Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-03

and went to sleep again. He was
awakened by the officers who arrested
him.
John j. Credon, Albert I. William
son. John Gormley, Patrick Long and
George b. Reardon testified as to the
prisoners good character.
After re-examining several witnesses
both sides announced that they were
ready for argument, and the court an
nouncod that each side would be
allowed as minutes.
At $40 Deputy Attorney. General
Cooper began his address to the jury
and closed at 6 O'Clock. Court then
took recess until 10 o'clock Tuesday
morning.
Promptly at 10 o'clock on Tuesday
Dennis Dineen, the dark, haired prisoner
on trial for arson, was marched into
court A larger crowd was present in
the court room than usual.
Walter H. Hayes. the defendants
counsel, in his address to the jury,
went over the evidence slowly and care
fully. He claimed that the State had
failed to even establish reasonable
ground for presuming that Dineen was
anywhere near the scene of tho crime
on the night in question. and that he
had clearly proven by half dozen
reliable witnesses that Dineen was in
this city, 10 miles from the scene, at
the hour the fire occurred.
Attorney General White then closed
the case for the State in a 10-minute
address. He asked the jury to consider
| the close blood relations of all the wit
nesses who had been called by the de-
| fence to prove an alibi and stated that
there was certain class of people who
would not consider it crime to tell an
uDtruth where friends life was in
| danger.
Judge Cullen at 11.07 o'clock began
the charge to the jury. He carefully
reviewed the indictment, and the law
| touching upon the case under trial, and
| paid especial attention to the law in
regard to circumstantial evidence and
told the jurors they must be guided by
the evidence entirely and their judg-
ment Of its trustworthiness. AT IL. .27
Judge Cullen closed and the jury filed
out or court in charge of Wardens Will
liam Fleming and John B. Manlove at
IL. 30 O'Clock.
The case of Tobias johnson, colored,
who had pleaded guilty to the larceny
of quantity of brass from the Dia-
mond State Iron Co., was then taken
up. After hearing evidence as to
| Johnson's previous character, Judge
Lore sentenced him to pay s4 restitu-
tion money, to be imprisoned for three
months and to be whipped on Saturday
next with 10 lasbes.
Henry @. Conrad and j. Frank
Biggs, on behalf of John M. Clayton,
indicted on the charge Of attempting
to bribe George d. Carswel, voters
assistant in the Second voting district
in East st. Georges at the late cleo
tion, moved that the indictment be
quashed. on the ground of irregularity
in the indictment. Mr.. Biggs .mads
the motion, citing nearly O., dozen
authorities in support Of his 1notfyn.
The Indictment was held to be de.
fective in that it did not set out the
name of the individual or political
party in whose benefit the alleged at
tempted bribery was to have been car.
ried out.
At 1874 o'clock the jury in the
DIneen case returned with verdict
of not guilty. Tears stood in the
prisoners eyes as he was led to the
cells between the tipstaves to await
of burning barn. After the verdict
had been announced Mr.. Biggs con.
tinued his citations in the motion tc
quash the Indictment against John M.
Clayton. He was followed by Attorney
General White and Deputy Attorney
General Cooper.
After hearing both sides Chief jus
tice Lore, while regrettiug that the
statute failed to properly cover the case
under discussion, said that there was
no other course for court 10 pursue ex'
cept to issue an order quashing the in
dictmeDt.
After the announcement of The de-
cision court adjourned until 2.3(
O'Clock.