who
told Of meeting the prisoner at Taylor
and Church streets. The witness was
with womu u named Lille Blackburn,
which caused Ross jcaiouscy to show
itself.
The man left tho saloon and when the
witness came out boss threatened to
make him Jump of the earth" The
witness said nothing but Ross shot him
In the knee.
Austin Harrington, who conducted tho
defense, took the witness in hand for the
cross examination. Thomas was work.
er at the Addichs nomination on that day
and first saw Ross at the polls Tho wit
ness had not bUen drinking. Mr.. lIarriny- |
ton tried to prove that the mon met in |
the saloon and that tho witness had declar.
cd he was going to got his club and do |
Ros5,' but She witness positively denied
such u story. He denied having been |
with crowd whlch chased tho prisoner
Harrison Perkins 10 year old colorcd
boy who was also shot by Ross went on
the stand but before ho could bo sworn
wDpt bitterly. Mr.. White allowed tho
youngStcr to leave the stand and called |
George Taylor who swore that Ross had |
knocked him down. Then Green appeared
but took no part in the fight. Th0n tho |
shooting occurred The witnest was under |
cross examination when court recessed