Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-05
LOUISA MAGNELL GUILTY.


Sewer DirecIo Ayers 5. Webster,
James ID. Carter and Patrick Fahey,
to bond in the sum Of $50. 900 each, be-
cause their bcnds to that amount are
not in the possession of the city
treas suger The action was taken in
mandamus proceedings presented to the
Superior Court by j. Harvey Whiteman,
soon alter the opening Of SQUIRT Friday
morning.
Mr.. Whitsman fled three petitions
for mandamus, one against each OF the
directors. The petitioners are Alfred
Gawthrop, Archibald S. Reed, Henry
b. Thompson, Peter j. Ford, Peter W.
TomlInson, Alfred d. Warner, Howell
s. England, Jerome B. Bell, William
+. Kurtz and George r. Hoffecker, all
'oitizens and taxpayers, interested ir
the execution of the laws of the State
of Delaware. The petition reoites the
fact OF the appointment of the directors,
and OF the dates on which their oaths
OF Office were filed: Mr.. Webster 8,
March ;lotn, 1897; Mr.. Carter's, March
3lst 1899, and Mr.. Fahey's, March
Both, 1901,
Then the petition AYERS that it was
the duty of each OF the directors, imme-
diately after the organization of the
board, to enter into hond With suretie;
to the Mayor and Council in the sum
of $50, 900, said sureties TO be app owed
by the city judge, the condition of
which pond should be to comply In
all things with the provisions of the act
and faithfully execute the trusts con-
tided in him; said bond to have sub
joined thereto a warrant of attorney to
confess judgment thereon, and the said
bond and warrant TO be filed in the Office
OF the city treasurer, there to remain
until, in the judgment of the city
Judge, the interests oil the city demand
that it bs entered in the Superior Court
of the State of Delaware.
But, according 10 the patition, the
directors did not deliver such bond to
the city treasurer. Wherefore, there
being no other adequate remedy in the
premises, your petitioners pray this
honorable court to issue" peremptory
writs of mandamus commanding each
director to deliver bond, executed in
accordance with the statute, imme-
diately, to Seth Ii. Feaster, city
treasurer, in the office of the city treas
urer, TO be filed therein.
The court granted rules on the de-
fen5ants to snow cause why the petit
tions should not bs granted, the rules
being made returnable the following
Wednesday.
David, alas "Buok," Cunningham
pleaded guilty in General Session Court
FRIDAY to stealing brass journals
from the Baltimore & Ohio Railroad
Co., and was sentenced to thres years.
Imprisonment and to receive 20 lashes.
Attorney General Ward retired two
other indictments that had been found
against Cunningham. Chief Justice
Lore gave the prisoner some good
advice, telling min that he nould learn
"a trade at the workhouse, and by good
behavior could reduce the term some
what.
Mrs. Louisa Magnell was put ON trial
on the charge OF performing criminal
operation upon Mary M. Taylor on July
26th last. Attorney General Herbert
II. Ward and Deputy Attorney General
Robert Fl. Richards conducted the
prosecution, and J. Frank Ball and
John +. Lynn represented the prisoner.
1t being felony charge, Mrs. Magnell
was required to go into tho prisoners
box. She took a little boy with her,
but the boy was taken from the box
and placed on chair in front OF it,
but as he was not Mrs. Magnell's son,
the court had Sheriff Mcdaniel remove
him from the room.
After Mrs. Magnell had pleaded not
guilty to the Indictment, which con-
tained four counts, Judge Ball asked il
she could leave the box, but the court
required her to remain there.
W. L. Derrickaon IS the foreman Of
the Jury trying the case. paschall
Dixon, Ill. L. Tatnall and John uamil-
ton, who were called to the Jury box,
we're challenged by the defence.
The taking Of testimony was con-
clUded in Gene al Sessions Court on
Friday in :he case of the State vs.
Louisa Aaenail, charged with perform
ing criminal operation upon Mary NJ.
Taylor. Argument was concluded last
evening, and the jury was charged by
Judge :gna ins G. Grubb this morning.
1t retired about 1910 O'Clock Former
Judge j.. Srank Ball, of counsel for
Mrs. MagnsA, noted an execution to the
charge.
The jury in about half an hour re-
turned verdict Of guilty with a recon-
inendation to the mercy of the court.
At the request OF Judge Ball the Jurors
were polled; each said that was his YER
dict; then they we're discharged until
next Monday morning at 10 o clock.
Chief Justice Lore told Mrs, Magnell
that in consideration of the jury 8
recommendation to mercy, she would
receive the lightest sentence under the
law. But We want to say to you,
continued Judge Lore, land through
you to any and all people who are en-
gagged in this kind of work, that it is a
work that involves human life, and
while the penalty is severe, it is not
m re severe than the court thinks it
ought to be. This is the first conviction
under the act and we hope this will be
the last case of the kind. y
He then sentenced Mrs. Magnell to
pay line OF 500 and be imprisoned at
the workhouse for one year. The sen
tenoe was hard blow to Mrs. Magnell.
After shesswas taken from the courtroom
by one of the workhouse guards, her
young daughter, who was IN the
womhn's witness room, learning of her
sentence broke down and went bitterly.
Publication was ordered In the di-
vorca cases of Gilbride vs. Gilbride
and Garter VS.. Carter.
Robert II. Richards was appointed
commissioner to take testimony in the
divorce case of Engle ys. Engle.
In the case OF Tax Collector Lewis vs.
the wi mingtun City Railway Go, in
voiving the right of the city to tax the
railways roadbed, Walter Ii. Hayes, of
counsel for the company, announced
that Robert q. Harmap, of counsel for
the city, was in Colorado. The case
was passed for the present. 1t is TO be
argued on case stated.
General Sessions Court heard two
non support cases. Ella +. Hsckett ac-
cused her husband, Isaac Hackett, of
NON uupport hut altar tho coprt hao. .d