Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-02-06

The General Sessions and Superior
sCtourts for the State Of Delaware in
hand for New Castle county convened
lin February term at the county Court
House at noon Monday, Chief Justice
Charles b. Lore presiding.
The first business, after the opening |
of General Sessions and Superior |
Court, was the presentation by Charles |
". Cullen of Georgetown of his return
as commissioner in the divorce case OF
Charles L. johnson VS., Louise E.John
son. Andrew ]. Lynch, representing
the husband, moved for publication,
which was ordered. The commissioner
recommendation was not made public.
William S. Prickett, commissioner
4 in the, divorce case of Gheretein \.
&Pyle VS.. Joseph p. Pyle, was allowed
8until February cath to file his return.
81 In the divorce case of james II.
&Burnham VS.. Beulah G.. Burnham,
Francis NJ. Walker was given until
February path to file his return.
VI Attorney General Ward Monday
\ afternoon discharged all the witnesses
the cases of the State vs.. John Lynn,
Unless they are subpRnaed in some
her case Mr.. Lynn had paid the
psts of about SlS2 in the various false
ketence cases against him, and Mr..
Ward saw no use in adding expenses
bringing the witnesses to court day
Der day. Mr.. Lynn's counsel, Walter
Hayes, has informed Mr.. Ward that
$1,000 fine will be paid. When that
lone the cases remaining on the
ket against Lynn will be dropped
The first trial of the term was in the
K of Joseph Weldin, charged with
Rult and battery on George w.
hpson, which trial took place Mon,
afternoon. Attorney General
bert H. Ward represented the State,
ARENAS Smith, the prisoner. In
Ing Jurors. Clerk of the Peace
eley had the names of both James
derson, who was not found by
LII Mcdaniel, and Robert Sutton,
has been dead about eight years.
horge W. Simpson Of Brandywine
bred, living on the Edge Moor
testified that Weldin had de-
I'D he would have revenge in q
strate's office, and the witness, in
$r to avoid trouble one night last
bber, when he and Weldin and
din's brother left a Darby car,
ted until the Weldins were some
kance ahead before he started to
d home. But he caught up to them
passed them; then they caught VI
i'm and Joseph tried to talk tC
J. He had not spoken to Weldln
some time md did not answer then,
Weldin declared that he would
&ke him speak and struck him,
&npson, who is an elderly man, said
II / Weldin choked him so that fol
#hile he could not speak When he
ii his wind he cried Murder.
AIDA Simpson testified that her father
As almost exhausted on reaching
bme. He was bleeding from severa
Mounds
Dr. Edgar Worthington testified tc
messing Simpsons wounds.
The defence was that Simpson was
Die aggressor and that he drew knife
M Weldin. Weldin produced n knit
8hich he said he took from Simpson
but Simpson said he never owned tn
knife, "as sure as there was God il
heayen. y
The Jury found Weldin guilty, H
WAS sentenced to pay fine of 500 am
be imprisoned three months. Weldil
Mas q wife and three children.
M George b. w. Rhodes of near Middle
town, who was indicted at the las
aerm of court on the charge of mur
Aerously assaulting Harry X. Arm
Btrong entered plea of guilty Of assault
NTuesday in General Sessions Court. Fl
MAS represented by Levi c. Bird
Shttorney- General Herbert II. War
! accepted the plea with the understand
Ming that the evidence should be hearc
t M& Harry X. Armstrong testified that b
T HAived at Armstrong; Corner and q
RSDctober 10th he was throshing whet
o ipn Rhodes place. He was oiling Il
machine, which was owned by Ebe
= Elark, when Rhodes objected an
/ Ordered him to adjust tine mechanism
= He said he was doing the best he coult
! but Rhodes threatened him and he to-
l. Rhodes not to come up where he WI
/, The machine was stopped, and the WI
% Ness was oiling the machine. and
a md Rhodes had more words, wht
ut Rhodes struck him across the side
H. the head with two pronged pitchfor
II Armstrong's skull was fractured
5, ehe blow and he was operated on in
10 PHILADELPHIA hospital He has Il
Of Uncovered from the injury, and is st
~ troubled with his head.
70 On cross examination Armstro
ct denied that he called Rhodes b
ad eames more than once.
Eben Clark said that after the assal
o. the fork was found to have one of
he prongs broken, but the witness did n
he know that the fork was broken in t
Ike blow. Rhodes had told the witnt
he that he was going to whip Armstron
N, DIR. Pierson of Middletown testiti
M to attending the injured man.
lr Richard Perkins, colored, testifi
I, that Armstrong had abused Rhoa
ia and called him hard names.
nv Joseph W. Beaston, Eugene kir
vt, colored, and Henry NJ Rhoads testiti
on to the assault and the provocati
ex- leSding to it,
W.. @eorge W.. B. Rhoads, the defendal
10 Wns placed on the stand andtold
.fear story of the trouble and the
sault. He claimed that he struck
I, blow fearing Armstrong was going
strike him.
low Mr. Bird stated that the defend;
lis was under bail bond of $40, 900 il
,lth damage suit in the same case.
The Chief Justice Lore and Judges Bo,
ave md Pennewill conferred short ii
sitter which the Chief Justice impo
IRA sentence of 500 fine, with costs.
tho Rhoads was paroled in the care
!. Il his attorney. The costs will be paid
will John Erskine was arraigned on
sent charge of the theft of turkey fl
res, CHARLES Hurlock and an overcoat, b
lntii spectacles and handkerchief fl
Rudolph Otteni. He pleat ed gull
:. He is a respectable-looking young n
M , 10 and stated that he was from K
= pni county, Md. This was the first offer
Pricd and he said he was intoxicated at
ibail, time. Officer Pierce also stated
, ~ WAS drunk at the time. His u
G AZ. father was called and testified to
,,,nr. GOOD character. Flo was allowed tc
on the bond of his son in the sun
5000, and the latter allowed to &C