Evening journal., 1911-07-21
KIDDIES' COURT
IS RECOGNIZED
Judge JOSlyn Turns Eighteen
Children Over to the
Probation Officer
READS NEW LAW BEFORE
TRANSFERRING DEFENDANTS

Eighteen boys, under the age Of IA
years, were arraigned in City Court
this morning and were turned over to
Probation Officer i. Ross Farra, Of tho
Juvenile Court, by Deputy Judge H.
p. Joslyn without a hearing This
is tho first time that the police court
has recognized the Juvenile Court,
created by an act Of the recent ses-
sion Of the General Assembly. Prior
TO turning the youthful offenders over
TO Mr. Farra. Judge Joslyn read the
following opinion on the matter:
The courts attention has been
called by the assistant city solicitor,
Mr.. Lynn. to an act passed by the last
session of the Legislature of the State
of Delaware. and approved by the
Governor on the fourth day of April
A. D., 1911, entitled, An act providing
for a Juvenile Court for the City OF
Wilmington and defining its powers
with reference to the care. treatment.
and control of delinquent, incorrigible
and dependent children
THE court has made careful ex
animation of said act and finds that
the Juvenile Court has sole and eX-
elusive jurisdiction i'm all criminal
cases Except capital felOnies) i'm the
city of Wilmington wherein children
are defendants, including juvenile de-
/ linquents. truants. neglected, incOr-
rigible and dependent children and
all other cases where the custody or
legal punishment of children is in
question.
THE act applies where a male child
is seventeen years of age or under,
and where a female child is eighteen
years Of age or under, but shall not
apply to any inmates Of a State in
stitution who are incarcerated at the
time Of the passage of said act.
The act specifically sets forth tho
powers and duties of the Judge of the
Juvenile Court as we'll as the proba
tion oficcr appointed by the judges oi
tho Superior Court upon the recon-
mendation Of the judge Of the Juvenile
Court and how and in what manner
complaints and arrests shall be made
OF juvenile offenders. II specifically
states that no child under age Of four
teen years of age shall. under any
C circumstances, be incarcerated in ans
county Jail or police station. and pro
vides for fine not exceeding one
hundred dollars should tho same bs
done.
"Said act gives the judge Of the
Juvenile Court the selection Of III,
place where children are TO be de.
tanned for their appearance before the
Juvenile Court, If In the opinion of
the probation officer it is necessary tC
so detain them.
The act further provides that anJ
child arrested with or without a war
rant shall not be taken before the
justice of the peace. before a police
, magistrate OF municipal judge, bu
shall be taken directly to the Juvenile
Court. The act specifically state,
that nothing therein contained shall
be construed to deprive such iusticl
of the peace or such police magistrate
or Municipal Court judge or Court o
Oyer and Terminer Of jurisdiction
such as now exists I'm cases wheri
the child is held upon the charge o
having committed a capital felony.
Therefore, the court is of opinion
that the Municipal Court of the cit!
of Wilmington has absolutely no luris
! diction whatever in any case of an.
, male child of seventeen years of ag
/ or under, or of any female child o
eighteen years of age or unde
> charged with any offense COMMITTEES
! within the corporate limits of tbs
city of Wilmington, except in case
, Of capital felony. and the court there
fore orders that Bruno Popensk
| charged with assault and battery
, Joseph Katrowski, charged with tres
, pass and disorderiy conduct; Brun
! Rebinsd and Baleslaw Rebuiski, tres
pass and disorderly conduct; Ernes
, Ford, colored, breaking and entering
William Wright. colored. attempte
breaking and entering a store; Josep
Berkowitch. Zebley Marlin, Fran
Cook, Joseph Wentz, James McLaugh
lin, Joseph Cook, Arthur Stell. Cor
don Parker. Roy Lane, breaking an
entering; Elwood Boulden, Msrti
Brown and Ernest Ford. larceny, be
q turned over by the Chief or Police I
the probation officer Of the Juvenil
- Court forthwith -