Evening journal., 1909-01-08
CASE
NEARS ITS END
Jury Will Be Charged in Gen.
eraI Sessions Court This
Afternoon

l.. Irving Handy and William W.
Knowles, counsel for Calvin McCallis-
ter and William G. Little Yesterday
afternoon succeeded in getting a post
ponemcnt OF the trial until January
25. The defendants are charged with
malicious mischief in cutting down
poles Of the Western Union Telegraph
Company in Mill Greek Hundred. At
tho last term of court jury in the
case disagreed after being out all night.
About Christmas time McCallistor
sprained his ankle while getting off
a trolley car at Fourth and Market
streets this city.
Mr.. Handy asked for a postponement
of the trial on account of the condition
Of McCallisters ankle. BY the direc-
tion OF Attorney General Gray, Dr
James A. Draper went 10 McCallistcr's
home yesterday morning. lie returned
in the afternoon and at once made
report to the court that the defendant
was suffering with sprained ankle
but with tho aid of crutch and cane
he thought he would be able TO attend
court as his general health was good.
Mr.. Handy again produced a letter
from DR.. W. RI. Steele, of Newark. who
Is attending McCallistcr. in which the
doctor stated that McCallister might
become cripple should he attend court
and that it would net he safe for him
to attend court for at least a month.
The court decided to grant the post
ponement If the case would be ready
for trial at that time.
Attack on Indictment.
Saturday was set by the court to
hear argument on a demurrer to the
indictment found by the grand jury at
the last term Of court charging James
q. Kimball with embezzlemont as bailee
lie was an insurance broker for the
T.. l. DUPONT de NemOurs Company
4 jury several terms since acquitted
him of the charge.
The time for filing remonstrances
to liquor license applications was eN-
tended for one week as was also the
time for answering the remonstrances.
The first case on the civil list will be
taken up on Wednesday next.
Frederick Surricl, aged "a years OF
No. 1921 Lo, oring avenue was indicted
by the grand jury on the charge of as
sault upon the 13-ycar-old daughter
OF John Cummings. of No. 1907 Lin
coin street. Surrick was not i'm court
y
general a. capias was issued for his
arrest. returnable forthwith Special
officer Wardell took Surrick into GUS
tody. Tho case grew out Of an alleged
attack made on the girl in Brandywine
Park last fall. The child was on her
way TO No "A school one morning
when "a young man whom she had seen
in the park on several occasions start
a. larff
Surrick was suspected of the attack
and on November 20 was taken into
custody. In city Court the child could
not positively identify him ana the case
was dismissed. The state detectives
were. however. put on the case with
the result that an Indictment has now
been found against Surrlck.
Russell Pleads Not Guilty.
Morris Russell alias Nose, pleaded
not guilty to the indictment charging
MIN with the murder OF his companion.
John w. Burkett. whose body was
found i'm the marsh at the foot of
Seventh street. on October IS and who
fed the state and was captured at
Newport News. Va. His attorney is
Phillip /. Gs rrett. The case will proh-
ably go ON trial on Monday.
against Stanislaw Wierzbowsk on the
charge of mansiaughter.
Teoli Shit in Self defense.
A nollc proscqui was entered in the
case of Giuseppe Teoli. alias Joseph Te-
vol. indicted for murder in the first de-
gree. The attorney general stated that
after careful investigation of the facts
IN the case he concluded that the
shooting vas in self-defensc. Teoli shot
and killed Andrew AIugliameo after
the latter had chased him with a dag
ger. Judge Lore complmented Mr..
Gray on making such a thorough in
vestigation and by this meant saving
tho state considerable expense.
Grand Jury Discharged.
The grand jury having completed its
work for the term was discharged from
any further attendance with the thanks
Of the court
Nladislaw Dlugozima was found
guilty Of improper conduct toward his
first cousin who is but Is years OF age