The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-10-03
NEW POINT
RAISED.
R g. Harman Represent
ing Hugh Devine Rails.
es an Important =
Question.

After three drunks had been relegstsd
by fine Of sl and costs each, John
sweeny. boy, was charged with having
broken globe OF an orc light. john
Alexander saw the lamp broken but the
stones were thrown by boys named Kans
and Donohoe. The case was dismissed. 4
| Daniel Mcdonnell was fined 50 and costs
for disorderly conduct
| Maggie Segars colored. was charged
with assaulting Alexander Scribner with
intent to commit murder OH septembsr
25th. Scrlbner appeared on the stand
with his head tied up in bsndages. He
did not want anything did with her hus
the court ordered him to testify. He tssti-
fled that on the day in question the woe;
man came to the pool room at Front 6p1..
King streets and called him to the strsets
he failed to go and Maggie entered tn I
pool room and slashed him about thesfaos
with razor. John Farrell testified that
he saw the woman going out the door and
saw the b'ooi gushing from Scribnsr's
neck He saw the razor on the floor and
he picked up the man. Scribner was then
sent to the Delaware Hospital. Richard
Coleman saw the woman make a move
ment with her hand and then he saw tho
blood flowing from Scribner's neck. Then
the woman ran away. MiIliam Morris I
saw the razor drop on tho floor as tho wo :
man left the pool room Charles Hood saw
the woman before she went iuto the pod &
room. After being In the room about 8
minute she ran out Tho prisoner ad-
mitted that she cut Scrbner but used no
razor she was held in Il 900 bail for \
court
When the case Of Hugh Devlue was
called, Helen Flanagan was called to the
stand. She testified that she knew moth.
lug OF tho case except when Mr.. Bogley
struck her mother. The court hero stated
that the prosecution had not connected
Devino with this assault. Deputy Ciy
Solicitor Cahoon stated that Harry Clark
on former occasian hud connected De-
vine His testimony Was that he saw De.
vine throw tho brick that struck Bsgley.
DIVINE and Begley had II quarrel. This
former went out to the street and returned
with tho bricks and threw them at Bag
10y and the result was that Begley ,was
nearly killed.
The court-lIow can we pass upon any n
thing that is not before the o)uct at prs.-
ent' What is tho hearing forS Where
is this man Clarkp
Mr.. Cahoon-Tbis Is case where the y
the witnesses arc unwilling. The testi- 1
mony taken in this case is just as much In
evidence as had it been taken here this
morning. It's the same case continued.
Mr.. Harman said that the first hearing
WINS only one to connect Devine. The de-
fense contends that the first hearing was
equal to grand jury hearing. This 10
the petty jury trial and the evidence before
the grand jury does not cone before the
petty jury trial. We have no chance 10
cross examine CLARK. TIE defense would
prove that Clark was tho man that as-
s,ulted Begley. The constitution gisosa 8
prisoner right to prepare for his defense.
The court was In doubt as to this case. IL
was the opinion Of the court that the two
were separate ones. A prisontr
is not allowed to plead to the charge. The
court wanted TO see authorities as 1t isa
very important matter.
Mr.. thurman said tho arraignment Of tho
prisoner was not the hearing. The case
went over until tomorrow morning. 4,