Evening journal., 1898-05-28
THE TRUSTY JURY GUT
No Verdict Reached After
Three Hours Deliberation.
JUDGES DISPOSE OF OWL WORK

FOSTER REMAINS IN his CELL AT
THE COURT HOUsE-WILLIAM
FISHER WILL NOT RECEIVE HIS
DEATH SENTENCE UNTIL SOME
DAY NEXT WEEK.
In the Court Of oyer and Terminer
yesterday afternoon Bert Trusty testi-
fed that Fannie Kelley came upstairs,
where he was sleeping and began quar-
reling with him. She struck him and
he gave her push. She staggered and
| fell back upon the lamp. He denied
striking the woman with the lamp.
Perry COursey testified to Irusty's ar
rest. John ID. Woodward and Charles
Whann testified to the position OF the
stairway in the house where the trouble
occurred. ID. H. Lewis swOre to
| Trustys good character. Both sides ar
gued yesterday afternoon and the jury
was charged to-day.
The charge was delivered by Chief
Justice lore, and the time sonsumed
in It's delivery was about ten minutes
As soon ais the jury had retired the
| Superior Court proceeded TO so over
lha trial list
On the motion OF Deputy Attorney
| General Cooper Willard Raikes, color
| ed indicted for highway robbery was
| dismissed. The cases of the persons
who were indicted for not paying their
state licenses were continued until the
next term.
| Leonard Z. Wales Jr., and Colonel
BENJAMIN Nields argued demurrer
filed by the defendant in the case Of
Robert Doran ct al. VS.. William g.
Pennypacker. executor.
The defendant demurred to the frsl
three counts in the amended declara'
tion. on the ground Of their INSULT
cheney several blanks not being filled in
and asked for judgment. Mr.. Wales ar
gued that such omission did not impair
the sufficiency of the declaration. H'
asked for leave to amend the narr t'
the extent Of inserting the date. Col
- onel Nields consented TO the amend
I ment and the case will be tried.
Superior Court adjourned until Mon
day morning at 10 o'clock. not recog
t nizing Memorial Day in any particu
: lar
y The Court Of oyer and Terminer re
p maiued in session awaiting a yordiC
u in the Trusty case.
e THE case OF A. S. Reed and BrOthe
u Company VS.. William M. Field, ct al
s. was reported settled
=: Leave was granted THE defendants
d thls case Of the Huber Manufacuturin
h Company VS.. John B. Nelson, ct al,
o amend their pleadings.
In the case Of benjamin Downey v
James +. Porter Judgment for cos
:, was given THE defendant
II Continuance until September und'
5. porcmptory rule for trial was the entl
i'm the case OF John w. Mitchell v
l. William F. Taylor
n Bayprd Helsel secured a revcrs
10 OF alhe judgmenn below in the case
ru Abraham Dougherty vs. Jacob Tus
The case was brought into the Superi
Court on a writ Of certiorari, and II
reversal was due to the fact that q
record of tho magistrate fai,ed to Z
tablish his jurisdiction. inasmuch tn
y 10 failed 10 set Forth the residence
N the defendant
. AT 1910 O'Clock the court cent wo
o. 10 the TrlIsty jury that unless it hi
n something to report the court wCu
1a take a recess until o'clock. In angw
~ to this Uhe jury asked for a few mi
- utes befOre making a reply and {
or Judges waited. I'M ten minutes n feH
In was made that no agreement had be
80 reached. and o recess was taken un
av O'Clock
20 Mahlon b. Foster is still in C.
or at the Court House, and will rema
MA there until he gives bail.
IN, Foster will be settenced some d
~ next week and John p. Nields will i
ge mediately take an appeal to the
~ preme Court.
~ Grandmaster Workman James
az Carroll. OF Dover. and Grand Recor(
Charles e. Woods. OF this city, sp'
some time in thecourt room conferri
with HH Ward relative to litigation
which the Grand Lodge Of Delaware,
o. u. w, is interested. They will
- tend a meeting OF the financial co
~ mittee of the Grand Lodge this aft
Il noon, to be held in this city.