Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-19
A VERDICT OF NOT GUILTY
Daniel w. Taylor and Edwin Fl.
Gayley Acquitted.
A SERIOUS CHARGE NOT PROVEN
The Evidence Insufficient tC
Sustain 1t.



old established banking firm of Heald &c
Co. eliminated Thursday in the issuance
OF warrant for tho arrest of Edwin III.
Gayley and Daniel W. Taylor, co-part-
ners in the finn.
The warrant was issued at the in
stance Of Frank Dilworth, farmer in
Christiana hundred, and contains
charge OF embezzlement,
Diworth alleges that during the
month of January, and few weeks
before the assignment q Heald & Go.
he placed with the firm 81. 400 for in
vestment in the stock of the Philadel-
phia Traction Co. He further claima
that the firm gave him a receipt for
the money and 81. so additional, repre-
senting the commission charged by
them for making the transaction. The
stock, he alleges, was not turned over
to him, although he claims that the
firm represented to him that they had
made the purchase and were carrying
the stock on their books for him.
When the crash came on February
7th, Dilworth claims that he made a
demand for the stock which was re-
fused. The firm, he alleges, claimed
that they had not the stock in their
possession and Dilworth then consulted
counsel, through whom the warrant
for the arrest of Messrs. Taylor and
Gayley was issued.
The charges against the co-partners
comes within the provisions of the
statute covering embezzlement and
misapplication of money intrusted to an
agent or corporation.
The warrants were sworn out Thurs
day afternoon before Magistrate Daley
and placed in the hands of Detectives
Witsil and McVey, who proceeded to
serve them.
1t took long while Monday after
noon and evening to put in all the
testimony and hear the oss-fire of
counsel and argument in the case, but
after all that was heard ii did not take
Magistrate Daley long to give his
opinion on the subject. The Justice
held that the evidence in the case was
not sufficient, and Messrs. Gayley and
Taylor left the magistrate's office free
OF the criminal charge.
The hearing was set for O'Clock.
but it was sometime after that before
the case was actually taken up by
Justice Daley. Lilburne Chandler,
representing b. Frank Dilworth, who
hal brought the charge, was present,
and OIL the other side were William s..
Hilles, II. II. Ward, Hugh @. Browne
and Martin Il. Burris, for the defend
ants. Among the spectators for por-
tion, at least, of the proceedings we're
John ii. Dandy and Otho Nowland,
the assignees of Heald & Co., besides
other citizens, among them being
Walter D. Bush, Senator John Pyle,
Robert McCaulley and Messrs. Satterth-
waite, Heald and Mccullough.
The proceedings began with some.
thing like tilt, which followed
Justice DAley's question whether it
would be satisfactory that Mr.. Chand-
Ter appear for the complainant and
the State. Mr.. Hilles, who with other
counsel for the defendants sat before a
table brought in for use at tho hearing,
stated to the magistrate that they had
hoped that Mr.. Cooper or Mr.. White
would be present that proper pre-.
sentation of the case would be made
before him. The speaker himself had
seen Mr.. Cooper, and the latter hao
said that the practice was not TO con
slider charges before committing
magistrate, except in felonious, oil
other important cases. Mr. Hilles be-
lieved that the justice could call or
whom he pleased to assist in the
prosecution of the case. So far as re-
garded Mr. Chandler volunteering tC
appear for the State in criminal prose
cution, counsel for the defence oh
iected. They would sit quiet il MRgis
trate Daley desired MIR. Chandler Il
assist him, but il Mr.. Chandler volun
teered they objected. 1t had come tt
Mr.. Hilles that Mr.. Chandler had re-
quested Mr.. Cooper for some authority
to appear for the State, which was re
fused.
Mr.. Chandler declared that that wal
not correct. Mr.. Hilles thereupon sale
that he accepted the statement; tha
he did not get it at first hand.
After few moments consultation
with Mr.. Chandler, Mr.. Dilwortl
stated to Justice Daley that he desired
to be represented and he mentioned Mr.
Chander's name. This was agreeable
to the justice.
Mr.. Chandler made a statement, say
ing that before proceeding to taxi
action against the prisoners the Stat
had been consulted. That it was Mr..
Cooper's intention to come, but tha
he said he had soma business in court
of oyer and terminer that might pre
vent him: that he would see the magis
trate and have Mr.. Chandler deputized
MIR. Chandler disclaimed any persona
feeling against the defendants, and
Mr.. Hiles remarked that actions speal
louder than words.
Mr.. Ward entered into the discussion
by declaring that they wanted TO know
whether Mr.. Chandler came advising
Mr.. Dilworth or representing the State
Then came another statement from
Mr.. Chandler who spoke of seeing tn,
attorney general who suggested in view
of Mr., Chandler having advised will
Mr.. Dilworth that he was the prope
person to represent the State. Mr.
Cooper said that he would see th,
squire; he did not think writer
authority was necessary.
While the DISCUSSION was still il
progress Deputy Attorney Genera
Peter Il. Cooper, Jr, entered th
Office. Upon being appealed to he sale
among other things that all the Stat
! desires is fair and impartial hearing
He did not know the facts and unles
the justice wanted him would not stay
If the squire wanted assistance b.
could get it. And Mr.. Cooper did no
tarry long.
Justice Daley came to decisiol
shortly, and finally selected Mr.
Chandler to represent him in the case
The defendants were not arraigned, tn
charge being for misdemeanor.