The evening Republican., 1902-05-26

, member OF the exam lining Board.
David r. Marvil fiifets m4mda 4.
mus to compel John P. WEIGH acting
:, Chief Of the Fire Department to
: show cause why lie SHOULD not turn
!, over the keys Of the Office and recog-
: nize Michael 4. Conway. who was
! chosen chief by the Combinations
Companies, they being ia the major.
, ity, at the regular election for officers
held several weeks ago but who city
Couacil refused to recognize.
!, In the petition the following
letter appears which was written BY
Mr.. Conway, 10 Mr.. WEIGH directly
after the formers election.
Wilmington Del, May 10th, 1902.
MIR. John p. Welsh, former Chief OF
the Fire Department, Of the City OF
Wilmington.
Dear Sir:-I was duly elected
Chief Engineer of the Fire Depart,
ment of the city of Wilmingt0n. at
the election held on the thirteenth
instant. Your term of Office having
expired l respectfully request and
demand that you turn over to me.
the fire alarm keys and the horse
and buggy which belong to the Of
flee of Chief Engineer Of the Fire
Department of said city.
Very Respectfully, ~t
Michael T. Conway.
This communication Mr.. WEIGH
paid no attention Ito and refused to
recognize Michael T. Conway as
Chief Engineer of the Fire Dspart-
ment. The rule was made return.
able on Friday Of thss week.
Superior Court was adjourned
until tomorrow and the Court of
Oyer and Terminer opened.
The State in the case of Albert
Wright who is charged with man.
slaughter closed on Friday last. J.
Frank Ball who represents Wright,
this morning before calling any
witnesses, asked the court to id
struct the jury to return verdict
of not guilty, as the State had failed
to prove what was the direct cause
of Howard Windle's death. Z,
The court declined to so instruct
the jury.
The first witness called by the de.
Tense was Charles G.. Guyer, who
was the Coroner's official stenogra-
pher. Mr.. Guyer identified a copy
OF the testimony taken at the in.
quest.
John Gowan testified Wright was
a sub tenant Of his. George W. King
Of near Kennel Square testified that
lie had known Windle for Is years.
He brought him to Wilmington on
the day he was In his wagon and was
with Windle from clock In the
until IL CLOCK at noou.
DR.. Conard, S. Reynolds brother
in-law Of Windles testified that hs
had known him for IS or 80 years,
Dr. Reynolds testified that be had
treated Wiudle flor asthml and hs
lad suffered from 1t to some extent
Tor live years. Dr. Balls question az
20 what effect so far rs producing
vertigo or causing him to fall down.
Asthma would have, was objected to
BY Attorney General Ward, unIess,
Mr.. Ball could prove that Wtndle had
vertigo the time he was injured.
The objection was sustained.
Alfred Wright the defendant was
,cxt called. Wright said that Ia
March he had a stable at No. l Ship
ey street ard in the stable he had
me horse. He mover saw Windle be.
ore he was in his stable. On the DAY
hat Windle was in his stable, ho
vas in the house half asleep when
lis housekeeper came to him and
Old him there was a mau IN the
table half asleep on a bale OF hay.
Continuing his description of what
appened between Windle and him -
elf Wright said II went out and q
aid, neighbor get up what are you
ding herel asked him several
ines to get up and he would partly
pen his eyes and then close them.
Ifter l called several times he open
d his eyes and said you can't put
le out. l told him that if was in
is place and he asked ms to leaveI
vould go. then took him kindly
y the arm and led him out. He
'alked along orderly and I told him
} 60 about his business. walked
i'm short distance up the street
nd left him. He turned around
nd called me and when went to \
i'm, he struck at me, but not hard
nough to hurt. I thought that I
'ould have trouble with him yet
nd went and told an officer that
lere was drunken man there.
he officer came and took him.
In being cross examined by Mr..
Yard, Wright said that he never
ruck at Windle.
Chief Black and ex-Detective Wit,
were called and testified that 4
ley had known Wright for ten
ears and that he had a good repu-
ltion. Here the defense rested.
The State called Officer Winthrup
" rebuttal. Officer Winthrop said
lat Wright told him he pushed
indie out and he fell. He also 4
Id him that when he got up he ;
t at him. Mr. Ball asked. the
ourt to charge the jury as to saw
al points in law regarding man. &,
aughter.
Attorney General Ward in adj
'esssing the jury slid This is not
case where malice has to be prov
I appreciate the fact that this is
1t case that arouses much feeling
the part of the jurors towards
10 prisoner, but at the same time
hunan bainn ,rna killol ond thu