Evening journal., 1899-09-27
COLE CASE POSTPONED
Application His Attorney Made
for Continuance Granted.
MATERIAL WITNESSES ABsENT

AME AMI itln OAoh WAo GOol-
PoNED.
Montylaoo A. Cole, charged with the
murder of William A. Montague, of
Wyoming, on May II, was placed on
trial before the court of oyer and Ter
miner this morning.
His attorneys, Walter II. Hayes and
Sylvester d. Townsend, Jr., made ap-
plication for a continuance, asking that
the trial be postponed until the No
vember term OF court. On last Tues
day when the prisoner was brought
over from Jail for trial Mr.. Hayes re-
quested that the hearing take place to-
day, bat he stated this morning that
there were two witnesses, Robert
Haghy. of Canada, and Joseph Fergu-
son, of Philadelphia. who could give
material evidence in the case, and
whom he had been unable to secure
for this term of court, although he had
made every effort to have them here
He further stated that he would pro.
duce the witnesses at the November
term of court.
Attorney-General White replied that
the prosecution was prepared. and that
he was exceedingly anxious to have the
case disposed Of, but as he felt that It
involved a human life, which was
hanging in the balance, he could not
conscientiously insist on the case being
tried, when he was convinced that the
defense was not fully prepared.
A short consultation was held by the
judges and attorneys, after which Chief
Justice Lore announced that a continu-
ance would be allowed
Edna Wilson was in court, but was
while the other witnesses,
both for the defense and prosecution,
were discharged until the next term Of
court.
The additional jurors, comprising
Philip Boys, Thomas ]. Crawford,
Humphrey w. Clark A. B. Cook, Will
liam w. Draper, Lewis Duncan, Joseph
A. Evans, William File, Joseph Geary,
William r. Graves, William T. Groves,
Charles w. Jones, James Mulligan,
CORTLAND c. Montgomery, Elmer Mace,
Frank W. Morrison, Richard McGinn,
Alonzo Newlin, Charles O'conner,
Joseph P. Pritchard, William H. Ster-
ling, 3. Leslie Talley, Benjamin F.
Wright and John c. Webster, who
were summoned to try the case Of Cole,
were also discharged.
Previous to the opening Of court this
morning Cole was allowed free use Of
the Court House corridors without any
other guards than his two attorneys,
and had he chosen to do so, could have
escaped easily. When he appeared in
court, however, it was between two
guards, each bearing an iron spear.
Edna Wilson was stylishly dressed in
blue velvet gown, and appeared in
the best of health.
In Superior Court this morning the
case of Wlizabeth T. Lynch VS.. Daniel
Kenney was heard. II appears that
Mrs. Lynch had lived in a house be-
longing to Mr.. Kenney, at No. 2O7
North Adams street. Being very much
in arrears in her rent, he had seized her
household effects, bat she succeeded in
getting a replevin and recovered hel
goods. The jury awarded Mr.. Kenney
ls59.12 damages. which was the amount
Of the rent due. Samuel c. Adam!
represented the plaintiff
The jurors drawn to hear this cast
were William B. Weldin. Charles Don
nelly John Moody Frank White
Henry Kendall, Wilson Currinder, JohI
IB. Hearn. amuel Kidd, John Houstin
lwilliam Martin. Jacob Vandyke an'
James H. Roberts.
This panel Of jurors will hear all o
the civil cases, as all the others wer
discharged for this term of court.
{ In Superior Court the mandarin
cases Of Craig VS.. CHM, James O'Nei
VS.. Mayor and Council of Wilmington
and State VS.. Mayor and Council o
New Castle, we're continued.
Judgment was affirmed in the certi
orari case of w. NJ. Comfy VS.. Georg
1 H. Mccall Company's receivers.
On the application of Levi C. BirC
Edwin r. Cochran, Jr., was appointe
! commissioner to take testimony in tn
divorce case Of Sibyl Ida Swartz VI
Samuel c. Swartz.
In the certiorari cases of Alfred I
Y Davis VS.. Delaware Electric and Suppl
Company, Alfred B. Davis VS.. Dels
!, ware Glue Works, and Alfred B. Day
4 VS.. Erdman Hoffman judgment was a
8 nrmed. H. G. swayne represented D'
y is in all cases.
In the case of the Insulated VIII
land Tube Company, Of Ne
- lVorlr vc Charlac u pbatnc &. 10 n