Evening journal., 1908-11-27

been discussed ct length by lawyers, as It
goes into the subject of tie rights Of tele-
graph and telephone companies. Judge
spruances charge was as follows;
Charge to the Jury.
Gentlemen of the jury: The defendants.
Calvin c. McCallister and William c.. Lite
tie, are indicted for the offense common
ly known as malicious mischief
The indictment contains six counts. the
first Of which is as follows;
The grand inquest for the State OF Della
ware and the body Of New Castle county,
on their oath and affirmation, respective
ly, do present; that Calvin C. McCailister
late OF NH Creek hundred in the county
aforesaid, and William G. Little, late Of
Mil Creek hundred, in the county afore-
said, on the sixth day Of October in the
year OF our Lord one thousand nine hun
dred, and eight. with force and arms at
Mil Creek hundred. in the county afore-
said unlawfrlly. wantonly, willfully. ma
liciously and mischievously did cut down
Your poles, commonly called telegraph
poles. on which said poles were then and
there fastened sixteen certain wires. COM
monty called telegraph wires, and did
then and there and thereby destroy the
said poles and the said wires, the said
poles and the said wires being then and
there the property OF the Western Union
Telegraph Company and Of the value of
one hundred dollars. TO the great damage
Of the Western Union Telegraph Com
pany and with intent then and there and
thereby TO iniure the said the Western
Union Telegraph Company against the
/ form of the Act Of the General Assembly
in such case made and provided. and
against the peace and dignity OF the
State"
The second count is as follows: And
the jurors aforesaid upon their oath and
affirmation respectively as aforesaid do
/ further present; that Calvin c. McCallis-
| ter. late OF MIL Creek hundred. in the
county aforesaid. on the Sixth day of
/ October, in the year OF our Lord one
thousand nine hundred and eight with
force and arms at Mil Creek hundred in
the county aforesaid, unlawfully. want
only, willfully, maliciously and mischiev.
ously did cut down four poles. commonly
called telegraph poles. on which said
poles were then and there fastened six.
teen certain wires. commonly called tele-
I graph wires. and did then and there and
! thereby destroy the said poles and the
said wires. the said poles and the said
wires being then and there the property
Of the Western Union Telegraph Company
and Of the value OF one hundred dollars,
to the great damage of the Western
I Union Telegraph Company and with in
tent then and there and thereby TO injure
the said the Western Union Telegraph
Company; and the jurors do further say
that William C. Little. late Of Mil Greek
hundred in the county aforesaid, was
then and there at the commission Of said
misdemeanor present. abetting, procuring
commanding and counselng the said Cal
win c. McCalllster therein. against the
form Of the Act Of the General Assembly
in such case made and provided, and
against the peace and dignity OF the
State"
The third count is the same as the sec.
ond with the substitution Of the name OF
Little for that OF McCallister as prin
cipal, and the name Of McCalllster fol
that Of Little as accessory
The remaining counts are the same a.
the first three. except that they charge
not the destruction, but great injury and
damage OF the poles and wires in question
BY a statue of this State (Revisel
Code, page 975 section ID. It is provided
EVERY person who shall abet procure
command. or counsel any other person. or
persons, TO commit any crime or misde
meanor shall be deemed an accomplic
and equally criminal as the principal of
fender. and shall be punished IN th
same manner, and with the same punish
ment."
II you shall be satisfied from the evil
dence that one Of the defendants did tn