Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-02


was "the man with whom ahe lived. y
Pieces of the lamp alleged to have been
hurled ct Fannie, her burned pocket
book and portions OF hor burned
clothing were identified by the witness
and otTerad in evidence On crnsa
examination, the witness said she and
Fannie had met Ruley ut THE Shoot,
a saluOn near Front and Market streets.
Mr.. Cooper explained that the date
mentioned in the indictment, April
18th, was mistake.
Harriet johnson stated that Fannie
said; I'm going to die I'm going
to die! can't pray !" Attorney
General White asked the witness TO
tell what else Fannie said. The de.
fence obiscted. Mr.. White commended
that he was Offering Fnnuie's dying
statement, aud the objection was over
ruled Continuing, Harriet said Fannie
told her that Trusty threw the lamp at
her bead and, when she lodged, he
pushed her downstairs.
Martha Duckery wac again recalled,
and Mr.. Cooper asked her to repeat
what Fannie had told her The defence
objected. Chief Justice Lore and Judge
| Grubh ruled that the statement was
admissible. but Judge Spiuance dis.
sented, explaining that no did not
know whether the statement was made
when Fannie thought she was dying.
| MIR. Walker filed an exception to the
ruling of the majority of the court.
Martha iestified that she heard Fannie
say she was dying and could not pray,
and that Fannie added that Trusty
had thrown the lamp at her but missed
her and then hurled her iuto the fire.
After hearing Martha's testimony,
Judge Spruance Withdrew hia oh
jection, and Mr., Walker was naked if
he would Withdraw hia excsrtiun.
In reply, MIR. Walker made a remark
which Ma Cooper supposed Was an in
sinuation. that he tMr. Cooper told
the witness what to say. Mr.. Walker
denied that he had made such I'm in
sinuation. For minuts there was
considerable excitement, md the court
had to ran for order.
Capt. Chambers testified that Trusty
told him that he was in lied when
Fannie came home. that she came up
stairs under the influence of liquor,
that he told her to go away, that she
male him mad and that he gave her
a push and she fell over on the lamp,
which was on tho floor.
Detective Witsil testified that Trusty
told him that Fannie quarreled about a
pair OF shoes and he pushed her ever
the lamp.
Sergeant Evnns testified that Trusty
told him that Fannie becams abusive
and he pushed her and she Knocked the
lamp down with her.
DIR. Palmer testified that Fannie was
unconscious from the time she was nd.
mitted to the Delaware Hospital until
she died. lie described her injuries
and said her death resulted from shock
10 consequences OF burns.
At II. 40 O'Clock the State rested.
Next, the defendant was called He
testified that Fannie came upstairs in.
toxicnted and, after swearing, threat.
ened to put him out of tho house.
While he was standing on Que foot, at.
tempting to put on his trousers, she
struck HIM and no pushed her. She
struck at him again anu he pushed her
the second time, when she staggered
back and fell upon the lamp, which
WINS on the floor. lie ran out Of the
house before he got his trousers on.
lie eXpluined that he ran because he
was frightened, aud denied that he
struck Fannie with the lamp. During
the cross eIaminatloD, the court tpuk
receaa until 2.30 O'Clock.
Friday morning sentence was imposed
unon Mahlon i, Foster. convicted of
emhozzling $40 from Mrs Margaret
Wells, His counsel II. II. Ward, made
an elDguent appeal for mercy, during
which Foster went. Mr.. Ward asked
that the lightest sentence that
court could consistently impose Il,
passed, stating that Foster ia the sola
support of six children, of whom tine
eldest 10 s years old. Chief Justice
Lore announced that he would impose
the minimum penalty, and sentenced
Foster to two mont s'imprisonment and
to pay the costs Of prosecution.
At the afternoon session of the
court Attorney General White con
tinued the cross exam ination of Trusty
Trusty said he did not push Fannie
hard. She and the lamp" went out"
together. lie did not see her when her
clothea were blazing or after she was
burned. l1e did not know until lee
Ruley told him that she had been
burned lie did not zoe her subse
quently. lie became frightened and,
obtaining some of his clothing, left tho
house. lie was not mad when he and
Fannie quarreled. He denied that he
told Detective Witsil and others that
be was mad; he told them he pushed
her, but he did not say he pushed her
downstairs. lie Ind lived with Fannie
about year, and when ho earned Sc
per week he gave her So per week. On
the night In question, she gave him 81
with which to buy her pair of shoes.
He paid so cents for tho shoes, and
spent the remaining half dollar for
| liouOr Tho 1ollar w h ich uha had ,;,n,,
to him was his own money.
John @. Woodward, foreman of the
coroner's jury which Investigated
Fnnnie's death, testified that he exam
ined the room in which thu quarrel 90.
Cured. The room was l0xll feet, and
tbs stairway 2 feet. inches in the
clear Tho third step from the top oi
the stairway was partly burned, anc
the moldinR OF tina step was broken.
Ho did not think Martha Ducksry
could SEQ tho light shining down the
stairway II tho lamp were on the stand
in the bedroom.
At $50 o'clock the defence rested.
Next, the prayers were presented, and
the ensuing 40 minutes were devoted tC
argument, Messrs. White and Walker,
the latter counsel for ths accused, eauh
consuming 10 minutes and Deputy At
torney- General Cooper taking 20 min.
utes.
In the Court of General Sessions, the
cases OF citizens indicted for doing bust
ness without license were considered.
Mr.. Cooper announced that in Que thirc
Of the cases (about 30l the persons in,
dicted had paid the license fee and
costs and be had entered a nolle prose
| mi and on his motinn fha ram in in,