Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1905-08-18
KID" ANDERSON
FREED FROM JAIL
Successful Habeas Corpus
Proceedings Brought by
Harry P. Joslyn
REPR!MANO BY CHIEF JUSTICE

Through the instrumentality of Harry
to .Ioslvn. attorney, William Walter An
drew. colored, known as kid Andrew,
was released from custody to-day by
s Chief Justice Charles B. Lore.
Andrew was arrested on June "a on a
charge of assaulting a coloreu man named
y Elias Woods, near Market street bridge.
ne was arraigned in city court on a
charge of assault and battery and upon
the recommendation of the city solicitor
was dismissed upon payment of costs.
+ On August Woods died from the effects
s, Of an abscess on the head and a coroner's
jury decided that death was due to an
obscess, but was unable to determine
what caused it to form.
Again Arrested.
A few DAYS later Anderson was rear
rested and was held in city court in the
sum of $500 10 appear before the Court
of General Sessions to answer the charge
OF assaulting Elias Woods with intent to
kill. Mr.. Joslyn, still representing An
derson instituted habeas corpus proceed
( ings and argument was heard in the
Judges chambers in the county Court
House by Justice Lore to-day.
The prisoner was brought in from the
.WOlkUOuHt Dl ANlti NNdiutn "a -. MT
serve and several witnesses to the al
legged assault were present. Mr. Joslyu
in presenting his case set forth the facts
as above stated and argued that his
client could not be placed in jeopardy
again for the same offence. He claimed
that the second charge of assault with
intent 10 kill entered largely into tho
first indictment
The State was represented by Deputy
Attorney General Daniel o. Hastings
4 'vho cited from legal authorities points
'wnIch he declared to bear on the case IT
N question. Justice Lore decided to heal
4 evidence in the case and Mr.. Joslyn called
3 he defendant to testify.
Anderson's Story.
Anderson. being sworn, said that on the
Il hight in question he, in company witt
several companions We're standing neal
n Market street bridge over the Christian'
"a -iver, conversing While there Woods
ame along and asked him for a match
ie replied that he had none whereupoI
Woods, after cursing him.. struck him II
he mouth and ran. He followed but be
ere he could oVertake him he was caught
# ~ enc of the party Arthur by name
VINO held him and advised him not to as
ault Woods. In the meantime Woods
tept on running and clambering owe
Warmers fence, fell and injured his head
Ie denied striking Woods and said upol
frcss examination that he did not use
IN nHe on him nor did he have one in hi
W ossession at that ume. Arthur on be
Nag called, corroboratcd Andersons story
a Annie Price, who was also present. salt
Die did not see Anderson use knife OF
Moods.
1illie Harris. colored. was called by tn
tate to prove that the day followin,
oods and Anderson had met and tina
fttNoods said to Anderson: "You are tn
"a ine that cut me last night" and tina
anderson did not deny the alleged cut
tng. rillie became slightly mixed il
er testimony and stated at first tina
anderson did deny using knife, bu
ter claimed that She did not know wha
e had said.
Defendant Reprimanded.
In disposing of the proceedings Chic
Justice Lore said it was case that re
uired careful consideration. He be
eyed that the actions of the lower cour
ld been in accord with legal lines an
hat although no hearing had been hel
was convinced that the city solicito
I'D looked into the case carefully befor
skiing for a dismissal with costs.
In discharging Anderson from custod
IW e warned him not to come before hir
W rain on any offence. "You people hav
BIT to behave. Don't you ever carry
nife as a weapon or a revolver" said h'
am an old man and never carried
eapon in my life" 1t is understood
bat the case as decided to-day will es
blish no precedent.