The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-09-21
COLE PLEADS
NOT GUILTY.
His Case Will be Called on
Wednesday. But Con-
tinuation May Be
Granted.

Montyloo A. Cole, the young Ca
madam, who is indicted for the first
degree murder of William A. Mon
tague, appeared before Oyer and
Terminer Court this morning for
arrangement. The unfortunate
young man was led into court by
Tipstaves r. l.. Armstrong and w.
X. Brooks and took his seat In the
box as unconcernedly as did his
keepers. He was attired in ii suit
of -brownish material and wore tie
OF black. His hair was neatly kept
and every feature was one of refine
ment.
AS soon as Cole was seated, Chief
Justice Lore called upon Cryer
Smith to command silence and after
the cry was made. Cole was COM
manded to stand uptor srraignment.
With uplifted hand he heard Clerk
Foard read the long indictment
containing the four counts charging
him with killing Montague "wlthout
the fear of God before his eyes and
moved and seduced by the instiga-
ton of the DEVIL During the
reading of the writ Walter II. Hayes
and Sylvester d. Townsend occupied
seats directly in front of the box and
when the unfortunate man was call
ed upon to plead to the charge, they
instructed him to answer "Not
Guilty" He did so in an untalter-
ing tone and subsequently announc-
ed his desire to be tried "by God
and my country" the usual request
in such cases. "May God send you
a safe deliverance,' was Clerk
Foard's concluding remark.
"What will you do with the case?'
inquired the Court.
Mr.. Hayes: LAS several of our
witnesses are out of the State, we
feel compelled to ask that we be al
lowed until Wednesday of next
week to prepare for trial. We fully
expect to be able to proceed with
the case at that time, but if our
witnesses do not appear, we will
seek a continuance until the next
term of court. "
Mr.. White: I'VE agree that the
case shall betakenup Wednesday,"
Mr.. Cooper: but we will resist
a motion for a continuance after
that date.
Mr.. Hayes: ave are not notion
ing for a continuance al this time,
your Honors, but we will our wit
nesses do not appear. ~ This fin
ished the discussion and Cole was
Ned back TO his cell by the tipstaves
who had brought him into court.
DUGAN TRIAL RESUMED.
Trial of the Dugan larceny case
was resumed in General Sessions
Court after the Cole case had been
temporarily disposed Of by Oyer
and Terlnirer Court.
Chief Of Police Dolan was the
first witness called by the plaintiff
and he gave evidence which con-
aected Dugan with the theft Of the
revolver Officer Aiken swore that
he weapon was one he had seen
taken from Dugan while under ar
rest at the station house.
lssac Whalen, who is now a
Waterman i'll the employ of the Dia-
mond State Car Spring Company,
but who, at the time of the burglary
was fireman in the companys
employ, examined tie revolver, but
could not identify it as one he had
seen in the company s office.
George S. Allmon, supcrinte ndent
Of the plant, testified thatth weap-
on handed him was similar to one
the Diamond State Car Spring Com
pany owned previous to May IS, on
which night desk in the Company's
office was broken open and weap-
on carried away. The State offered
no other witnesses.
Then Mr.. Sanborn, addressing
the court, asked that the jury be
directed to return a verdict of not
guilty, as the State had failed to
prove the identity Of the stolen
weapon.
In reply to Mr.. Sanborn s remarks
Mr. White said the question OF iden-
tlty is one the jury should deter
mine He insisted that the testi-
mony of Joyce, the prosecuting
witness, had been partly corrobor.
ated by Mr.. Allmon and was there
fore entitled to some consideration
at the hands of the jury.
The court, after considering the
application concluded in favor OF
Mr.. Sanborn. The jury according
ly returned verdict Of not guilty
and Dugan was remanded to the
custody of the sheriff, there being
another charge of larceny against
him.
YOUTHFUL CRIMINALS.
John Darling, Frederick Steward
Thomas Conlin, John McOurli, Hen
ry d. Faulkner and Frederick
Bierman, boys whose ages range
between s and IS years, were
charged with the larceny Of p air
valves from cars Of the b. & O. II.
X. Co. All the boys, excepting Nc
Qulrk, entered pleas of guilty. He
entered one of not guilty, and a jury
was drawn to try the case. The
boy was not represented by counsel
The State called Steward who swore
that McQuirk was with the boys
when the valves were stolen. Nc
Qulrk went Oh the stand and con-
tradlcted Steward. The Jury re-
tired and had not returned at the
hour Of recess.
Another jury was drawn to try
the case OF the State vs.. William
Wright, indicted for receiving the
property from the boys, knowing it
to be stolen. Wright was repre-
sented by Samuel S. Adams, Jr.
Witnesses for the State were Her
mann D. Faulkner and Fred Stew
ard, who swore that Wright rcceiv-
ed the valves from them, knowing