Evening journal., 1897-09-21
The CRIMINAL WORK ON.
The Civil List Was Gone
Over Yesterday Afternoon.
SAMUEL cOsTEN A LUCKY DOG
COURT OF GENERAL SESSIONS
SETTLES DOWN TO BUSINESS
AND is DEALING OUT JUSTICE
WITH AN EVEN HAND--MUL-
QUEEN CASE MAY NOT BE RE
OPENED THIS TERM.

The civil list was taken up and gone
over by the Superior Court as soon as
il reassemtled yesterday afternoon, and
the limited number Of cases was dis
posed Of as follows:
Fer trial-lssue from register of Wills
on certain paper purporting 10 be the
last will and testament of Matthew
Spiegelhalter; Theresa Boeck, VS.. p,
w. & b. Railroad Company; Conrad'sI
Company VS.. William jerks Fell
Continued-B. f. Hopkins VS. Mayor
and Council of Wilmington; Marshall
o. Haines VS. the Wilmington City
Railway Company.
Passed-David b. Martin VS.. Joseph
II. Cculd; David B. Martin VS.. Winfield
S. Quigley; Ellen X. Lewis VS.. Will
mington City Railway Company; Amor
Talley VS.. Wilmington City Railway
Company.
The case OF Martha J. Stroud VS. Es-
ther J. Stroud's administrator, was re-
ported to be in progress Of settlement.
The list of cases marked passed will be-
gone over again on Thursday morning.
"Chick" Toy, who failed to appear
when his name was called at the morn
ing session. appeared. The forfeiture
was removed and he pleaded guilty to
the charge Of lottery policy writing.
I'VE understand you have never been
before the court before on this charge,
addressed Chief Justice Lore 10 Foy.
mo, sir" he replied.
Are you prepared to pay a iine?"
Foy was asked.
Il can pay a light one,' he replied
Can you pay S1O0"
III try to-" was Foy's answer.
The court imposed fine of 500 and
the costs of the prosecution. which Is
the lightest penalty.
When Samuel COsten was arraigned
| for carrying concealed a deadly weapon
he at first pleaded guilty, but imme-
diately changed his plea, claiming that
| he did not know what he was doing
when he said he was guilty. A jury was
drawn and he was put on trial. 5. j.
! Willis represented him. James Hall,
the prosecuting witness. testified that
! he found his wife with CCsten and that
the prisoner pulled a revolver and
threatened to shoot him. Benjamin
/ Dixon testified that Costen afterwards
told him Of the quarrel he had with
Hail.
Costen took the stand in mis- own be-
half and denied all that the preceding
witnesses had said.
The jury retired and brought In Z
/, verdict of not guilty. When the court
dismissed the prisoner it advised hin
to fight shy of other mems wives in the
future.
Andrew Higgins pleaded not guilty tc
the charge Of the larceny of 2,515
pounds of scrap iron from the yards OF
the Diamond State Iron Company
When asked if he was ready for tria
he replied in the negative.
Several witnesses having failed to ap-
pear, attachments were issued for then
and placed in the hands of the sherih
Chief Justice Lore remarked that suci
derelicts were liable to fine and imprs
onment for contempt of court
A true bill was returned agalns
Helen Laws, colored, for stealing Z
chicken.
Speaking of the case of the state VS.
Dennis Mulqueen. charged with killing
Bernard Dorsey, Attorney Genera
White said last evening: Further thar
the Homeopathic Hospital physician
writing the letter tome asking that thl
case be reopened, nothing has beer
done. and unless some new evidence il
found the charge against Mulqueen viii
not come up"
This morning the Superior Court Sc
the case of Conrad's Company VS.. w
jerks Fell for trial next Tuesday.
In the case Of James Denney VS.. VIII
liam B. Remley, the Equitable Guaran
tee and Trust Company. executor, wa
made the p,aintiff in the suit, Denne.
( being dead.
The Court of General Sessions thel
J began its work. James Daley. a wit
ness for the state, who failed to re
spond yesterday afternoon, and 70
whom an attachment was issued. wa
baled up by the court this morning. III
gave as an excuse for his absence tha
= he was seized with a violent headache
3 and the court accepted IT,
Dennis Dinneen's name was agail
= called by Crier Smith, and he faile
g for a second time to respond. Tn
sheriff and his deputies are now look
. ing for him.
A Jury was drawn to try Hannal
Laws, colored. for stealing a rooste
t from Mary Epps. Mr.. Lattomus look
I ed after the interests of the state, bu
Il the prisoner had no counsel.
= The prosecuting witness and he
witnesses told their story and the
| Hannah TOOK the SJanu. one cOnuVh'
ed herself with a fiat denial of every
thing concerning Mary's rooster. Tn
y jury retired Immediately after the con
! clusion of the taking of testimony.
Attorney-General White announce
the readiness of the state to try tn
case OF the State VS.. Andrew Higgins
David J. Reinhardt, attorney for th
prisoner, asked for time to subpoen
his witnesses, and was given until 2.3
o'clock this afternoon.
When the case of the State VS.. Fran
Lickett. for murderously assaultin
James Jooney, was called, ex-City Sc
licitor George A. Elliott, attorney fo
r the defence, stated to the court that hi
D principal witness was in Plainfe.d, \
> j., whittier he had gone to work. II
was given until Friday morning at ]
O'Clock to, get ready for trial.
In the Hannah Laws case the Jury r.
turned with a verdict of guilty. She wa
I sentenced to one month'S imprisonmer
, and TO pay s1.25 restitution money an
the costs of prosecution.