Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-09-28
COLES TRIAL GOES OVER
Continuance Until November Term on
Application Of His Counsel.
TWO WITNESSES ARE ABSENT
And Their Testimony Is Ma
terial to His Defence.
so COLES SWORN AFFIDAVIT STATES


the defence, the trial Of Montyaloo A.
Cole for the murder of William A. Mon
tague was continued at Yesterdays
session of Oyer and Terminer Court
until the next term OF that court,
which is to be called for the second
week in November.
Court opened about Is minutes late,
with Chief Justice Lore and Associate
Justices Pennewill and Boyce on the
bench. Numerous members Of the bar
were present and the number Of spec
iators was large, although the court
room was not crowded.
Previous to the session, Walter II.
Hayes and Sylvester d. Townsend, Jr..
counsel for Cole, had few minutes
conversation with the prisoner in the
corridor on the first floor. Some per-
sons thought that Cole was not under
guard at the time and that this was
rather an informal way to allow IL pris-
oner accused of so serious q crime to
walk in the corridor. But Mr.. Hayes
says that Cole was under the guard Of
Deputy Sheriff Bradley and Railiff
Brooks. who had simply stood inside to
allow the counsel to talk with Cole.
After court had opened Chief Justice
Lore asked Attorney General Robert q.
White IL the State was ready to try
Cole. Mr.. White said tho State was
ready.
When the defence was asked il ready,
Mr.. Hayes announced that he had an
application to make and would waive
the presence of the prisoner. Tho Court
decided, however, that in case OF such
magnitude the prisoner should be pres
emit.
Cole was brought into court by Bailiff
Brooks and Warden John Hance.
Brooks being the red and Hance the
black staff Tho prisoner wore the same
dark brown suit that he had on when
arraiened last week. He was pale but
composed.
His affidavit in behalf of continu-
ance. which is as follows, was read by
Mr.. Hayes:
Be it remembered that on this 9th
day of September, A. ID. 1899, person.
ally came before me, Jefferson B. Foard,
clerk of the peace of the said county,
who as such is clerk of said court.
Montyaloo A. Cole, who being by me
first duly qualified according to law,
Opposes and says that he is the defend
ant in the above stated cause; that
Robert Heggie and Joseph Ferguson
are each witnesses whose testimony is
very material to his defence, to the
charges contained in the above stated
case. That the said Robert Heggie is
resident of the Dominion of Canada
and the said Joseph Ferguson is resi-
dent of the city of Philadelphia and
State OF Pennsylvania; that the said
Robert Heggie is now in said Domin-
ion of Canada and the said Joseph
Ferguson is now in said city of Phila-
delphia; that he, his counsel, Sylvester
D. Townsend and Walter H. Hayes,
have made every effort to obtain the
attendance of said witnesses at this
term of court; that he is unable to
procure the attendance of said wit
nesses at this term of the court. That
he is informed, advised and believes
| that he can procure the attendance of
said witnesses at this court in tho week
beginning on tho Goth day of Novem-
Der, 1899, and not before that time,
and that he cannot safely go to trial
without the evidence of said Robert
Heggie and the said Joseph Ferguson.
Moptyaloo A. Cole,
Sworn and subscribed to before me
this 9th day of September, A. D.
1899.
Jefferson b. Foard.
Following tho reading of the affidavit
Mr.. Hayes said that upon it he asked
for continuance. He added that he
and MIR. Townsend had tried to secure
the witnesses aud thought until Mon
day night that they would be able to
go to trial.
For the State, Attorney General
White said: 1--WE are ready and anx-
ious to try the case at this term. feel,
however, that there is human life at
stake here and that i cannot ask for
the sacrifice of human life until thoy
have had every opportunity to procure
their witnesses and prepare for their
defence.
MIR. White added that he knew Mr..
Hayes had tried to get the witnesses
as to the materiality Of their testimony
he knew nothing.
The court conferred on the subject OF
the application for continuance was
called Attorney General White, Deputy
Attorney General Cooper and Mr.. Hayes
to the bench to discuss 1t. After the
conference. Chief Justice Lore announce
ed the continuance of the case until the
nextsCourt of Oyer and Terminer on
the application Of Mr.. Hayes.
"Sheriff, the prisoner Is remapded
to your custody, said the chief justice.
Cole was returned to the basement and
afterwards taken. to New Castle lail.
Edna Wilson, the woman in the
murder case, was also at the Court
House this morning. For sawhile she
was in the sheriff's Office and later in
the woman's witness room whence she
could observe the proceedings in court.
She wore a heavy dark blue skirt,
and blue velvet bodice with silk front.
Her hat was largo and trimmed with
dark blue plumes.
Attorney. General White asked that
the recognizanoe Of $500. on which she
was committed as a witness, be con
tinued; but the court held that as she
is in the sheriff's custody she must re.
main there until discharged unless she
secures bail. M
The special Oyer and Terminer Jurors
we're discharged from any further at
tendance at this term.
From the regular panel, q jury was
drawn for nquisitions and the remain
der of the jurors were discharged from
any further attendance with the thanks
Of the court. They had shown a dis
postion to dispatch business, except
ing those who had failed to answer
when their names were called.
In Superior Court. the cases Of Craig
: VS., CHM, James O'Neil vs. Mayor anc
Council of Wilmington, and State VS.
Mayor and Council of New Castle
mandamus case, we're continued.
H. p. Joslyn, commissioner In the
case of Lucy A. Bartlett VS.. George l.
Bartlett. made return favorable tt
divorce.
In the certiorari case Of W. M. Coney
| r. s..