The evening Republican., 1902-06-14
CONIINUAECE IN
MCDANIEL CASE

The judges OF the Superior Court
this morning, granteda continuance
until the September term in the case
o, Sheriff Mcdaniel, Mayor Boyd.
Harvey B. Wisglesworth and Walter
Rash. who are charged with conspir.
acy to defrau | the county. The
continuance was nude after the
Court had declined to compel the at
torney general to file a bill of par.
tculars in connection with the in
dictment. Alexander b. Cooper,
Anthony Higgins. William S. Hills,
William Head and John II. Rodney
are counsel for the defendants.
The defendants bonds were fixed
at the same amount that was named
when the indictment was brought
which was $500.
The affidavit Of Sheriff Mcdaniel
AYERS that the defendants have
material witness whoreSides and now
Is outside of the State Of Delaware
that the name Of said witness is Cyril
=. Earian, and that said witness
resides in the city of New York, aud
that this deponent AMI said other de-
PENDANTS are unable to secure the
attendance Of the said witness at this
term OF Court, but that the sud de.
PENDANTS believe they will be able to
secure his attendance at The next
term; that the nature of the testi-
mLny of said witness. is to prove that
Montyloo A. Cole, who is witness
for the State in the prosecution of
said indictment, ana who as such,
appeared and testified before the
grand jury before they found the said
indictment, and without his testi-
mOny the said Indictment could
not have been found, had made
threats in the presence Of the said
Iorii =. Farlan that he had SAID
Cole would make this Department and
tie a d defendants, Harvey Wig gles-
worth and Walter Rash suffer, be.
cause Of certain conduct Of the said
three last.namel defendants against
the said Cole while he was prison.
er in their custody; and that the
said defendants believe that they
could not safely and properly 90 to
trial without the said witness.
The affidavit. Of WigyIesworlh and
Rash also refers 10 Narlan as the
witness needed aud adds the nature
OF tn. testimony OF said witness is
tc prove the number Of Migrants
and prisoners lodging or being aud
remaining in the all Of New Castle
COUNTY from day 10 day and dur.
ing the three months ending on the
5O,h day OF June. a. d. 1901.
Attorney.Gcncral Ward opposed
the case being postponed. lie said
The case would not come to trial for
two or three weeks and that would
give the defendants ample time to
Teparc their defense.
lie said there was nothing IN the
affidavit to show that the counsel
had made any effort to get the
wItness, although It plainly stated
heived IN New York CITY. One OF
Mr.. Wards principal reasons Tor
opposing Il CONTINUANCE he SAID
was that while the s'atas witnesses
are at present. 10 the iurISd c.lon of
the state. they might not be by the
next term. In concluding his adj
dress opposing the continuance Mr..
Ward said that he should think the
defendants would want Il speedy
trial instead of having it postponed
Until next term.
Mr. llllles, counsel for the do.
PENDANTS, said they wanted speedy
trial but did not want to go to triad
until they had their defense realty
During his argument MIR. Hillese
sail God help the state if it has
such witnesses that can't be kept in
the state
He suggested that the witnesses
'be put lndtra bond and if unable
to furnish he placed III the work
house to await the September term.
Mr.. Ward said "n" ot the wltnrsse.
was from this ,4tN, oua from Cana
da and one from Chicago.
Anthony Higgins said that as Ions
as he could rpmrmhel il had been {
rule with the court to grant Il con
tinuance in ml-jlcmeanur case
when it is asked for an account 0
the absence Ut material witnesses.
1t was ut this point thar the cour
decided t. %raut the continuance
Sheriff Mcdaniel. Wigglesworti
= and Rash We're in the curt room
when the decision was given.
NJ N0N 1N