Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-05-29

nI'Ni hhhii bhhuhly iS uli lDL tDll-
tribute to the support Of their three
children, but since January had
bought some clothing for the children.
Victor Is Woolley represented Miller
The woman said they were married in
1877, and he declared that they were
never married Yet he had signed
deeds for real estate with her and rep
resented her to be his wife.
Mr.. Miller offered to take the chill
dren, to give the two boys trades and
to send the girl to school.
Decision in the Miller case was put
over until next Saturday.
Samuel II. Irwin was charged with
failure to support his wife, Rosanna.
Irwin was represented by John f.
Lynn. He was directed to pay S12 a
month.
The trial of Alfred Wright, colored,
for manslaughter in causing the death
of Howard Windle on Marcn Goth last,
was resumed in Oyer and Terininer
State had rested, after having shown
Court Monday morning. On Friday, the
that Windln had died of fracture of the
skull, and j. Frank Ball, before opan-
ing for tho defence Monday, asked
tho court to instruct the jury to return
q verdict Of not guilty. Mr.. Ball based
his application on the ground that the
State had not shown that tho blow in
hicted by Wright on Windle caused the
fracture, Mr.. Ward argued that there
was sufficient evidence to go to the
jury. Tho court overruled the motion.
Then Mr.. Ball asked that certain
counts Of the indictment be stricken
out because they had not been estah-
lished, but the court refused the motion,
and told him TO go to the jury.
Judge Ball told the jury that Windle
was in Wright's stable and Wright put
him out, but with no more force than
it was proper for him to use.
Charles G, Guyer, stenographer,
testified that Peter Stewart gave testi-
mony before the coroner's jury such as
he had transcribed.
John A. MCGOWAN, who had the saloon
at Front and Shipley streets, said that
Wright was sub-tenant of his.
George NJ. King, who lives above
Kenneth Square, and knew Windle for
10 years, testified that he drove to town
March 25th, and Windlo came with
him. They separated at 10 minutes Of
Il. While together they did not visit
Shiploy street near Water,nor drink in
a saloon there or anywhere.
On cross-examination King said he
kne v it was 10 minutes of IL because
he looked at his watch and as soon as
he heard of Windle's death, he recalled
the fact.
DIR. Conrad s.. Reynolds Of Kennett
Square on being sworn was reminded
by Chief Justice Lore that he had moi
kissed the Book then he kissed it, He
was brother-in of Windle, anC
had attended him for bronchitis ano
asthma, The attorney asked him i.
these troubles did not at times brine
on vertigo and cause Windle to fall
Mr.. Ward objected to the question, un
less it DO followed up with proof that
Windle had asthma or bronchitis ane
vertigo at tho time he was injured
Tho court sustained Mr.. Wards objec
ton.
Alfred Wright, the prisoner, was pu
on the stand. He said he had not seer
Windle before seeing him in tho stable
Learning that Windle was there ht
went to him and called him and sale
"Neighbor, get up from hers - Windlt
opened his eyes about half and re
marked. you can't put me out.
found him heavy; lifted him up anC
assisted him out to tho pavement
"Come here, want you, " said Win
die. The defendant went to him ant
Windle struck at him. Then Wrigh
struck him lightly. Windle, finding
himself about to fall, went down oil
his hands. Then Wright found al
officer and told him q drunken maj
was on his pavement.
On discrimination, Wright sail
he neithor struck nor kicked Windl
in tho stable. He did not see any bloo
come from Windle's mouth. He deniet
telling Officer Winthrup that no say
Windle was bleeding.
Chief OF Police George Black sal
that Wright's reputation for peace an
| good order was good.
Ex-State Detective Walter Witsi
also gave Wright good reputation.
| Ihon the defence rested.
In rebuttal, Attorney General War
called Officer Winthrup to the stand
who testified that Wright told him
put Windle out and he fell and the
got up and hit at tho prisoner.
After prayers had been submitted
tho lawyers went to the jury.
Attorney-General Ward, in arguin
the case, said that Wright might
justified in putting Windle off hi
premises, but not in striking him afte
no was off his premises Wright wa
not required to defend himself and ha
no right to assault Windle.
Judge Ball argued for tho acquitti
of Wright, holding that he had used n
more force than necessary.
The attorney general closed and til
case will then go to the jury on th
charge of tho court
WRIGHT GUILTY or ASSAULT.
"Not guilty in manner and form &
indicted, but guilty of assault" WI
the verdict rendered in Over an
Terminor Court, Monday after loor
in the case of Alfred Wright, cvIoreC
Indicted for manSlaughter in causin
tho death of Howard Windle. II
case went to the jury On the charge
Chief Justice Charles b. Lore. Virgil
was represented by j. Frank Ball.
Alfred Wright, colored, gots @
easily for tho death of Howard Windl,
the Kenneth Square man who died of
fractured skull. The State charge
him with manslaughter, but the jul
found him guilty of simple assault, an
the court Tuesday morning gave him
light sentence. Chief Justice Lor,
after telling Wright to stand up, sri
that good character had been estal
lished Tor him, and it seemed to he
proper case for leniency; the OF
perience, however, was warning
him. Then the Judge directed him
pay fine of $50 and costs, and con
united him to the custody of the worl
house. trustees until the sentence
carried into effect. The costs wei
about $50 and with tho fine we're PAL
Tuesday, and Wright went free.
Judge Ball, who defended Wrlgh
has had good luck with cases at tn