The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-09-27
COLE CASE
CONTINUED.

Canadian indicted for, the first de-
gree murder Of William A. Montague
but it did not open. 1t was con tin
ued until the November term of court
on application of the prisoners
counsel, Walter H. Hayes and Syl-
vester d. Townsend.
Although it had been said that
an application for the continuance
of the case would be made, the Pc
tition came as surprise to those
members OF the bar who were in
Oyer and Terminer Court this morn
ing. Even the court was surprised
and not until after it held a lengthy
consultation, at which the merits of
the application were discussed. was
the continuance granted. Immedi-
ately after Oyer and Terminer
Court was opened, Chief Justice
Lore called on Attorney General
White to open the case. The States
representative announced that he
was ready to proceed with the trial,
but almost before he had concluded
the remark, Mr.. Hayes was on his
feet. He held in his hand an atfida-
Wit signed by Cole, praying for a
continuance OF the case, he feeling
that he could not safely go to trial
without Robert Heggie and Joseph
Ferguson, whose testimony would
be material to his defense. The al
fidavit set out that Heggie was in
Canada and Ferguson in Philadel-
phia, and that they could not be
gotten here until the next term Of
court, After submitting the appli-
cation, Mr.. Hayes said he had made
diligent effort to get the witnesses
here at this term, and not until
Monday was he informed that they
could not come into court. He was
therefore compelled to ask for con-
tinuance of the case.
"What have you to say in answer
to the application, Mr.. White,
asked the court.
"While we are ready to try this
case and had fully expected to-
replied the Attorney General, 1--WE
cannot do other than submit to the
continuance because of the facts
that have been adduced. We have
brought witnesses here from out of
the State and have therefore been
put to great expense in preparing
for trial, but as human life is in
the balance, we feel that we
must let the defence have ample time
to prepare for the ordeal. ! know
that the counsel for the defense has
endeavored to get it's witnesses here
but their efforts have been without
success, so | suppose we must sub
init to the continuance.
Before passing on the application
the court called the interested
counsel to the bench and dis
cussed the matter for five minutes.
Then it simply announced: 1--WE
will continue the case until the next
term of Oyer and Terminer Court. -
The term will begin the second week
in November. Cole was led back to
his cell by Bailitfs Hance and
Brooks.
Edna Wilson. the star witness in the case
was in tho building during the morning
but kept herself behind closed doors At
torney General White asked that the rec
ogniza1ce of $4,000 on which she was CON-
United rs Il witness, be continued but tho
court held that as she is in tn custody OF
tho sheriff she must remain there until
discharged unless she secures hail.
Tho jury panel drawn to try the case
was discharged from any tl1Fshnr attend
ance at court. The general jury with the
exception of twelve men who were held
for inqusition cases. was also discharged
from any further attendance at court.
In Superior Court continuances were
granted in tho following cases: Ben jam; n
Craig vs.. William +. CHM, James ONeil
W.. Mayor and Council, demurrer and
State VS.. Mayor and Council Of New Cas-
tie msndamus. In the divorce OF Lucy
A Bartlett vs.. George l.. Bartlett. Com
ms ioner Harry p. Joslyn submitted 2,
return favorable to divorce. judgment
below was affirmed in the certiorari ca
oi.Erdman Hoffnar, Delaware Elect ,c
Supply Company and Delaware Glue
Works VS.. Alfred b. Davis was heard.
Henry G. Swayne appeared for Mr.. Davis
and Peter l.. Cooper and Charles b. Evans
for the plaintiffs. In the court yes erday
afternoon, L. r. Cochran. Jr,, was APP
pointed commissioner to take testimony
in the divorce case Of Swartz vs. Swartz.
Argument on the demurrer filed in the
At
Evening Publishing Company was also
heard yesterday afternoon. The court
this morning announced that the term
would close on Friday and that all mat.
tiers set for trial and argument on Saturss
day would be heard one day previous.
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