Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-11-24

,,phE' Aho oihpof iouuu lodueu gun
| in the house.
Russell went on the stand to tell his
story. He blamed the trouble on
drinking. He also said that since
| receiving cut on the head q few
years ago, drink puts him out Of his
senses. He declared that he knew
nothing that happened on the night
! when the assault occurred, although
| he believed his wife's story of the
assault. He averred his love for his
wife and said he never had knowingly
assaulted anybody; that he would prefer
| to run rather than get into trouble
| which might cause him to be hanged.
He explained tho fact of his gun being
loaded, by saying that he had been
cunning sometime before and had run
out of caps, and having no cap left the
gun loaded. Russell stated that he had
never been before the court before.
Police Sergeant Black testified that
Russell had good reputation for
peace and good order.
Chief Justice Lore, in pronouncing
sentence, said the court took into con-
sideration the prisoners good character
and the fact that he was a worker, but
advised him never to drink Intoxicating
liquor again.
THE CASE WAS NOT STRONG ENOUGH.
The trial of Willard Daniel, colored,
charged with the larceny of gun from
Kent Wright, bailee, Philip Simmons
being the owner, was begun before q
Jury. The defence challenged Giles
Lambson. Martin b. Burris repre-
sented the prisoner, and Deputy
Attorney. General Cooper conducted
the prosecution. Wright testified that
while on the station platform at
sMiddletown, Daniel took the gun
from him and the next time he saw
the gun, 1T was in an oyster saloon
Matthew Brown, William Watson and
George III. Lofand, all colored, testi-
fed, but the evidence was rather in
definite. Mr.. Cooper told the court
that the testimony was different from
that which had come before him, and
was not such as he cared to press
The case was, therefore, dropped and
Daniel was allowed to go.
GRAND JURY DISCHARGED. M
The grand jury returned into court
shortly after IL o'clock, and turned
in its last batch OF indictments. Chief
Justice Lore thanked the jury for its
prompt DISPOSITION Of the cases, and
said he believed 1t was the first grand
Jury which got through the work
quicker than the attorney general could
present it, He remarked that succeed
ing grand juries seem to be getting
better.
The trial Of Henry Blackiston, col
ored, indicted on charge of murder
ing Charles Green, coiored, was fixed
for tomorrow. Martin B. Burris,
who represents Blackiston, desired to
have the case put over until next
week, but the court wishes to finish
the criminal business as soon as pos
sible. On the application of Mr..
Cooper, the case will be certified from
the Court of General Sessions to the
Court OF Oyer and Terminer. The
special panel of jurors was discharged
until tomorrow morning. 5.&36
CATO \, PENNINGTON ON TRIAL. a.
The following jury was summoned to
try Cato T. Pennington, colored,
charged with an attempted felonious
assault on Miss Katie Bangledorf OF
Newark Price Dilworth, John Peoples,
james p. ,Eliason, Thomas B. Cham
bers Samuel Alcorn, John r. Francis,
Clayton Won Culin, Frank Mclaughlin,
Samuel Kidd, Frank Petitdemange,
ST., Giles Lanbson and Frank Burr
chard.
The defence challenged Samuel Moore
and James Downey.
Pennington was represented by p.
Biair Pic.
Attorney General White opened the
case and called the prosecuting wit
ness, Miss Bangledorf. She had barely
begun to give her testimony when she
int he oil ~.
retire to the attorney generals office
until she could regain control of her
self. When she returned to the stand,
under the examination OF Mr.. Cooper,
she told the story of the assault. She
lives with A. J. Kelley of Newark.
On the evening Of May 9th she went
to the store and on her way back, saw
q colored man standing at the Deer
Park Hotel. She passed down Elkton
avenue and heard some one coming
behind her. The person passed her
and short time afterwards colored
man came towards her and grabbed
her around the neck, He threw her
down and placed one hand on her
mouth. She struggled and her mouth
becoming free, screamed. Her cry was
heard by Mr.. Keley's son, Irwin, who
shouted, -Katie, I'm coming" and
the colored man ran. She positively
identified Pennington as her assailant
Detective Walter Witsil testified to
arresting Pennington on Information,
the description given by Miss Bangles
dorf tallying with him. On the way
to Jail Pennington asked what would
be done with him, and said he did not
care SO long as he was not hanged
Officer Ellis Pierce testified that the
prisoner was very nervous when the
girl identified him at the preliminary
hearing. The officer later saw him in
the TAIL, when Pennington remarked
that the Jail was pretty good place,
SO long as he was not hanged.
The defence attempted to prove an
alfbi for Cato. Benjamin Davis, Jr.,
Mary Booker, William Taylor, Griffith
Saunders and John Lowe testified to
seeing Cato on the night of the as
snult7
The State waived tho opening ad,
dress. Brief speeches were made by
Mr. Pie and Mr.. Cooper. M
After being charged by Chief Justice
Lore the jury went out for about 10
minutes, when 1t returned with a
verdict of guilty. In sentencing Cato,
the Chief Justice said the verdict COM
mended itself to the court, that the
offence seemed absolutely without
palliation. The court would not toll
crate the possibility that the streets
should not be safe for young women,
aud would impose the extreme penalty
of the law for the punishment of the
prisoner, and with the hope of cor
rection and through that for the well
fare of others. ~. tf
lilo thereupon sentenced Pennington
to nav a fine of sI00. II, stnnd one |