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


Oyer and Ierminer Court yesterday
week for the murder of Mary @.
Perry, in Blackbird bundled on No
vember 7th. The court assigned Robert
II. Richards to defend him. The in
dictmtnt occupied about 20 minutes in
reading, and during that time Wallace
held up his hand and at the close,
said mot guilty. in clear and firm
tone. The trial was set for Thursday,
December 7th.
In the case of DIR. George W. Quinn,
charged with criminal malpractice,
Deputy Attorny General Cooper asked
that nolle prosequi be entered. The
case was dropped on account of in
suificiency of evidence.
John Harris, Hockessin colored
man, was found guilty of assaulting
Lizzie White at church festival, and
was sentenced to three months i'm
prisonmeot White said he was mem
ber Of the Sunday school and was to
have sung rae-time song; for this
reason he objected to paving his way
in. lie got in and was buying lemonade
and a ginger cake when some men tried
to put him out. Then there was
trouble. According to an officer of the
church Harris assaulted several people
who had to be carried out before they
could be revived. Harris said he did
not mean to strike Mrs. White.
Leander Ellis, who pleaded guilty of
being concerned in the same assault,
was sentenced to two months inn
prisonment
The trial of Montyaloo a. Cole for
the murder of William A. Montague
was begun in the Oyer and Terminer
Court Thursday morning.
Attorney General Robert 9. White
announced at 10. ID O'Clock, that the
State was ready, but Walter II. Hayes,
who, with Sylvester ID. Townsend, Jr.
represents the prisoner, asked foi delay
until II o'clock because two witnesses
had not arrived. He said these two
witnesses were from Canada. Deputy
Attorney General Peter L. Cooper,
Jr., said he did not object to grant
ing oounsel's application, except tha
it was important to tiy the cast
this week. "We will try it this week,
said the Chief Justice.
In order TO allow time for Coles wit
nesses, the court took up the Law
case. hut soon disposed of it.
Shortly before ii O'clock, the cour
asked Mr.. Hayes if the jury could no
be drawn, but he said he desired full
panel present. Out OF 5i jurors sum
moned, seven had been excused and L
were out on the Gamble and Fitz
patrick case.
= ABOUT IL o'clock it was decided t
take up the case of Jacob A. Daniels
charged with acting improperly toward
girl, but the return of the Gambl
and Fitzpatrick jury changed th
situation and the court directed tina
Cole be brought up.
Cole was brought into court betwee
Tipstayes Armstrong and Brooks, abou
1l.l3 o'clock. At that time the aud
torium was about half full and POI
sibly score of attorneys we're With
the bar, Chief Justice Lore and Asst
ciate Justices Spruance and Grub
were on the bench.
Cole, who has been in confnemel
since his arrest on May 18th, locke
Fale but calm. Clerk Of tho Peat
Foard told him if he had any objectie
to the men called as Jurors he shou
challenge them when thpy came to Il
hook. Each juror was first sworn th
be would true answers make to que
tions asked him. Walter Fl. Hayes 4
Cole. would ask If he had formed al
expressed any opinion touching h
guilt or innocence of the prisoner, al
Attorney. General White would ask
he bad such conscientious scruples
would prevent HIM from finding q ve
dict Of guilty where the punishme
was death.
If he had no such scruples and "
aot challenged he was sworn.
a sensational incident occurred VIII
edwin G. Clark of this city came
Ihe book Mr.. Clark is Comptrol
Kelley's clerk. He had answered be
the questions satisfactorily; then n
Hayes announced that he had a gu
tion involving ground of challenge
cause. lie asked Ibid ycu this moi
ing in the hall say to Mr.. Townse
you better rot take me on the jury
you don't want Cole convictedf'
words to that offect?"
CLARK replied that he said somethi
like that, Wishing Mr.. Townsend
challenge him.
Deputy Attorney. General Peter
Cooper brought out that Mr.. Cl;
had spoken jokingly to him with RET
ence to serving on the case, saving Il
the State better not rut him on. !
Cooper believed he was innocent
any wrong Intention.
II think some jokes are crime
remarked Judge Grubb.
Mr.. Hayes held that Clark was {
qualified by his statements.
Chiof Justice Lore. speaking for h
self and Judge Spruanoe decided I
he was not disqualified. II what
said were a disqualification avery il
who did not want to sit on {
would speak of ii and jury wo
never be secured. He remarked tina
is a very unpleasant thing to sit
case involving human life.
The defence noted an exception
the ruling as TO Clark and then cl
lereed him.
Judge Grubb expressed his dissent
opinion ON the ruling.
He said: II think / ought to
that my opinion is, that juror
has such disregard of the gravit
tho situation where human life i
stake and has the levity Of mind /,
to counsel On either side and N
such remarks, Is unfit to sit and,
seriously and gravely and imparit
with case Of life and death.
Therefore do not think he OF
be allowed to sill in the case at all.
In my opinion, IL is grave di
gard OF his duty, summoned and sv
as he is as juror, and it is a conte
OF codrt. II jurors who repeat
thing are punished by tho court
contempt Of court, as in my opIl
the court has the power to do, it ",
stop it, as it ought to-
JURY FANgJ EXHAUSTED.
The, Jury panel ran out on the
man. Then Sheriff Taylor sele
talismen from the room TO fill tho
place in the box. Horace Gre