Evening journal., 1897-09-23
MISS HEALING is FREE.
The Grand Jury Ignored the
Bill Against Her.
THE HIGGINS JURY DISAGREED
1T WAS DISCHARGED BY THE
COURT-MDOWEIL ON TRIAL
FOR WRITING POLlCY-NO SU-
PERIOR COURT BUSINESS TRANS
ACTED.


ACTED.
The jury selected to determine the
guilt or innocence of Andrew Higgins,
tried for stealing large quantity OF
scrap iron from the Diamond State Iron
Company. spent the night in the Court
House, being unable To agree upon al
verdict. It went out yesterday morn
ing. and nothing was heard of it again
until last evening at o'clock. when itl
was brought into court Clerk of thel
Peace FOard asked for the verdict, and
the foreman said Not guilty"
The prisoner and his attorney were
just about to thank the jury when At
torney-General White demanded that
the jury be pOlled. Deputy Clerk of the
Peace Janvier called off the names, and
everything went well for the prisoner
until the fifth juror was reached. This
was II. l.. Packard. He said that the
foreman had not expressed his verdict.
The court Immediately ordered the ju-
rCrs to be taken back to their room, and
they were locked up for the night.
John West, colored, pleaded guilty to
the charge Of breaking into the store
OF J. Rankin Armstrong, at Newark.
He was sentenced to be whipped with
twenty lashes, one hour in the pillory
and one years Imprisonment Edward
Winder, colored, who was convicted OF
stealing a COW and watch. was sem
fenced to bewhipped with twenty lashes
and one years Imprisonment. Harlan
Smith, who stole a basket of pears, was
| sentenced to one months imprison-
ment Harry Hance, en- whom was
| found a blackjack, will spend ten days
in Jail.
The evidence was insufficient to hold
Harry Solomon, charged with burglar
izing the store Of General Theodore +.
| Armstrong. at Newark, and plea OF
| nolle prcsequi was entered by the STATE
. and Solomon was released.
Albert Blake. O colored lad. pleaded
| guilty TO stealing money from a far
mer named Macy, and the court de-
ferred sentence until to-day to enable
the youngsters father to furnish bail
for his sons future good behavior
After working nearly all the after
noon on the case Of Louie Tong, ac-
cused Of numbering Abner HGllings-
worth, at WoOddale the bill was ig.
ncTed and Tong was released.
Owing to lack OF evidence Attorney
General White has decided net to prose
, cute the election officers accused o.
fraud by Clarence r. Holt. the defeated
ccuncilmanic candidate Of the Fourtl
: ward.
y Under the general corporation law
the state will receive considerabl
money from persons obtaining charters
To expedite the work of the Court o
General Sessions the Superior Cour
was this morning adjourned und
tomorrow This was an inconvenience
to several lawyers who had civil bust
ness to transact, but they had TO sub
nit.
Horace G. Knowles, who desired t
: have the cases Of Ellen X. Lewis ant
Owen Talley VS.. the Wilmington Cit.
Railway Company continued until tn
next term, was told by the court t.
. make the application tomorrow morn
ing.
= The Higgins jury came in at 1913
L and informed the court that it coul
not possibly agree, and the jurors wer
n discharged until 2.30 o'clock.
= A jury was drawn to try John Nc
= Dowen. white, indicted for writing pol
y lev. General White conduct
ed the prosecution and II. II. Ward tn
defence
Mr.. Ward moved that the first coun
- in the indictment be stricken out he
cause it did not sufficiently indicate IN
n offense. The state admitted this, bu
a explained that the form had been use
since the new anti-gambling law wen
into effect, and it had never before bee
Objected to. The court sustained tn
, objection, and the count was stricke
A. out.
" Joseph Briscoe. colored, testified thf
on November 80 he was with McDowe
at his home No. ITO French stree
and a game of policy was in progress
Witness paid the prisoner 3 cents an
lg received policy slip.
!" Mr. Ward objected to admitting Oh
al slim in evidence because its identit
lie had not been proved. The court owe
- ruled his objection, and Mr.. Ward PR
ceeded to cross-exarnine the witnes
Briscoe denied that Chief of Police D'
s. Ian had paid him. to go to the houi
T and betray the owners Of the game.
3, Eli Briscoe, being called, could nj
e. identify Mcdowell as the man fro
" whom he had bought policy, and
ig was permitted to leave the stand.
n. Charles Griffith, colored, testifi'
= that he bought a slip from McDowe
for 5 cents and took it to the chief
~ police. Mr.. Ward objected TO the admi
e. sion of this slip because CT some wri
ing on the back which the witness sa
he never saw before. Griffith idemifi'
Mcdowell as the man who sold hi
. the policy.
isoee Officer Solomon testified that he WI
one Of the officers who made the raj
: and that when McDowelps place WI
reached it was empty.
The defence called John Smith. Ali
Jefferson, Johr Sharpe and Daniel
WorTell. They testified that whi
they know Mcdowell, they did n
know that he was engaged in writiI
!, policy. Their testimony relative to Il
= day of the raid went to prove an ali
for the prisoner.
er Chief of Police Dolan was put on q
90 stand, and Mr. Ward asked him if 9th
iS' places were not raided on that day. N
White objected, but he was owe
ruled. The chief said that only thr
% other places were raided on that da
nffforr. ColonoOn hpinQ called said IN