Evening journal., 1899-11-27

LY, BEARING SAME EXPRESSION
THAT HE HAS WORN DURING
THE TRIAL-PRIsoNER MUST
PAY COSTS OF PROSECUTION.
For killing William A. Montague, of
Wyoming, Delaware, Montyaloo A..
Cole was. on Saturday night, declared
by a jury to be guilty Of manslaughter.
The extreme penalty for this crime is
five years Imprisonment.
The killing was done with a baseball
bat brought from Philadelphia by Cole
and companion. For what purpose if
not assault, did not clearly appear at
the trial. The assault was inspired by
jealousy, Montague being attentive to
prostitute to whom Cole also was at
tentive
Thus. with the sentencing Of Cole,
ends one OF the most Interesting cases
ever tried before a Delaware court
one, the interest In which extended
north to Canada, taking In Pennsylva-
mia and New York on the way, and 70
Denver at the West. where the states
star witness claims" to have a home.
The court room was crowded at 2
O'Clock on. Saturday afternoon, when
Walter n. Hayes began his plea for the
prisoners acquittal on the ground OF
insanity. The pleading occupied near
ly an hour
Attorney General Whites closing
plea for the state consumed forty-two
minutes. His argument was not in de-
tall. but a general resume of the testi-
mony, In which he asked for a verdict
OF guilty in the first degree
After Mr.. White had finished Chief
Justice Lore announced that the court
would retire. and instructed that the
jury be taken to its room. The delib-
GRAFTON over the charge which the chief
Justice had prepared extended from
S.45 to'5.25 o'clock.
The charge was delivered by Chief
Justice Lore. and In it the jury was
instructed not to take into considera-
ton the second count of the indict-
ment, as no evidence sustaining it was
produced that only the first and the
third counts should be considered. The
degrees OF murder, first and second,
and that OF manslaughter were explains
ed The meaning of malice in a legal
sense, what constitutes q crime, and the
responsibility Of man for his own
acts were explained in detail The
meaning Of insanity was also explain
ed and the charge went on: THE in
quiry is always. in a case like this, mar
rowed down to this plain, sharp ques-
tion, Of the insanity of the person at the
time. and in respect to the criminal act
charged against him. Was he at the
time, and as touching that act, sane or
insane?" The attention of the jury
was called to two primary or cardinal
rules or tests. that every man is pre-
sumed to be sane, and to possess a suf-
hcient degree Of reason to. be RESPONSE
BILE for his crime, until the contrary be
proved, and that insanity being a
matter or defense the burden of show
ing II lies on the prisoner"
The charge concluded: Applying the
law as the court has just given it to you
to the evidence in this case. you must
reach your conclusion.
III you should be satisfied from the
evidence, that the prisoner at the time
he gave the mortal wounds. was labor
ing under such a disease OF the mind
as to render him for the time being in
capable of distinguishing between the
right and the wrong of that act. or was
without the power to choose whether
or not he would do the act, you should
acQuit him, on the ground OF insanity
NhA NAAOuAu ~ l0luln lOuI NCluAtNs
But II you are satisfied that he waf
then capable Of so Distinguishing and
had the power OF so choosing, you may
II erevidence shall fsoa warrant FIND
the prisoner guilty OF murder Of the
frst degree, or OF murder OF the second
degree, or of manslaughter"
EXCEPTION TO THE CHARGE.
Mr.. Hayes. for the defense, immedi
ately noted an exception to the charge
and the court accepted it,,
An additional bailiff was sworn an,
the jury retired for deliberation at ga
o'clock. The court instructed the bail
ms that II verdict was not reache,
by 10 o'clock that the court woul,
come In at o'clock Sunday morning
Cole was taken to his cell in the Cour
House.
During this time Edna Wilson, tn
woman in the case, who has been de
tanned in Jail as a witness sine
the day Of the killing, May II, re
mained in the court room. She anxious
~ inquired what was to be done wit
Cole as he was being taken out of tn
dock toward his cell by his tipstavei
She has received for witness fee
$151.40. She sent a supper to Cole /
his cell. but it was returned to tn
restaurant, since provision had alread
been made for his meal by Sheriff Tay
Tor.
At 7l5 o'clock. when the jury ha
deliberated less than one hour and
half. the bailif in charge was notife
that a verdict had been reached. tn
court and counsel were sent for. Upo
their arrival Chief Justice Lore orde
ed that the jury be brought into IL
court room. Deputy Clerk Of II
Peace Janvier asked the usual Que
tions OF the jury and Foreman Albe
Hartman replied Guilty of maj
slaughter"
Cole, as throughout the trial, was III
moved at the announcement OF the We
dict. He did, however. look direct
into the face Of each juror as they I'll,
into court. The prisoner was taken
New Castle Jail on Saturday night.
In all, five ballots were taken bv II
fury on which to get q verdict TT