Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-09-29

band and tha court ulSmlSScu ING citse
against him.
In Superior Court the case Of j. w.
Snitchcr VS.. John l.. Grn.nwalt was
reported settled. Argument on the
mandamuS case of Hamilton VS.. tliram
Grand Lodge was continued until tire
November term.
The divorce case of Florence N. FL.
Fisher vs. Samuel G. Fisher was con-
tinued until the November term.
In the case Of Georgianna V. Bailey
vs.. Alexander IL. Bailey, Medford II.
Cahoon, commissioner, made his re-
turn, which was favorable to divorce.
Publication was ordered.
In the divorce case of johnson VS..
johnson, the court ordered the hus-
band, who is the defendant, to pay So
week alimony to his wife pending the
litigation.
On the application of Walter j.
Willis, Franklin Brockson was ap-
pointed commissioner to take testi-
mony in the divorce case of William
M. VS.. A. S. Mckay.
The Court of Oyer and Terminer
on Monday began the trial of An
tonic Giovanni alias Antonio Deluca,
Camille Donofio and Camille Sisifo on
the charge of felonious assault on
Maria G. Fontenelli on July Sth in
this city. Deputy Attorney General
Peter l.. Cooper, Jr., conducted the
prosecution, and Julian G. Walker and
Sylvester ID. Townsend, Jr., repre-
sented the prisoners. Chief Justice
Charles b. Lore and Associate Justices
James Pennewill and William IL. Boyce
We're on the qench.
Il The prisoners were brought into
court by Tipstayes Barker and Powell.
The ceremony of filling the jury box
occupied half an hour. Thirty
names were called; one man was ex-
cused for having formed and expressed
an opinion; IL were excused for con-
scientious scruples: five were chal-
| lenged by the State; 10 were challenged
| by defence as follows:
Excused, having formed and ex-
pressed an opinion William +. Duhad-
away, Appoguinimink.
| Excused, for conscientious scruples
Samuel L. Steward, Pencader; S.
Frank Stirling, Brandywine: William
M. Ellis, Appoquinimink; Benjamin
+. johnson, Pencader; John Forrest,
Wilmington; Joseph N. Dougherty,
| New Castle; James Grimes, Red Lion ;
Peter A. Riley, White Clay Creek ;
| Ferris b. Valentine, Wilmington
Samuel Porter, New Castle; James IL.
Smith, st. Georges.
Challenged by State-George W.
Morrison, New Castle; Ezra Pierce,
John Mccormick and Frank L. Van
SAINT, Mill Creek; James Kitchens,
Wilmington.
Challenged by defence Warren p.
Mismer, Brandywino: Frank J. Rhein,
Appoquinimink; John Moody, New
Castle; Robert N. Barr, Pencader
Samuel Peachy, Blaclbird; Thomas
w. Young, Christiana; David Keen,
Blackbird; Henry W. Simpson, Will
mington; Robert Casey. Jr., Brandy
wine; Harry I. Stats, Blackbird.
The jurors as sworn: George G.
Watson. Wilmington; John e. CHM,
st. Georges; Townsend Warren, Chris.
tiana; Robert L. Baldwin, Brandy
wine; George N. Bright, Red Lion
Caleb N. Price, Pencadcr; John e.
Whann, Christiana; John Cunning,
Rcd Lion; Elmer Mace, Christiana
Samuel G. johnson, Christiana; F,
Frank A. Reihm; Everett Guest, Mill
Creek.
In opening the case, Mr.. Cooper ex-
planned that in the indictment eacl
prisoner was charged with being thu
principal and also with being an ac
complete.
He stated to the jury that the Ital
ians kept fruit stand at Front an6
King streets and Marie worked TO
them. On the morning of July Stl
Giovanni asked her to go down in tn,
cellarsand followed her down. Sisift
went down, too. They put her on ;
bench and when she was about to or.
out, called Donofio to come down, ana
ne held her mouth while the other de
fedants assaulted her. A few days late
her mother heard of the affair and hat
the defendants arrested. An examina
tion Of the child was made by physi
clan who found her in serious condi
ton, from which she has not yet recov
cred.
The prosecuting witness, Marie Fon
tenelli, aged between IL and II years
told the abhorrent story of the outrage
On cross4examination by Mr.. Walker
the child said she first fixed the Grim
on July 18th, but afterwards fixed i
on July 8th.
DIR. M. J. Hughes, police surgeon
, testified to examining the child o.
July Both.
On cross examination, Mr.. Wake
asked DIR. Hughes if he had paid hi
license to practice medicine. After
laugh the court said DIR. Hughes wa
not on trial.
A recess was taken until .. 30 O'Clock
Further court proceedings on nth page.l