Evening journal., 1903-02-09
ITALIAN CHANGED
PLEA TO GUILTY
John Decillis, Who Shot
Timothy Mccarthy Will BE
Sentenced Today
TRUE BILLS AGAINST M'CLOSEEY
He and Augustine Messisl< Indicted
for Obtaining Money From the
County Under False Pretenses--other
General Sessions Court Matters.

chief Justice Charles b. Lore pre-
sided for a short time at this mornings
session of Superior Court and the Court (
of General Sessions. The chief JUS
tice has entirely recovered from his re- |
cent attack of the grip.
j. Frank Ball, attorney for Leonard |
/ Winlder who Us charged with abortion |
asked for the continuance of the case
ON the grounds of the absence of ma- |
terial witnesses. The case was con-
hunued until next term.
The first Monday In March was set
| for the day 60 file exceptions in the |
case OF Elmer u. CoX's widow against
the Wilmington City Railway Company. |
Witnesses in the two special jury cases.
which are Elmer Jones. administrators.
and John b. McAllister. against the
Peoples Railway Company. We're dis
charged until Thursday February 49,
The return of the commissioner in
the divorce case OF Irwin VS.. Irwin. was
continued until Monday. Witnesses fan
the case of Eugene Massey VS.. Every
Evening were dismissed until Friday.
Springer to Hear Evidence.
Baldwin Springer was appointed
commissioner in the divorce case Of
Turner VS. Turner.
The time for taking testimony Goa the
case of the state of Delaware against
the Delaware Surety Company was cx-
! tended and a return win bee made at the
next term Of court.
Guilty, Says Deeillis.
John b. Decills was araigned and
pleaded not guilty TO the charge OF as
, saultng Timothy Mccarthy, with i'm
tent to commit murder The defendant
during some trouble Ia a pool room at
No. 5ll ratnal street, several weeks
ago, shot Mccarthy, the bullet hitting
him in the head. Howell S. England
counsel for Decillis, later announced
to the court that the plea of not guilty
TO assault with intent 10 commit muir
b der would be withdrawn and the de-
b fendant entered q plea Of guilty to
common assault. Attorney General
Ward agreed to the change of the plea
with the understanding that testimony
3 of the case should De submitted to the
court.
Mccarthy was called to the stand
and explained that the trouble started
over pool game. He said that the
defendant started TO put him out and
that he threw pool bail at Decillis, but
IL did not hit him. The witness said that
Decillis shot him through "a glass door.
Dr. j. W. Bastian who attended Me-
Carthy testified as to the nature OF the
wound.
Decillis claimed that Mccarthy kick
ed him and that he was not himself
when ne shot. Sergeant Kelleher, state
= Detective Francis and y. c. Benedict
. lPeeke. "a Secret Service detective. tes-
tihed as 20 Decillis' good character
= The court deferred sentence in In,
Decillis case until this afternoon.
c Mocloskey Indicted.
The grand jury brought in one in
dictment against Frank A. McCloskel
and one against Augustine IA Messicl
and Frank A. McC1oskey jointly.
The joint Indictment sets out tha
Augustine L. Messick and Frank A. Nc
II lCloskey on November 90 1900 witt
j. force and arms. designing and intend
ia ing to cheat and defraud Receiver O
Is Taxes Horace c. Rettew, of certain
d lmoney goods. chattels and property un
+ lawfully, knowingly and designedly die
4, then and there falsely pretend TO IN
Levy Court that he. the said Messicl
+ lhad classified and printed certain al
1t lphabetical lists by order Of the regis
IF tration officers and said false pretens
l. was embodied in a certain false an
s. pretended bin whereas I'm truth an
S. fact Messick had not then and ther
IN classified ana printed the lists as s.
Iy falsely pretended.
ne The Indictment further states tina
ID the bill which amounted to $3.50 wa
S. presented to the Levy Court by Mes
le sick This amount is alleged to hav
ri been paid to Messick although he wa
xe not entitled to ii.
In the other indictment against Mo
M Closkey it sets out that McCloske
nd claimed to the Levy Court that Joh
rs NJ. Rogers had rendered a bill again.
he the Levy Court for printing alphabet
a cal lists for $500. That Rogers ha
am not rendered the bill but on represeI
ne tation Of McCloskey the Levy Coul
,et made out a warrant for $500 in fave
,c- lof Rogers, which MoCloskey took
ed lhim and got him to endorse it. Nj
lCloskey is alleged to have gotten ce
tain amount of the warrant for $500.