Evening journal., 1904-08-26
COURT DISMISSED
PERJURY CASE
William Wainwright and
Wife Arragned Before
Judge Garrett
MONEY IN BANK THE POINT

The case OF william Wainwright and
his wife, Elizabeth Wainwright. charg-
ed with perjury in connection with the
Jochen divorce case, was heard in City
Court this morning. The defendants
were represented by J. Frank Ball, and
after hearing the evidence Deputy
Judge Garrett, who occupied the bench,
dismissed the case.
A material point In the divorce pro-
ceedings was the ability OF the father
or neither OF the child to support It.
The evidence produced at the time was
to the effect that the grandmother Of
the child. Mrs. Wainwright, testified
that she had $4,000 in the Wilmington
Savings Fund November 6, 1908. Wal
ter j. Ellison, Of that institution, how
ever, testified this morning that she
only had S22S45 on deposit at the time.
II was also brought out at the hearing
IN the divorce case that Mr.. Chadwick
had loaned to Minos T.. Conway $500
The latter denied this this morning.
Judge BAH contended that what his
clients were worth was immaterial evil
dence In the divorce proceedings, and
consequently no perjury had been COM
mitted. He cited several cases In other
States similar to the present case and
after going into an elaborate array of
facts and law, asked for the dismissal
Of the case. Assistant City solicitor
Springer contended that the evidence
concerning the wealth OF the defend
ands was material, inasmuch as the
children OF divorced couples are given
to the party best able to provide for
them. III this case the father OF tho
child said he was making Sl2 a waelr
and the grandfather testified that he
was earning a like salary. Then &c
strengthen their claim they testified TO
having $4,000 In the bank when they
only had s27Si5
The child was given into the custody
OF the father, to whom was granted the
decree Of divorce The mother. how.
ever. brought habeas corpus proceed
ings preventing the transfer OF the
child to the Father and the court al
lowed the child to remain with her un-
tl argument was heard and the ques-
ton finally settled. Since that time
Mrs Jochen has disappeared with the
child and is living outside OF the State.
Snyder Fined $40 and Costs.
Jacob Snyder was arraigned on a
charge Of violating the city milk ordi-
nance by selling milk that did not come
up to the standard. He entered a Piles
OF not guilty. but later changed 1t {,
guilty and the minimum fine provided
by law. $40 and costs. was imposed.
Bacterologist Robin, Of the Watei
q Department, testified that he examined
+ sample Of milk taken from one oi
i snydcr's wagons by Inspector Thomp-
son and found II to be deficient in both
fats and solids. in the former the test
showed only 2.40 per cent. and In solids
1919 whereas the law provides thai
milk should show 3 and y per cent. re-
spectively.
/ nhis own defense Mr.. Snyder said
that under the present law the inno'
cent must suffer for the guilty. H'
understood thar the law was going Il
be changed and said as there was nr
other resource but 20 plead guilty h'
would withdraw his former plea and
: substitute the latter.
] Mary Higgins was arrested by Pa
E trolman Robert Serson in King stree
this morning for disorderly conduct
The officer said he heard the woman
using foul language and acting In al
otherwise indecent manner. Mari
strenuously denied the policeman's ac
cusations, but the court had more faitl
in the blue-coats statement than II
the defendants and fined her s. ant
costs.
p The case Of Frank Campbell and Ar
. thur Redman. two boys. charged witt
p stealing tools from p. Martin & Sor
[ was continued for one month.
MI Harry and Edward Duffy. Josep
e Connell. Joseph McDonough and lie
4 roy Jamison, five youngsters, wer
. charged with breaking into a Baltimor
! & Ohio freight ear and stealing mer
y chandise valued at $40. The case wa
continued until next Tuesday mornin
: in order 10 give Agent Frank Stout a
- opportunity to investigate the charg
against the boys.