davidaulloa/AmericanStories huggingface dataset:
Evening journal., 1907-04-11
TEACHERS APPEAR
BEFORE COUNCIL

With the request that fhcy be given
On increase ga salary a committee cf
1--WE school teachers appeared before
tho finance committee Of city Council
last night, ana were assured that their
petition would he given early consider
alton. ---roe-. ir.rie'
The teachers set forth their reasons
for asking for an Increase and the
councilmen were fayorabiy impressed
with their afsuheni
Unless Council anpropriatos the $780,
900 necessary 10 give the teachers the
advance, the Board of Education Will
be unable to grant the increase This
term An IMPRESSION prevails Tint
the increase viii not be sranted until
September
The committee from the Primary
Teachers Association has arranged "a
list which cassihcs the <eachers Ia the
ranks OF A. 3 ana C. rne first will
get an increase OF asout atty dollars
a year and will include the teachers
nttea to teach the highest grades. The
second class, b, viii Get about S25 a
year ACKNOWLEDGEMENTS ghs tedchers able
20 teach the middle clisses, and the
third class. G. win get no increase.
No recommendation have been made
for an advanee for the school superin-
tendent. the prgncfpai at-.she High
school. his assistant the clerks, super
visors and heads in The Various de-
partments This. with the fact that c
class will not get an increase, has
caused some dissatisfaction. s.
Evening journal., 1907-04-11
No centlped Races.

II was announced recently that the
board OF stewards OF the intercollegi.
ate rowing regatta have decided TO
abandon the plan OF holding centiped
races at Poughkeepsle. y. Y. between
crows from the universities composing
the intercollegiate Regatta association.
This action was taken because OF the
small number OF entries that had been
veceived FOR the event.
When the matter OF holding cent?
led race was FIRST brought up Coaches
Ellis Ward OF Pennsylvania and James
Rice Of Columbia were enthusiastic
over the plan and Immediately sent in
their entries, but the project was op-
posed by the other four college coach
es. Courtney Of Cornell and Ten Eyck
of Syracuse being especially outspoken
in their stand against the plan. When
only two entries ont OF six had been
received nothing but the definite drop.
ping OF tho matter remained for the
board OF stewards
Evening journal., 1907-04-11

slaycrs life. some member Of his FAM
lily, and when there is danger Of harm
to the person threatened. ENcus ao!a
homicide is killing by accident while
doing some lawful act.
Continuing the justice sad;
''The defense here Is thnt the de-
fenIant was insane at the time OF the
act. .and the law applied TO the subs
ject Is folnd IL. section 20 and p CT tha
penal code section % provides THAI
an act by a person who is an idict. inn
becle lunatic, or of unsound mind, Is
not a crime. This language is very
broad and would seSm TO apply to all
persons IF unsound mind, without re-
gard to the degree If insanity. But
section 2l limits the meaning Of sec
tion 20.
a person Is not excused from a
criminal act on the ground of insanity,
unless at the time of tho act he was
laborirg rndcr such a defect Of reason-
ing as not TO know the nature or quail
ity cf the act, or to know that II was
wrong.
Before a person can he convicted
OF murder Of first decree, * must be
shown that there existed an actual de-
liberation and generalization. But ii
cannot be said what proof shall be suf-
ficicnt to show such conditions. Men
are different physically and mentally,
ana what Is Sufficient IN one case might
not be IN another
This atfendarst may be convicted Of
murder in the first degree; murder in
the second degree or Of granddaughter.
II il IS shown generalization and de-
liberation are absent It must be second
degree II IN The heat Of passion IL
must be niinFlaughter. II 4 appears
a aadefendaut las committed a crime
and therc is dcGSt as 20 me degree he
can be coprictel only in the lowest
degree.
The charhcter Of tas vic tim is not
either am excuse or Justification.
"A nersonal aven1er Of private or
public wrong IS not recognized by The
law
Every individual is entitled to tao
protection Of the law.
''rhe law presumes sanity and IN
case OF plea OF insanity the crucial
posnt becomes the condition Of the
mind OF the defendant at the me or
the act
gustise Fitzgerald spoke Of the svi-
dence which is admissible TO show the
mental condition OF defendant. Tie
statements Of the experts who exam
ined Th1w. he sad. ere competent as
showing the condition OF his mind at
the time OF the exan.ination. FROM
his condition suhs, quent a. the act an
inference may be drawn as to his san-
lty at the ti.re the act was committed.
OF the anowcrs Of thee. Xperts to
Hypothetical ques tion, the justice slii:
You arc to remember they testified
only as 20 an opinion. Nou are not
bound 10 accc-t an opinion as you
would facts. But the opinions are TO r.
considered in conns iion with tns
facts. In thss matter yo1 are 20 re-
member that quality and Lot quantity
Evening journal., 1907-04-11

CLOSED behind them the prisoner. whose
elbows were on the talne. buried his
face IN his hands.
It looked as y Thaw recognized. for
the first time since the trial began. tn,
seriousness OF the position IN which no
found himself HIS vauatea confidence
had given place ito uncertainty. and az
he walked out OF the courtroom ne look
ed frightened. His lawyers followed
him, and IN the corridor leading TO the
prison pen they tried 70 assure him
that he surrey would be acquitted.
But the assurance lid rot seem to
cheer Thaw. and his wife was sum-
moned. She left the courtroom AMI
Joined her husband IN the pen. while
his mother and the rest Of the family
waited in the anteroom. From time
TO time members CT The family visite 1
him ana talked with him for several
minutes. hut for most Of ;he hours in
which he waited Thaw was left with
his wife and a guard
Evening journal., 1907-04-11
SERIOUS EXPLOSION
IN STONE QUARRY

AS a result OF an explosion at the
quarries OF the Delaware Mining and
Granite Company yesterday afternoon,
three italian employees If the concern
were injured. one OF them who gives
tha name Of Richard Fripp, is likely
TO lose tho sight Of his eyes.
A premature explosions Of dynamite
caused the trouble ana the men were
knocked down by flying rocks. They
were taken 20 the Delaware Hospital
in the patrol wagon. All three live m
me Italian colony in the outer section
Of the Fifth ward.
Evening journal., 1907-04-11
ANXIOUS HOURS
FOR HARRY THAW

NEW YORK. April 11.-With the
key turned on the jury which is to de-
eide Harry Thaw's fate since 1f.05 last
night there was no word early this
morning TO Indicate whether they had
been able to reach a verdict. Justice
Fitsserald announced when he ordered
the jurors locked up for the night he
would not receive verdict before 10
O'Clock to-day. All sorts of rumors
were afoat long before the jurors even
arose that a verdict had been reached,
and the wiseacres about the court
house were as hopelcssly divided as to
what this verdict was as it was gener-
ally supposed the jurors were.
Thaw's slsepless Night
Thaw himself was very nervous. He
slept very little and began worrying
the Tombs attendants early to-day for
news from the court house. He asked
that he be taken early to the prison
pen In the Criminal Courts building as
soon as he had been breakfastcd, so
that he might be within easy call Of
the court room in case the jury should
be able to report at 10 o'clock
Thaw's attorneys were early at the
Tombs to confer with their client and
encourage him to believe that the jury
being out over night probably meant
nothing The defence's lawyers figured
that the jurors really had given little
consideration to their verdict last
night. They pointed out that they had
been together less than an hour when
they went out 20 dinner and only two
hours after dinner before being locked
up This time. they declared would
hardly be sufficient TO develop how the
jury stood at the very start in view Of
the many sides Of the case to be dis
cussed
Disagreement the Guess
A disagreement as the outcome Of the
jury's deliberations was the most popu-
lar guess as to how the trinl would end
among the court attendants and habi-
tues this morning II was argued that
no twelve men who have heard an the
evidence as spectators were able to
agree 20 what fate should be accorded
Thaw and that the jurors were just as
likely to be affected in this manner as
court watchers. Having a human life
at their disposal the jurors were ex-
pected to hold out for any opinion they
had formed more strongly than persons
who merely passed opinions to cheer
the lonesome hours while awaiting for
tho verdict.
AT tho Lorraine Hotel there was an
anxious crowd OF Thaw's relatives
waiting for the summons to the court
house Evelyn and Mrs. William Thaw
passed as bad night as did Thaw I'm
the Tombs. With the strain Of the
long trial over, and knowing that the
last effort to save their loved one had
been made. the women who have stood
by Thaw so loyalty were on the point
OF breakdown.
Evening journal., 1907-04-11

OF the evidence is wha. Is OF value"
Aside from the evidence OF the ex-
perts the testimony the justice said,
cially to Evslyn's story,
''Her creditablity is Important" he
s1id "and should be weighed. Hvf
admission as TO her rsil ons with the
defendant prior to their marriage
should be considered A wide latitude
WAS given in her cross examination and
pu must weigh g-hat Il dev loped. Her
motives. the ddnger IN which her hus-
band stands, should also be consid-
cred
Justice Fitzgerald closed his instruc-
tions with the formal admonhion to the
juror that thev must find their ver-
diet solely upon the evidence and ia
accordance with the judgment in the
light OF the law.
Jerome and De,nas both stood up to
inquire about requested instructions.
In reply to Jerome the Justi.1 explained
to the jury that r any doubt existed
as to the guilt of the defendant in the
mind OF juror, he must not vote for
conviction and that the same rule APP
piled In regard to acquittal. Delmas
had presented forty-seven requests for
instructions, but they were overruled
by the justice. The main request was
that the jury he instructed that u
there was the slightest doabt as to the
Insanity Of the defendant at the time
Of the killing, he must be given ths
benefit Of tha. doubt-me1ning that he
must re considered insane.
The jury went out a; 5.1T p m ami
Immediately began Their deliberations.
Thaw was retained in the prisoners s
pen until 1t was learned whether the
jury would adjourn sor supper or re
turn a verdict without doing so. Thaw
was greatly excited ana showed signs
Of extreme nervousness increasing
every minute. After the jury had been
out short time he almost collapsed.
Evening journal., 1907-04-11
THE BIG SHOW COMING
Forepaush and Sells Bros! Circus
Down for early Date.

Adam Forepaugh and Sells Bros IA
nous circus, now the biggest and best
IN America. viii give two exhibitions in
Wilmington on May 3.
No other circus has made the inn
provements and the growth that have
been attained by this splendid organi-
zauon. Since its last appearance IN
this locality 1t has almost doubled IT.
sols IN dimensions. and has added so
many European acts that the perform-
ance has an absolutely different aspect
OF originality and newness The main
tent is the largest spread Of canvas
ever made. The free street parade. on
mn vntire'y Y new plan and with novelty
IN its every feature, represents one
million dollars In money. spent for the
purpose Of devlsing not alone the most
elaborate street spectacle. but 10 make
70 different from all others IN the ph-
rade alone are 1900 people and 500
horses
Another fortune was spent or tho
great fire drama with its 1000 cos
tunes, hre-nghung apparatus and
trainioad OF scenery The menagerie
has been given distinction above all
Others by the addition Of half dozen
rare geological specimens not to be
seen anywhere else The program
which follows the spectacle abounds In
great acts. the majority OF which are
new TO this country. There are at least
fifty grea. spoclalties, any one OF which
cannat be approached by the acts Of
any other show Among others the
management has secured the great
spessardy and his wonderful trained
bears from Europe. zobedle the great
up-side-down man; Joseph la k4Wr
the French gymnast; the wonderful
Flying Fishers ana the' lie Nans tho
greatest aerialists In the world; Re-
becca Daniels, Orrin May and Vivtoria
Davenport, the great Wallet Oscar
,Lofanda and Miss Ship. the seven
best riders on earth the famous Lock-
hart trained elephants, Captain Webh's
educated seals, and George De Woes
postgraduate poniesi the Coral'as and
the Dollars, Fred Welcome and the
celebrated Jennets, tho most famous
acrobats Of two continents; tho Goltz
trio, who were tho talk OF all Paris last
winter and the Nevaros and Miss Net
tie Carroll, the greatest high-wirc art
lists that ever lived.
Evening journal., 1907-04-11
JUDGES CHARGE
IN THAW CASE
Court Defines Insanity as a
DefenCe.--Must Be Governed
By the Evidence
NO RECOGNITION OF
THE UNWkITTEN Law
BY our own Wire. Publishers. Press.

BY our own Wire. Publishers Press.
NEW YORK. April TO- Jerome end
ed his argument to the Jury at S52 p.
m. A recess was then taken until tbs
p. m. at which time Justice Fitzger-
ald started his charge to the jury He
said.
'Gentlemen-It now becomes my duty
TO give you such instruation on the law
as is necessary to enable sou 10 per-
form your duty as jurors; I must de-
fire tha leeal status by which you are
to be governed IN considering the evi-
donce and reaehing your conclusion.
lit Is particularly gratifying to me
ito realize that YOU were selected by
the people and the defendant as fair
minded mon, after the examination Of
327 men and before the peremptory
challenges had been exhausted nv
either side. The admoaitions so fire.
quently given you who IN accordance
with the law the object OF which Is 20
keep in your mind clear inrpartiahty.
''rhe life Of citizen within the pro-
lection Of the law has. 70 is charged.
been taken by the defendant. You must
take the law absolutely from the court.
vi hllh HANAN Nnu are hii' SUI" lNAHtNs
THE defendant in a criminal acton
Is presumed inaoctnt until the contrary
Is proved, aud IN case Of reasonable
doubt occurring he is allowed the bene-
fit Of that doubt.
"The statute ON hcnicldc is divided
into two general divisions, which in
turn are gubdivided.
''The two chief divisions are homi-
eide. that is criminal homic,ds and
homicide that IL not criminal Homi-
oides that are crlminai ure classcd as
murders IN the arN degree. murders IN
the second degree; and nilnslaughter
IN first and second degrees. Homicide
is murder in the first dc@ree when Y
is committed with a deliberate and pre-
medltatcd design 40 cause death.
r'If committee wiki lesi@n 90 e.
feet DEATH but without generalization
the homicide is murds- in the .seconI
degree II committed without a design
to kill iu the heat Of passion wsth q
deadly weapon i does not constitute
murder, but manslaughier in the first
degree.
"Al lesser hnmicides are embraced
IN mansiaught.' in the second degree.
Homcides which are not murder are
classed as justinahie ana e-cusable." +
The justice eNrlainoi that iustinable
homicide Is kill.ng in the defense Of
Evening journal., 1907-04-11
FIREMEN WANT
FAIR TREATMENT

The members OF the finance and nre
committees o. City Couneil were agala
appealed to last night ny representa-
tives Of the Weccacoe and Washington
Fire Companies for an increase In their
annual appropriations Of $500 each. Enc
two companies say they are receiving
only $500 q year, while ether con-
panies receive SilO0 annually They
were assured that if the citys finances
would stand Il, the Increase would be
allowed. .., w r,...t
Evening journal., 1907-04-11
Mutual.

MUTUAL
A master was interviewing a pupil
who had again and again failed 70 do
the necessary amount OF home prepara.
ton. The master said
"No Greek done again? Didn't you
promise me you would do It last
nlghtg'
"Yes. SIR. but
And didn't l promise TO punish you
II II wasn't doneT'
"Yes, sir. but as didn't keep my
promise I won't hold you TO yours.
sir"-Chuma
Evening journal., 1907-04-11
DEATHS.

John d. Irving.
Ellsworth b. Thompson.
William Stroup.
Patrick Murray.
THONIPsON-At Elsmere. Del, on
April 3. 1907. Ellsworth p. Thompson.
in his 18th year.
Relatives. friends and members Of
Hiwatha Tribe. No. 42, ]. o. r. NJ. are
invited 10 attend the funeral services
Al his parents residence, Elsmere, Del.
on Friday afternoon. AQril -, at 1
o'clock. Intemnt Rivrview cemetery.
MURRAY-In this city, on April 10,
1907. Patrick Murray.
Relatives and friends are respectfully
invited 70 attend the funeral from his
late residence. No. 800 West Third
street. on Saturday morning at
O'Clock Requiem mass at st. Paurs
Church. Interment at Cathedral
cemetery.
Evening journal., 1907-04-11
PROVIDE MAYOR
CLERK TONIGHT

city Council is expected 20 pass the
ordnance providing Tor secretary TO
tho mayor and city executive commit-
tee at the meeting to-niFht Mayor
Wilson has man in mind for the posi-
tion. but win not announce his name
until after Council passes the ordin-
afice.
Action also probably win be taken on
the ordinance 60 Increase the pay 4
the health executive officers.
Evening journal., 1907-04-11
THEY OWN LocKHART ELE.
pHANTS

Forepaugh and Sells Bros circus
owns more than one-haif the elephants
.in America, among which arc the IA
nous Lockhart herds. The menagerie
rs the largest under canvas. and has
many animals on exhibition never be-
fore seen in this county,
Evening journal., 1907-04-11
CHANDLER q GSafstSnsE E%SsinsE
No. 2ll W. NInth street.

No. ia w. Ninth Street.
carefr. attention day or night.
BODIES IN Boarding Houses. Hatals
Rnd Hospitals removed ana cared for
nntil claimed. Carriages furnished.
Ap10intmsztz. firEt-c1ass. Both Phones
Evening journal., 1907-04-11
There is no Substitute for a
WaItham Watch

The best pocket timepieces in the world
are American watches, and the best
American watches are Waltham watches.
This is proved by the conclusive and per
manent testimony of 100000 Waltham
watches. When a dealer offers Swiss
watch in preference to a Waltham watch,
it is to secure greater profit for himself
Book about Watches or request
WALTHAM WATCH COMPANY
wALTHAM. MASS.
Evening journal., 1907-04-11

Pr.ieeliv. Linn rrnnnL

An Illustration OF a convenient hog
trough credited to Prairie Farmer, is
described as follows: When not in use
the frame above the trough is hooked
Evening journal., 1907-04-11

up. but whom swill is to be poured into
tho trough It is unlocked and fastened
with the chain. The plan is said to be
very effective.
Evening journal., 1907-04-11

FOR SALE-sx5 foot oak frame show
cases, as good as new. One Is foot panel
counter; solid oak. A beauty, cheap. Ap
ply w. f. Bauer, S. +. corner Seventh
and French. al1-3t
Evening journal., 1907-04-11

LOST-On or about March %. child's
gold chatelaine watch Initials NJ. A. ID
on back OF case If found, return to 1905
West Eighth street and receive. reward.
all-st
Evening journal., 1907-04-11

FOR RENT-Newly furnished front
rooms. Bath and phone. N. w. corner
Tenth and Lombard. ai1-St
Evening journal., 1907-04-11

FOR SALE-Nice country home, near
first toll gate on I5enneit Pike; good
house, nice stable, hennery grapevine
fruit trees; lot 50X2Q0s possession at once
Charles c.. kurtz. 1O11 Market street.
al1-eod-tf.
Evening journal., 1907-04-11

TOO LATE FOR cLAsSIFI.
CATION.
->~>~eSo~~-----~-S~~~~~~-~~-
IosT-Boys' silver watch and chain on
WaWaset between DUPONT and Lincoln
streets. Please return to this office. ail-St
FOR sALE-Nice country home, near
first toll gate on kennett Pike good
house, nice stable, Rennery, grapevine
fruit trees; lot h0X3l0s possession at once
Charles c. Kurtz, l0ll Market street.
all-eod-t.
FOR RENT-Newiy furnished front
rooms. Bath and phone. N. w. corner
Tenth and Lombard. ail-St
LOsT-On or about March %. child's
gold chatelaine watch Initials NJ. A. ID
on back OF case. If found. return to 1905
West Eighth street and receive. reward.
all-st.
FOR sALE-sx5 foot oak frame show
cases, as good as new. One Is foot panel
counter; solid oak. A beauty, cheap. Ap
ply w. f. Bauer, S. +. corner Seventh
and French all-St
NOTICE.-I DANIEL O'DONNEI.L, tho
tenant and occupant of the house situated
al y. w. corner Fourth and French streets
in the Fourth ward, I'm the city of VIII
mington. county of New Castle. and State
quirements Of the acts of the General As
sembly IN such case made and provided.
do hereby give notice that | shall apply
in writing 70 the Court of General Sessions
OF the State OF Delaware, IN and for New
Castle county, on Monday, the 18th day OF
May. 1907 being the next term Of said
court, for a license for said house, as an
inn or tavern. for the sale therein of in
toXicatng liquors in less quantities than
one quart, to be drunk on the premises,
and the following respectable citizens OF
said ward, at least twelve of whom are
substantial freeholders Of said ward re,
commend the said application, viz:
Mark Mccormick. Franois-J. Thielman.
Humphrey HOrgan, w. II. HartlOVe.
John II. Bradley, Herman +. Hanf,
r. A. Buckmaster, VIM. j. Clark,
T.. y. S. James Kitchen,
Neal Duny. Louis Brown.
John r. Dundon, A. d. Underwood
Jos. A. Fahy. H. G. Buckmastcr,
Michael Campbell. Joseph p Cross,
Geo w. Quinn. NJ. Ddugh Duffy
jar. kanc Parson p Doud.
VIM. a. Jennings, Daniel r. Reean
Thps II. Hanisan, Nicholas T. Goldbers
John NJ. Webb. John r. IRllv
DANIEL O'DONNELL.
WANTED-Painter. all around eNper
fenced man. who can do lettering and
stripping. Apply COZ West Ninth street
this evening a11-2t
WANTED Experienced buffers at WI
liam Beadenkoprs, Fourteenth and Wal
nut streets. al1-2t
SEALED PROPOSALS FOR METALLIC
FILING cASEs.-Sealed Proposals viii he
received by the Public Buildings COM
mittee Of the Levy Court Of New Castle
County. at the County Court House. VIII
mlngton. Delaware. unul . o'clock D. in.,
April 23d l97. when they will be publicly
opened for providing Metal Filing Cases
FOR the Court House offices, according TO
plans and Specifications now on file In
the office Of the County Comptroller The
right is reserved TO reject any or all bids.
.C Candy Hopkins. Chairman Public
Building Committee. al1-i2-l6-ls
Evening journal., 1907-04-11

shad tper hd) roe .-..... .......... .s5o-s55
Herring per hd) ........~........N.oo-sl
Evening journal., 1907-04-11
TOO LATE FOR cLAsSIFI.
CATION.

LOST-Boys' silver watch and chain on
WaWaset between DUPONT and Lincoln
streets. Please return TO this office aIi-3t
Evening journal., 1907-04-11

NOTICE.-I DANIEL ODONNELL, tho
tenant and occupant of the house situated
at n. w. corner Fourth and French streets
in the Fourth ward, I'm the city of VIII
mington, county of New Castle. and State
The Washington times., 1907-02-08
Jan UnsanitaTy.

Dr, Charles NJ Emmous. from the
committee Oh sanitation. reported that
his committee had made an examination
of the Jail and WorkhOuse, and found
the former institution 10 be everything
il should not be-. viewed from "a sanitary
standpoint. lie said both places were
clean, but In the jail the prisoners were
backed in cells 5NsN9 feet, TWO in a cell,
without closet OF layaJOry accomm0da-
tions. and no sewerage that there were
5-S prisoners there, which was double
the capacity OF the place, no arrange
menta 90 feed prisoners, except uy "a ain
can, and AT neither place was there any
arrangement Tor hospital care .Or the
SeQuestraJiun OF cUnsumpJlVes and in
mates iu both Institutions without en-
pIUymeut.
He said the conditions iu the jail We're
due 90 the buildings being TOO small. and
not having been mOdeTnized: that the
WOrknOuse was lu better condition than
the jail, as 30 was modern, blt could be-
Improved ON. lie favored making the
prisoners Work-dU the laundry of the
District government make clothes for
tine public hospitals and orphan asyiums
and engage iu similar employment that
would save the citizens cUusideTa bile
money
President Thomas W. Smith presided