Evening journal., 1906-11-22
TRYE PLEAS FAIL;
CASE EGOESTO TRIAL
tc0ntlnued from Fourth Pase)

Guarantee and Trust comapny, who
produced the ballot-box Of the election
district, and which had been placed In
a vault by Mr.. Richards last fall.
J Former sheriff Emmitt stidham tes.
tined that he had received the ballot
box OF the shellpot district from A. L
Tyre after the primary election in Sep
tember, 1904. He said he had received
It on Monday morning, September 90
1904, at $50 o'clock, and had kept Il
locked up until he placed II in the
trust company's vaults at the direction
OF Herbert II. Ward He said he had
kept Il IN his custody until after the
trial OF Matlack and Watson. He did
not remember removing the ballot box
from the vaults but once.
George II. Janvler deputy clerk OF
the peace, testified that at the time OF
the Matlack trial the ballots had been
counted and replaced In the ballot-box
Joseph c. Jolls testified that he was
secretary Of the-the Republican County
COMMITTEE In September, 1904, and had
assisted In issuing a call Tor a primary
lelection in New Castle county. to be
held on September "a, 1904. An election
was held In Brandywine hundred
lShellpot district on that date.
Courtland E. Rice testified that at the
election In the Shellpot district IN 1904
! he acted as clerk In tallying up the
sheets He Identified the tally list
taken from the ballot-box and In evil
dence as the one made out by him dur
. ing the count. The list was correct
/. according to the names read by Mr.
Matlack who was Inspector. No one
else read the ballots beside Matlack
] He identined his signature on other
= papers IN connection with the election
. He had seen Mr. Tyre about the polin,
place. He did not see him inside tn,
polling place but once, late In the az.
ternoon. SO far as he knew the bal.
lot-box was on the election window al
during voting hours. No ballots coult
have been hidden or stolen during tn,
time the polls closed until the count
began. The ballot box was delivered tc
Matlack.
Afternoon Work Of Court
The afternoon session Of General ses
slons Court was be ul with a cnnt.huaii /
OF the argument OF Former judge llail il
behalf OF Louis Wilson. the colofed mai
accused Of AN assault with intent 20 Nj
Charles Smith, near Centerville on TN
10th OF last July. This Vas followed by ,
summing up ON behalf OF the State b
Deputy Attornoy-Gcncrai Hastings, afte
which Chief Justice Lore made an i'm
I oh a. a.
findings which could be returned unde
the Indictment against shc prisoner. Tn
jury retired Tor deliberaton. returninI
In an hour with verdict Of guilty as in
dictcd
In pronouncing sentence upon Wilson
Justice Lore rebukcd him Sharply. ate
which he announced as The judement o
the court that the prisoner shall be con
lined for period OF nvt years ana pa,
a nne OF $500 ana coslu.
The next case tried was that arains
Florence bakers and Richard short bo,l
5 eolored' accused OF using female chill,
Tor immoral purposes. each lndictn,en
embraced hve counts against the nrlson
s e's' me evidence showed the defendant
iVea Tor several yelrs at No. Ior,
L street this city, a known bawdy house
ana enticed Esteila Hodges. a ic. year-ol,
eoiored sirl there for the purpose Of nc
eomplishing her ruin fur their proft I,
which object they were successful.
The girl was the frst witness. She "a.
tined that she knew Short ana former,
ii lived In the rear OF his house ana !,
saturday night July % last, had gone int
la shorts apartments and was there MI.
n lne raid was made by the police Nvbn
there she saw the Daker Riri In com
pany with a man. on cross exam,na,,o
rs the witness testified that she lived wit
ct Thomas Bacon. She was very difadey
and defiant on the stand.
TX The next witness was Maria rfoaso
mother Of the sirl. VINO said the aee
kl the girl was Il last February.
Sergeant Lyons testified TO the oharact,
ri OF Shorts house, stating that Il had be,
a bawdy house for several years. an
ID that at one time Florence Daker, one
the defendants, had been convicted
keeping IT, -.--
For the defense Attorney saulsbu
4 moved for the discharge or the prisoner
+ claiming that the State had failed 10 nal
n out case. This motion was opposed
d Attorney Hastings and the Judges co
= ferred for some time before arriving
e their decision. which was that the ca
be discontinued Accordingly the jury ".
= instructed to bring In 3 verdict Of n
:. guilty and the prisoners were discharge
On motion Of Attorney Hastings Just,
Lore declared vacated all witness fees dl
the complaining witness in the case.
: The next trial by Jury was that
\ John Wilson, colored. accused OF stealth
!. brass from the Baltimore and Ohio RAJ
4 road. For the State John Gross. chief
. The police department OF the B. and
i testified that about November lS the con
:. pany had been robbed. car betwee
Y East Junction and Eismere having bee
: broken open and seve-ei articles. inciu,
!. ing brass journal, valued at sies ma
y been taken. He also testified that an II
z vestisation had resulted In the arrest ,
!. the defendant by the ,ocal authoritie
a He positively Identified ths stolen joui
a nal, which was offered In evidence