Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-11
was fined slOo, in default Of which be

II. Ii. Ward, counsel for, John Nc
Dowell, moved the indictment against
his client be quashed on the ground of
an error in the date on which the in
dictment was laid.e Walter III. Hayes,
assistant attorney general, acknowl-
edged the mistake and the court
ordered the indictment quashed.
In the afternoon the case OF
Thomas Barton, William Merrill and
James Carroll, scharged with stealing
a pair OF boots and a hat from Ira
Kennedy, Mt. Cuba farmer, was
taken up. Kennedy was 30 drunk at
the timo that he didn I remainder much
about the occurrence. Officers Lucas
and Lyons found the boots in Carroll q
possession, but could not connect Mer-
rill with the case. Barton made a
statement to the effect that Kennedy
gave him the boots to dispose of for
liquor. The jury returned verdict OF
not guilty without leaving the box
The general jury was discharged until
10. 30 o'clock on Monday morning and
court adjourned until TO- 80 O'Clock ON
Saturday.
Emile Narrow was arraigned when
court reconvened, charged by his
wife with non-support and de-
sertion. w. F. Kurtz appeared for the
defendant. Narrow, who earns SS. 81
per week. WAS placed under $500 bai
to pay SIG monthly to support the wife
and TWO children.
john +. Kay. charged bv his wife,
Mary Kay. with non. support of his
wife and child, was required to fur
nish $500 cas- security for payment of
Sl2 monthly for the support of Mrs.
Kay and child.
Josiah Marvel, counsel for Potter
Ridontq coloreh, entered plea of
guilty to tho charge of being concerned
in lottery policy writing, and Mr.. Mar
vel asked that light sentence ne i'm.
poseu. Ridout was sentenced to pay a
fine of 81, QUO and serve years inn
prisonment.
In the case of the Iron Bolt Co. VS..
Thomas McCcrkle, the plaintiff, a
nonresident, wac required to give
security for costs.
On motion of Harry Emmons. judg-
ment was refused in case of Fairbanks
Co. VS.. Quigley & Mullen, notwith.
standing the affidavit of demand.
In the case of Christopher Pfrommer
vs.. Gottleih lhle, on an application Tor
rule to shuw cause why security
should be giyen Mr.. Marvel was
granted a postponement until next
Saturday.
In the case of Finer & Bros. vs.
Quigley & Mullen, Mr.. Emmons asked
that judgment he refused riespite the
affidavit OF demand. Action was post
poned owing to absence Of PLAINTIFF g
counsel.
In court op Monday morning Albert
Henuel was arraigned on the charge
of assault on Prank Rogeroski, with
intent TO commit murder. The assault
occurred in June of last year at Taylor
and ButtonwooG streets. The defendant
was unable to employ counsel and
Josiah Marvel was assigned to defend
him. Nv. Marvel asked that tho charge
bo dismissed and entered a plea of
guilty of assault. 'Hondel was fined
500 and sentenced 10 six months' i'm
prisonment.
lienGel's wife was sitting alongside
the prisoners dock and wheE the SEN
tenco wCs pronounced became hys-
torical. She was falling from her chair
when several attorneys caught her.
She was carried to the grand jury room
by George Smith and Josiah Marvel,
where sbe soon recovered.
The case OF Samuel a. Pitts charged
with embe2zlepeDt of funds of the
New York Mutual Insurance Co. was
continued until the next term.
i jury of inauisition awarded j.
EraDE Ball the sum of $l2G, the full
amount OF his claim against Jehu A lien
iur money advanced anti services rem
dsfed. judgment by default had pre-
yiouay bean oltlined.
The general jury was discharged
until TO- o'clock Tuesday morning
and courSS then took a recess until 2.30
clock.
The entire afternoon session of court
was taken up in hearing argu-
gument OF counsel in the action of the
Norfolk Timber Co. against William
Simmons to recover $1,000 damages for
trespass. The suit is brought on the
ground that ths defendant, while
sheriff. in September. 1891, seized lot
of lumber of the plaintiff and sold it as
the property of the Wempie Lumber
Go. II. II. Ward and Col. Benjamin
NielGs appeared for the defendant and
l.. G. Chufchmap and ex-senator Hig-
gins for the plaintiff.
ATTORNEY General White called up the
cases against the nine indicted election
olfiaers. Alexander b. Cooper appeared
for the men and made a motion for a
continuance until the next torn on the
ground that this is the FIRST trial term,
and as the Offences charged against them
was simply misdemeanor there was
no call for rushing the cases through.
He said that the unbrosen practice Of
court has boen to grant continuance
until the term following that ct which
the indictment WIS first presented.
Besides, Mr.. Cooper had not yet had a
chance to examine the indictments,
owing to his health.
Mr.. White contended that the men
had ample opportunity to know that
they were charged with the crime. as
they were indicted at the last term OF
court, but had escaped through de.
feet.
Court then fixed February 23d as the
date for taking up the cases.
Austin Harrington. comm issioner to
receive testimony in the case Of Home
wood vs. Homewood was granted an ex-
tension Of time IN which to make re-
turn.
Ex-senator Higgins addressed court
and said: IF your honors please, since
the adjournment OF court last evening
this community has been shocked by
the announcement of The death of his
honor, Leonard L. Wales. judge of the
United States district court for this
district; and I feel it proper to bring
the matter to the attention of this
court OF which for over 20 years Judge