The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-09-21
MURDER In
FIRST DEGREE.
Grand Jury So Indicts
Cole, and Trial Will
Open Monday.

Monty!oo A. Cole must stand trial fol
his life. In Oyer aud Terniner Court yes
terday afternoon the grand jury returned
bill charging him with tho first degree
murder of William A. Montague in this
city on May II. The indictment contains
four counts.
The Indictment covers five type written
pages aud goes on to stats that Cole, with
out ".he fear OF God before his eyes and
moved and seduced by tho instigation OF
the doyil' assaulted Montague with .
wooden stick valued .at 80 cents. making
| wound one inch deep and three inchss
| long on the left side OF his head, from
which Montague died on May %.
! Miss Wilson was one of the witnesses be-
fore tho grand jury. After the members
wero through with her sho went to the of
fee Of Sheriff Taylor, where she spent
| part of the afternoon. She was the pic-
| ture of perfect health and was much bettor
| looking than when she was first sent to
| the prison to be held as witness In the
! case. She wore light bluo skirt and q
| well-fltting blue velvet jacket and white
| silk waist. During the afternoon she was
taken to the court room In the care OF
| Warden Bowers There she remained for
some time an interested spectatorto the
trial of prisoners charged with petty crimes.
During this time Cole occupied cell in
| tho basement of the Court House. He was
visited several times by his counsel, Wal
ter H. Hayes and Sylvester d. Townsend.
When he was informed Of the action OF the
! grand jury he said nothing J. H. Lafner.
his brothsr-n law, who keeps hotel In
Carton West, near Toronto, was ono OF the
visitors and had short talk with the
prisoner He will remain In this city dur
ing tho trial.
Edna or Emma Wilson. as the name ap.
pears in the Indictment. will b. one of the
star witnesses in the case. She was with
Montague at the time ho was assaulted.
and according to her own stateinenuwas
engaged to be married to both OF the men.
Another witness to the assault will DO
William A. Moore, who followed Cole
when he saw him searching for Montague
with the base ball bat in his hand. Carrie
Smith and Bessie Gray, inmates Of the
house where the Wilson girl lived. have
been summoned by the state Other wit
nesses summoned are Harry Keavin.
Henry Chandler, William Benson, Police-.
mon N. England and J. A. Purcell.
Detectives McVey and Witsil. Drs John
Palmer, d. l. McColley. H. w. Briggs. j.
II. Bastan and John Winthrop. Att0r-
ney Townsend said Cole would plead not
guilty aud that tho insanity plea would
not he made.
TRIAL. OF MINOR CASES.
John B. Tmmons was the prosecuting
witness against William Henry, colored,
charged with pointing pistol. His testi-
mony was that during disturbance in
Townsend he followed Henry and the late
ter told him net to put his hand on him
or he would shoot him and pointed tho re-
yolver at him. David Il. Lyman saw
something in Henry's hand but could NOT
saw it was q pistol. For the defeuse Perry
Pinor, colored, testified that he was with
Henry and he had no revolver. Andrew
Fountain was also with Henry but did
not soc him have a revolver. Joshua
MIdcnp and Joseph Watson neither saw
the prisoner have a revolver. Henry went
on the stand In his own defense and swore
that he neither pointed nor carried
weapon on the night mentioned. After
argument by both sides tho jury retired
rrturnp1 Vasiict Of
guilty. The court sentenced him to pay o
fine of $50 and costs.
Walter Brown, colored, failed to answer
when his name was called. Later he was
return to court on a capias and as he
could give no satisfactory reason for re-
naming out of court he was commi. ted
for contempt
Tho jury in the Bell case returned YER.
dict OF guilty. with recommendation for
mercy and the court sentenced the prison.
or to three months imprisonment
Elmer Coyle, Joseph Dugan and Howard
Hinton entered pleas of not guilty to the
indictment charging them jointly with tho
larceny OF goods from Hop Lee. Andrew
f. Sanborn appears for Dugan and L /.
Handy for Hinton. Trial of the cases was
fixed for this afternoon.
Attorney General White nolle pss.-~--
the case of larceny against EdwardIn-
son, coored, he having been in@fcttllAa
der the name of Eibert Hnson.
Joseph Dugan who was indicted for the
larceny of revolver from the Diamond
State Car Spring Company, was next
placed on trial before ju3y, He is the
man indicted with Hinton and Coyle for
tho Lee crime Andrcw Il. Sanborn ap-
peared in his behalf. The state opened
its case by calling John Joyce, l9year
old boy who idcnt tifled the revolver handed
him Us one he had seen in the office OF tho
Diamond State Car Springs Company on
tho night OF May 18th. On that night
the witness and Dusan forced IN entrance
in to the cornpany's office and after making
an unsuccessful attempt to blow open tho
company's safe. Dugan broke open desk
ard took the weapon.
Mr.. .Sanborn in crOss-examiuation, ask
ed the witness when he first turned states
evidence against Dugnn, and he replied
whio at tho station house under deten-
ton for disorderly conduct He lodged
the information with Captain Chambers
and Chief of Police Dolnn. Mr.. Sanborn
inquired If he had MT told.Alrs, Dugan, the
mother of the prisoner that he had fur
nished tho authori les tho information
while under tho influence of liquor, and
although ho acknowled ged that he lad
made the remark ho said no had lied. At
this point tho prosecution aestcd, tempo
rarily.
Tho grand jury found the following in
dictmcnts Howard GroEg. breaking and
entering touic; Howard Hinton aud El.
mcr Coylc, assault with Intent TO commit
murder on Sam Lee. n Chiuaman, Edward
Roch and William Browman, two inaict.
ments, peddlins.
-------------s-
Springs Railway Company In Court.
The Wilmington and Brandywins
Sp in - Electric Railway Company has q
damage suit on hand. Yesterday after