The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-11-23
COLD RhAeED
aH1,2oN TRIAL.
Alleged Murderer Of VIM.
A.MOntague Must An.
swer For Killing
the Man.

til II o'clock, as two important wit
nesses for the defense were absent.
They were en- route from Canada
and would not arrive before II. 80
O'Clock. ;. 1t would be impossible to
go on without them. 4
| Chief Justice Lore said that the
court intends to try the case at
present and if necessary will sit on
Saturday.
| Deputy Attorney General Cooper
stated that the case of Daniels,
charged with indecent Conduct to-
wards number Of small girls
would take day and he did not
propose to go into that case until
after the Cole case was over, as he
did not wish to have the case brok-
en- up by Sunday
Chief Jnstice Lore asked Mr..
Hayes If he had any objection to
having the Cole jury drawn. and
Mr.. Hayes replied that he preferred
to have the jury drawn from the full
panel. AT that time the jury in the
Fitzpatrick and Gamble case was
celebrating.
The tull panel of jurors being
| present at H.. Is the court ordered
the jury to be drawn and alter Cole
had been placed in the dock. the
| jury was drawn. Albert Hartman,
| Alexander Metten, William Webb,
George N. Bright, William Ii. Rus
sell. Robert Mclaughlin, John l..
Cralle, William II. Kelley, Thomas
Lllley, William J. Donovan, Lewis
Palmer, Edwin A. Reed.
Excused on account OF cOnScien-
tious scruples: Thomas Hardness,
James Doris, William B. Hates.
Michael keegan, Jr- Charles Lang.
Albert II. Way, William Farley.
Challenged by defense: George
Echenoffer, John II. Banning, An.
drew J. Lindcl, Edwin c. Clark,
George W. Naylor, ABBY Hill, VIM
Lawton, Thomas Jones. Edward
l.. Richards, Thomas II. Rutter,
VIM. ID. Klein, Charles II. Cannon,
Ben amin X. Wells, George w. Sar-
tan. b. f. Armstrong, George W.
EcklcS, Thomas j. Middleton, Thos.
f. Lamb.
Challenged by the State: d. W.
Craig. Everett Hollingsworth, Jas.
Marcy, Wesley J. Husband. Clay.
ton White, Robert II. Stevens, Jas.
Wilson, John Peoples, Horace
Groves.
When Edwin c. Clark was sworn
Mr.. Hayes asked him if lie had not
informed Mr.. Townsend, associate
counsel that You had better not
let me on that jury.lf you do not
want a conviction. Mr Cooper
stated that Mr.. Clark had said the
same thing to him in a joking way.
Judge Grubb-Some jokes are
crime.
Chief Justice Lore said the ma.
iority Of the court believed the juror
competent. ,e.....
Judge Grub scored the juror for
his conduct and stated that if such
conduct was punished by the court
it would stop it.
Clark wasthen challenged by the
defense.
The panel became exhausted and
then Horace Groves was called.
After he was challenged, Robert
Burns was called and excused. on
account Of being county official.
John c. Green wasnext picked from
the audience and was excused on
account of conscientious scruples.
Edwin A. Reed was next called
and sworn.
The twelfth Juror having taken
his seat Clerk Of the Peace Foard
having read the indictment to the
Jury, Mr. Cooper opened for the
State. He informed the court that
there were three counts in the in
dictment. The first covers the in
tlicting of a wound on the right side
of the deceased's head; wound
inch in depth and 3 inches in
length. The second count covers
the inflicting of the blow on the left
side oil the head that was l inch
deep and inch in length. The
third count covers the assault by
Cole with the bat andon the ground.
To the jury Mr.. Cooper said all
were called to perform a solemn
and grave duty standing between
the State of Delaware to see her
laws arc maintained and 10 protect
the young man in the dock should
he be unjustly charged .
Mr.. Cooper then defined what
manslaughtcr meant and said that
the EVIDENCE would show that this
case did not hold any degree o;
manslaughtcr. Murder is where 4
person regardless of law with malice
in his heart and making threats,
with deadly weapon commits the
act. A review of the testimony was
then given from the time Cole came
here on May Is and where he slept
in Edna Wilson 5 room THAT night.
He was not seen again until two
days later. He came to this city
and went to the Western Hotel.
Coles friend had base ball bat.
Cole made threat as he went out.
The same evening at 227 Orange
street. he had the base ball bat. He
was swinging the bat around and
stating that he would cover it with
gore before he left town. He had
knife and said it was for Edna to
dig her heartout. From that house
Cole and his friend went to Second
street near Market where Montague
and Edna came out Of Ewlng's sa-
loon.
Cole recognized the girl and said
"Why are you here;' The girl
scre amed and turned around and
in a moment Cole was upon Mon
tague. He felled HIM by blow to
the street, and as he lay PROSTATE
in the street, Cole stepped up to him
and struck him two more blows.
About a week later Montague
died at the Delaware Hospital from
the wounds inflicted by this Young
man Cole with base ball bat
A Trip to Texas