Delaware gazette and state journal., 1899-11-30

speaking about an hour and n quarter
lie mate an earnest plea for "a verdict
oI guilty. When he had spoken about
70 minutes, court took recess until 2
FIVE YEARS FOR COLE.
Montyaloo A. Cole was brought into
court of Oyer and Terminer at II, Is
O'Clock Monday and sentenced by
Shief Justice Charles B. Lore to pay a
nne OF 500 ana the costs of prosecution
and to be imprisoned five years.
:, Cole was brought in by Bailiffs
brooks and Smith. Although he walked
as u weight was off his mind, no
change OF demeanor WAS noticed. Bailiff
Armstrong, who had been with Cole
throughout the trial took Smiths place
beside him in tho dock Coles coup-
sci, Walter II. Hayes and Sylvester ID.
Townsend, Jr., and Attorney. General
Robert q. White were In court as wero
also Coles brother, John Il. Colo and
brother r-in-law, g. II. Letter of Bramr-
ton, Canada. While judges Lore,
| 'Spruance and Grubb were comforting
us to the sentence, Cole occasionally
rubbed his eyes, and tho large audi
ence awaited exrectanty.
Chief Justice Lore told Cole to stand
up, You were indicted" he said,
tor murder in the first degree. The
jury returned u verdict of guilty of
mansaughter, and after carefully and
thoughtfully considering all the Gil
cumstances of the case the sentence
that we are about to pronounce, approves
itself to Our conscience. ~ He then
pronounced the sentence. Cole gets the
limit as to impi isonment, but the fine
limit is 1000 in cases of manslaughter.
The sentence was heard in silence
and Immediately afterwaid Cole was
removed to the cells and later to New
| Castle Jail
Montyaloo A. Cole was found guilty
in Oyer and Terminer Court on Satur-
day night OF manslaughter in having
caused the death of William A. Mon
taeue in May last. The jury had re-
tired about D. 81 O'Clock after hearing
the charge by Chief Justice Charles B.
Lore. As matter Of precaution the
court informed the jury that the Judges
would be at call until 10 O'Clock at
| night, and in case no agreement was
reached at that time would be at tho
| Court House again at 10 O. clock Sunday
morning.
1t was Just about O'Clock Saturday
night when word was sent to the judges
and attorneys that the jury had agreed,
and possibly 40 minutes later, Chief
| Justice Lore and Associate Justices
Spruance and Grubb took their seats
on the bench. Within the bar were
Deputy Attorney. General Peter l.
Cooper, Jr., representing the State I;
Walter II. Hayes and Sylvester d.
Townsend, Jr., for the prisoner; John
i. Cole and Albert Cole, brothers,
together with other relatives and friends
Of the prisoner.
After the judges had become seated
and had had the prisoner brought in,
Bailitf George Smith unlocked the
main door of the court room and a
crowd of about 75 men came hurrying
in and took front seats.
The jury was brought in and IN re-
sponse to the customary question by
Deputy Clerk of the Peace George
Janvier, Foreman A Albert Hartman an
ncunced that the Jury found Cole guilty
of manslaughter, OF as the records will
have it: mot guilty in manner and
form as he stands indicted, but guilty
of manslaughter. ="
Cole had riveted his gaze upon the
foreman will he listening for the ver-
dict and when he heard it, turned his
eyes to the ceiling and pressed his teeth
against his upper lip.
The prisoners friends were glad he
had not received more serious verdict,
and Hairy p. Joslyn pressed Mr.. Hayes
hand In congratulation of the attorney.
The talisman drawn ON the case,
Edwin A. Reed. was discharged flom
any further attendance; the special
| Oyer and Terminer jurors were dis
/ \ naaan,tn.. Ttb
when the trial of Harry Wallace for the
murder of Mary G. Perry, is to begin.
After this had been done, The
pi isoner was remanded to the custody
Of the sheriff.
The jury took five ballots in. reaching
its conclusion, the ballots being as fol-
lows:
First-Murder in the first degree,
two; second degree, three man
slaughter, four; not guilty by reasop OF
insanity, three.
Second-First degree, two; second
degree, four; manslaughter, four; mol
guilty by reason of insanity, two.
Third Second degree, one; man.
slaughter, II.
| Fourth-Socond degree, one; man
slaughter, IL.
| Fifth-Manslaughter, II. i.
Among those who hoard the verdict
was Edna Wilson, the woman in the
case. She was standing in the rear o.
the court room when Foreman Hart
man announced the jury's decision.
She made no comment. Sunday,
she ordered a supper sent to Coles cell
but the guard at tho Court House hae
it returned as Coles supper had alread,
been ordered for him. Tho woman
secured all her clothing ard othel
possession from New Castle Jail las
evening. She talked of going to New
4 York and thence to Denver, where sh!
said her people reside.
Miss Wilson'S action on Saturda,
while Deputy Attorney General Cooper
was addressing the jury, showed mucf
nervousness and interest In the case
He had mentioned her as largely re
sronsible for the condition OF affairs
and had remarked that the affection o
woman of that nature was not yer,
strong and did not last long, and Edna
who was ut first standing against thu
wall 10 the rear of the room, gradual,
moved around to the north side wher'
she was in better position to see thu
attorneys face. She was apparentl!
affected by his speech and after leaning
against the wall in one of her aocus
toned poses. sat down on the secon'
row OF seats.
In touching upon the evidence o
inmates of the house on Orange street
NJ where Cole was on the 10Th and lTtl
!, OF May, Mr.. Cooper said:
"There is something good in then
all and you don t know the occasion 0
their fall, and don't you he the one t
I II. Al.z -. 1c