Evening journal., 1908-11-18
TELEGRAPH POLE
CASE NEARS END
Probably Will Be Given to the
Jury Sometime Tomorrow
in County Court


this morning chief Justice Lore made
the announcement that the first Of the
civil cases would be called on Friday.
Rebuttal testimony in the case OF
the state against Calvin c. McAllister
aud William G. Little, the Mill creek
hundred farmers accused Of malicious
mischief in cutting down telegraph
poles, was resumed.
Deputy Attorney General Hastings
cross-examined McAllister. ono OF the
defendants. He testified that he was
IN Wilmington during part OF the day
on which the Western Ur y Company
says its poles were remc HL Ie de-
MED using the saw TO y down the
telegraph poles. or ordering Hugh Nc
Ginnis TO use il for that purpose.
J.. Irving Handy then re-eXamined
his own witness.
Where were YOU when the light
went out?" asked the attorney amid a
roar OF laughter from the spectators.
McAllister said he was not present
when the telegraph poles crashed to
the ground. putting out the red lights
attached to them
Mrs McAllister. wife OF the defend
ant, declared that she was the owner
Of tho farm ou Which the telegraph
poles We're erected. She denied giving
permission 20 the Western Union
Company to place any poles on ner
farm or the road passing through it
The witness said that her husband and
Little were present at an informal
supper party at the house and did not
leave the dwelling until 1880 o'clock
on the evening the offense is alleged 70
have been committed. She said that
their colored servant, William Wool,
retired at $50 o'clock that evening
Mrs. Anna r. Little was the next
witness. She is the wife Of william
Little. and attended the supper party
at Mrs. McAllisters.
Mr.. Huber Testifes
George II. Huber testified to being
| i'm Newark at the hearing of the case
before the justice of the peace on Oe-
! tober 16. He said that Wilson, the
companys watchman, there admitted
trespassing on the McAllister farm
about the 9Th Of October.
Dr. George w. Quinn testified that
he had attended the defendant, Calvin
McAllister on the day of the trouble.
The physician said he was suffering
from a sprained neck and extreme
/ coreness in the muscles Of the back.
Attorney William W. Knowles, who
conducted this examination for the
defense, asked: Doctor, was Mr.. Nc
Allister. on the 9Th of October physi-
cally able to cut down four telegraph
poles. each twelve inches in dame
ter?" The objection of the state to
this important ssuestion was sustained
by the court. -
The witness declared he had advised
/ the defendant to do no hard work for
some time, and warned him that seri-
Gus results would follow disobedience
of these instructions.
Mrs. Leslie McAllister. trained
nurse. and a sister Of the defendant,
/ took charge of the latter during his
/ illness. She stated that McAllister had
sprained his neck by falling off roller
and had suffered considerably from
various injuries up to and after Octo-
Der 6. the date of the alleged offense.
Leslie McAllister, brother Of the
defendant. remembered distinctly the
pleasant supper of october 6. His tes-
timony was a repetition Of the former
witness.
The attorneys expect to complete
the testimony this afternoon.
Defendants Deny Charge.
In opening the defense yesterday atter
noon. Mr. Handy said he would show
that the defendants took no part in th'
destruction OF the polls that they had
been annoyed greatly by the telephone
company and that the polls were on ih'
McAllister farm without the consent Of
the owner.
Calvin c. McAllster was the first wit
ness called. Mr. Handy offered the dec
OF the farm in evidence in order TO cstan
lish ownership. but Mr.. Hastings ad
mltted that Mrs. McAllister was the own
or and the deed was admitted. Tho wit
ness stated that tho poles cut down wer'
erected six or seven years ago and tia
neither he nor his wife had given con
sent for their erection. He acknowledge
4 that he and Mr.. Little had gone 10 In
tool house and procured a hand saw AM
hatchet TO repair the pig-pen. After re-
pairing the pen, witness said he went 4
supper and did not leave the house 70
the remainder Of the night except TO pi
Goodnight 10 Mr.. and Mrs. Little apo
their departure. Witness asserted tina
the poles were erected on the evening O
october and that he was positive no ON
could see the poles from the tool hous
as asserted by the other witnesses
McAliister said that first time he iSno'
the poles were down was the follown
morning when he went to get his COW
and in attempting to reach the field wa
entangled IN some wires which were ly
ing upon the ground. During jiis fall il
lost his watch and a $ gold piece
Referring to the testimony Of Watch
man Anard. who was arrested at, th
instance Of the witness. he said he though
! he was a tramp and ordered him froI
his field and warned him not to trespas'
as he knew that Allard had been IN hi
% barn.
, AIcAllister acknowledged threatenin
{ Watchmau Baldwin with shooting bt
said II was only after he told him 81
you come on my property again, TN shoe
@ you"