Evening journal., 1909-01-06
HEAVY SENTENCES
FOR SOME CULPRITS
John II. Goodwin in Court on
CapiaS for Failing to
Answer
TO TRY MURDER
CASES AT TERM

At the opening Of County Court this
morning, the judges held a consultation
and decided to discharge untn Monday
the special oyer and Terminer jury or
dered to report today, The deputy-at
torncy-general had said the State would
be ready in some cases tomorrow; but
as no oyer and Terminer cases were
ready this morningh the Judges decided
to auJeern. the oyer and Terminer Court
until next Moniav morning. Deputy At
torney- General Josish Wolcott said the
State would probably Iresent one muir
der case and one manslausnc,ss nase to
the grand jury today, but was unable to
say just when the State would be ready
to try the cases. There are anumber
of cases to come before this court, They
include; Guiseppl Troll alias Joseph
Tenol, an Italian, charged with the muir
der Of another Italian, at Woodside last
spring.
Morris Russell, charged with the muir
der of John Burkett, at the foot OF
Seventh street several months ago, may
also be tried. The manslaughter case IL
that of 1epbon Nierzbowski, a Polander,
pho is charged with killing an Italian
at the New Castle Leather Works some
weeks ago, by a blow with his fist
DIDN'T ANSWER TO WRONG NAME
James A. Duncaa who was wanted as
a witness before the attorney-general,
and failed to respond to his name was
brought into court this morning on an
attachment His defense was that he
was IN the court when he heard the
name James II. Duncan called This was
not his right name and he did not
respond. The court dismissed the at
tachment but told Duncan he was to
remain in the court room until called
and answer even II his name was called
incorrectly.
W. II. Smalley had time extended until
Saturday for filing an ailidaVlt OF de-
fense in the case Of Kinston Cotton
Mills vs. the Delaware Hosiery Manu-
featuring Company.
Lingi Pullzzio. an l Italian, was tried
on the charge Of the larceny of a coat
trousers and shoes from fellow coun-
tryman, and found guilty. The court
omitted the lashes and imposed sen-
tence of eight months imprisonment.
The case against Harry W. Ferrlor'
charged with issuing wrothless checks,
will likely be tried tomorrow
Alfred Taylor. coolred. through his at
torney. Julian c. Walker, changed his
plea of not guilt to assault and battery on
Charles Holland. colored to guilty The
| charge against Taylor OF breaking and en-
tering the Glasgow hotel was withdrawn.
Charles Holland claimed Taylor stabbed
him with a knife in the back. The defend
ant claimed the prosecutor hit him with a
pair Of steel knuclSles before he cut him.
Harry L. Dayett. proprietor Of the hotel,
testified to the wound on the mans back
and said it was about half an inch in
depth. In answer to a question by Mr..
Walker witness denied that Holland was
a political worker of his at the last cleo
ton. He was given a sentence of one year
I'm the wor<house.
! TO TR YPOLE WAR CASE.
In the case Of Calvin McAllister and
William Little, charged with malicious
mischief in cutting down poles Of the
Western Union Telegraph Company. l..
Irving Handy. counsel for the defendants
called the attention Of the court to the
fact that an Indictment had been found
against the men at the November term.
The case was tried and the jury disagreed.
lie said new indictment had now been
]
The new Indictment had new count
which charged that the defendants were
alon gwith others who cut the poles.
Mr.. Handy claimed that the tSate must
elect on which indictment they intended
to try the defendants. The Deputy At
torney-Gencral said he thought the state
wuold use the last indictment and he
thought he would be able to tell by to-
morrow which indictment they would go
to trial with Mr. Handy said that al
though McCallister. one of the defendants
had broken his ankle. he expected the case
would be tried at this term, but not this
week.
Frank Roc pleaded guilty to robbing slot
meters Of the Wilmington Gas and Meter
Company. There were three counts but
two were retired. on the third count IN
which he was charged with taking 80 he
was sentenced to one years Imprisonment
II was alleged that he gained admission
to houses by representing that he was
} gas company inspector.
II is claimed on behalf Of Roe that n,
was under physicians care now and had
been at the time OF the ROBBERY and hi,
health was such that long confinement
would be fatal to him.
} Attorney General Gray to-day examined
witnesses in mans'aughter and murder
cases and he stated that these cases woul,
be laid before the Grand Jury tomorrow
morning.
I A true bill was found against Washing
ton H. Applegate on the charge Of steal
ing so yards Of carpet and a Common
Prayer" book as preferred by the rector
OF the Church Of the Ascension. Claymont
He pleaded not guilty.
The grand jury was discharged unit
, tomorrow morning.
, Capas For Goodwin.
! The grand jury today ignored the bill
! against Andrew Crossan charged witt
) Illegal voting. Ii was charged that n,
! voted without having a right TO do so
! in the Fifth district of the Twelfth Rep
! resentative District, Red Lion Hun.
! dred. John Goodwin. a witness in tn,
, case was called for by the attorne,
general yesterday. lie failed to respon,
! a capias was issued for him but be.
fore the capias was served Goodwin ap
, peared in court.
Judge Lore said a wkitness not an.