davidaulloa/AmericanStories huggingface dataset:
Evening journal., 1913-11-12
NAYLOR AGAIN
FACES JURY
Second Trial on Boy Murder
Charge is Now Under
Way
FIRST DEGREE VERDICS
BARRED THIS TIME

In Court of Oyer and Termiper today,
the motion by Charles b. Naylor,
through his counsel. Daniel o. Hastings
and Richard 5. Ro4ney, to allow him
permission to withdraw his plea of
guilty that counsel could present mo-
tion to quash the Indictment, was re-
fused. Chief Justice Pennewill, in hand
ing down the decision, reviewed the case
including the former trial and conviction
ON second degree murder charge. and
the granting Of a new trial. The court
referred TO the number of Jurors which
could be challenged in the case. that the
State could not ask for verdict ot
murder in the first degree. and that the
could would instruct the jury regarding
the law according TO the statute. Nay
lor was then placed on trial for the mur-
der of Earlville j. Francis
The following Jury was drawn: Hor-
ace Dcnnison. James W. Schacfer. Joseph
Higgins. Willard S. Handy, David II.
Richards, Warren Collins, George W.
Denny. Joseph O'Rourkc. Winfield :.
OT. Thomas l.. Rafferty,. Thomas T..
Davidson, james Alckeown.
Attorney General Wolcott. I'm open
ling for the State, said that under the
indictment the jury cannot return a
verdict of guilty Of murder OF drst
degree Under the ruling of the
Court the verdict now can be one Of
murder in the second degree. man
slaughter or common assault
Naylor is charged with the killing
lof Francis at Townsend by shooting
him with rifle as the young man and
his brother walked across a field The
shooting took place on Sunday. Janu-
airy 10 last and the young man died
in Wilmington three days later. Al
the last term of Court Naylor was
convicted of second degree murder.
but got q new trial
The first witness called today was
Earl Francis. a twin brother of the
dead young man. He testified he H.
Is years of age. and that he knew
Naylor. He and his brother, on
January 10 last. went TO the harsh
to tend mushrat traps. He examined
a map Of the marsh and told of going
down to Gravel Gut. ditch. to hunt
for ducks. In going down they saw
NaylOr
lhcy sat down for a time on Naylor 8
marsh. a, they started back they got
on piece of fast land and Earvil walk
ed ahead. His brother drew attention 60
Naylor and then he grabbed his side and
said: "Oh. I'm shot Later in the day
the boy went with Naylor and the lat
ter showed where he was standing when
the shot was fired. They started For
home and left marsh to the highland,
land as they proceeded witness saw Mr.
] lNaylor in the distance and a bullet
passed about four feet in front Of wit
ness. iii, brother fell or lay down ant
called for help. Witness finally succeed
ed in getting bis brother home. Tn
boy died later.
The witness was cross examined a
length by Mr. Hastings
Evening journal., 1913-11-12
DENY WHIPPING
POST VIOLATES
CONSTITUTION
District Attorney NieldS Has
Heard Nothing From WASH
lnetOn Of Proposed Action
JUDGES DISCUSS TIE
CONGRESSIONAL ACTION

The Delaware whipping post is not
in danger as a result of the resolu-
tion introduced in Congress yester-
day by Representative Evans of Mon
tana proposing that Attorney-G General
McReynolds bring injunction proceed
ings against this state to enforce the
Federal Constitutional prohibition
against cruel and inhUman punish
ment' in an endeavor to prevent tho
whipping Of two negro burglars next
Saturday
Judge william II. Boyce who SEN
fenced the negroes, James Mayard and
William Reason, 10 forty lsshes each,
twenty last Saturday and the same
number next Saturday, said that as
the laws provide lashes for specified
offences the court has no discretion.
Judge Herbert L. Rice, who also
Vas on the bench, said that any ac-
tion would have TO be against the Leg
stature, which enacts the laws.
United States District Attorney
John P Nields today said he had
heard nothing from Washington on
tally about the suggested injunction
proceedings. Mr.. Nields said The
form OF punishment. for State Offenses
is always left to the discretion of
State Legislatures except in very ex-
traoTdinary cases. Whipping as a
form OF punishment for certain Of
fences Is recognized in many States,
and certainly would not be considered
cruel and unusual in violation of the
Eighth Amendment to the Federal
Constitution
Judge Conrad. who did not sit IN
.he case of the negroes, doesn't re-
ward whipping as either cruel OF un-
usual For this reason. the Judge
said. he did not think the Delaware
whipping post infringed on, the Con-
stitutiou Of the United States Judge
conrad further said that the whipping
post has deferred criminals from
larger cities from operating in this
state M
Every once in while,' he said,
somebody has spasm of Indignation
over the inlliction of corporal punish
meut but Il soon dies out. and We 20 on
in tho even tenor Of our ways. This ag-
itation VIII not prevent the two negroes
from receiving their second instalment Of
lashes next Saturday. Bavard will also
serve fourteen years and Reason will
undergo eleven years imprisonment
Cornelius G. Street, dapper Young
White man. convicted of burglary, was
sentenced yesterday 20 twenty lashes
and ten years imprisonment. He will
bt lashed next saturday along with the
negroes
Evening journal., 1913-11-12
NEW PRISON FOR
DELAWARE CITY

Special to THE EvENING JOURNAL.
DELAWARE CITY. Dell Nov i2.-
A special meeting Of the Mayor and
City Council was held on Monday
evening.
The first question brought up was
about the garbage contracts Several
bids were received but owing to one
bid being made orally, the contract
will be awarded later.
Council decided TO sell the old lock-
up, and use the money for placing two
steel cells in building back OF the
fire engine house The old lookup is
out of the way here. and by placing
two steel cells near the main section
Of the town. II will be convenience
for the police officers.
Council decided TO ask tomato
cannery 20 locate here
Evening journal., 1913-11-12
Consumers in League TO
Batter Down Egg Prices

With fresh country eggs selling for
80 cents dozen and the supply linn
tied and storage eggs selling for 40
cents a dozen. several organizations
of this city are planning TO organ
ize cooperative leagues similar to
the one inaugurated by Mayor Shank
in Indianapolis, last year one or
ganization which is planning to form
league Is the local Machlnists'
Union The organization has COM
mittee appointed and az present COM
munication Is being had with cooper
ative leagues in the Western States.
Another organization having for its
purpose the buying and selling OF
food commodities with small mar
gin of profit was organized last night
This society vii, be known as the
Cooperative League and stock will
be sold at 81 share, none Of which
will be preferred. This organization
has a buyer in the lower part of tho
Delmarvia Peninsula. aud for several
weeks. the members have been re.
eeiving country eggs at forty cents a
dozen. Country butter has also been
bought by the members here az 8.
cents a pound.
These products are both from the
country. ana at the meeting last night
IL was reported by the buyer that
chickens could be purchased &C 10 and
N cents a pound. dressed II Is
planned that the consumers who bus
through the organization shall pay
their propOrtionate share OF the cx,
pressage on the eggs. butter and other
commodities shipped here
The Organization last night ap
Evening journal., 1913-11-12

data concerning the cooperative
leagues Of Belgium and Wisconsin,
and they will report at meeting to
be held next week.
More than fifty dollars was sub
scribed at the meeting last night. and
IL is claimed that the capital stock
viii reach $500 before organization
Is perfected
Upon inquiry in the city markets
this morning. reporter OF THE
EVENING JOURNAL learned that
eggs have advanced about 2 cents a
dozen In the last two days. Strictly
fresh eggs are selling for so cents
a dozen aud storage eggs bring 40
cents. ia some places slightly high
or prices are being asked. but an
leverage of so cents is being asked
through the markets Butter ranges In
price from SS 10 IS cents a pound.
In speaking Of the advance in the
price Of eggs, dealers said that there
is q general scarcity to be expected
/ In the fall because with the advent OF
cold weather the chickens are moult.
ing and cease laying. while the
younger chickens do not start in un.
! til after warm spell
The price OF beer in Wilmington
Hhas not gone up with the price o
beef in Philadelphia and other sur
rounding cities Steak brought 3C
cents this morning. rib roast. 20 ant
% cents pound, and chuck roast
/ rs and 20 cents. Dealers say thel
do not look for any immediate in
crease in the price OF meats.
Irish potatoes brought 80 cents
basket: second whites, 55: largl
sweet potatoes. 30 cents, and small
30 cents basket. Apples are selllnl
for so and 30 cents basket.
Evening journal., 1913-11-12
FINANcIAL Am COMMERCIAL

By The United Press.
NEW YORK Nov 12.--Vhe market
opened active.
y. ID. Lackey Co. say 1T IS
the belief IN well informed circles
that the market has actually dis
counted all the unfayorable features
surrounding the market moyoment:
end that stocks aud bonds are cheap-'
g. !. Hudson & Co say: We think
good stocks may be bought on drives
fer fair turns. but would not Follow
them up.
Evening journal., 1913-11-12
TO DRAFT NEW
MARKET LAW

The present market ordinances
we're discussed by the law comhittee
of City Council and Directors of the
Street and Sewer Department. in the
Street and Sewer Department build
ing last night The object Of the
conference was to prepare a draft Of
a new ordinance to he submitted 70
Council.
At the meeting IL was thought hest
10 consider the various sections of
the ordinances as they exist, and 70
try to take the best form then in pre-
pairing the new ordinance. Tho tVo
bodies will meet in. two weeks for
further discussion.
Evening journal., 1913-11-12
PRoPERrv DEAL BEFORE COURT.

The case Of Iovle y. kicnski q aI.. +
now before Chancellor Curtis Wilbur
:. Adams appears for the complainant.
Edward W. Cooch. Cor kienski. and
Charles r. Evan- tor the Newark Trust
Company. The complainant allcge, in
the hin filed that -he purchased n lot a.
Delaware and Academy streets, Newark.
and that before settlement was made
Kienski sold the property to the trust
company in trust for the Armory Com
missiti
Evening journal., 1913-11-12
FIGHTS EXTRADITION
ON GIRLS CHARGE

Arrested here several days ago on a
charge preferred by a young woman liv-
mg m Trenton, New Jersey, Alfred WI
Hon has been detained at the police sta
tion awaiting the arrival of the New
Jersey authorities. This morning James
salisbury, counsel for Wilson, took ont
writ of habeas corpus ON behalf of
Wilson and the ease win be called at
2.30 o'clock this afternoon.
Wilson was willing TO return to New
Jersey without eXtradition. but the New
Jersey authorities did mol COME here,
although they were notified. In the
meantime. Mr. salisbury WAS engaged.
ne contends that the oiIenso alleged in
the warrant is not extraditable
Evening journal., 1913-11-12
sILvERBROoK CHURCH NOTES.

A cottage PRAYER meeting will be held
this evening AZ the home Of Mrs Emma
A. Rsyhs. No. 1928 West Fourth street.
The Evergreen Sunday School Class
Of Sllverbrook M. r. Sunday school,
composed OF Young women. OF which
Mrs. Frank Bedweil is teacher, will give
. box social at the home Of ". Hs Con-
nell. No. 2l05 Lancaster avenue, on
Thursday evening. 81
The women Of the Monday night class
viii hold bake and sale on Saturday
Tor the benefit Of the building fund, at
The home Of Andrew Deyenney. No. 4S2
Ferris street.
Evening journal., 1913-11-12
UNDER BONDS FOR
DEATH THREAT

Onspiro Campano and Salvador Co
Vattu. charged with threatening
bodily harm 10 Ralph Barnurdo. OF Nc.
1900 Sixth street, were arraigned in
City Court this morning and wore
held under $500 peace bonds
The evidence showed that tho NOR
became drunk and went 30 Rarnardo''
house and threatened TO hioW his
brains out and KIN everybody in ih
house The men said they had bcel
drinking but that they were un
guilty. Several Witnesses testified e,
their good reputation
Evening journal., 1913-11-12
APPOMATTOX CAMP AUXILIARY.

At the meeting OF the Sons Of Vet
erans' Auxiliary last evening at their
hall, No s15 Market street, three ap-
plications we're made for member
ship, The Auxiliary will hold pa
triotic bazsr on Saturday after
Dcon and evening, at Odd Fellows
Hall, corner West Seventeenth street
ana Woodiawn Avenue.
Evening journal., 1913-11-12
BUILDING PERMTrS cRANrED

Building Inspector Johnson this morn
ing issued permit to George s. Charles
70 erect two brick dwellings at the
southwest corner OF Fourteenth street
and Woodlswn avenue. at a cost Of
- 900 each
permit was likewise issued TO W.
Llesver to erect an addition 70 the
building No. l6l5 Scott street This
will cost about $500.
Evening journal., 1913-11-12
SuPREME couRr cAsFs

speclal % THE EVENING TOCRNAL
DOVER Del. Nov H. Wrif- OF or.
ror 10 the supreme Court of Dealware
were filed here yesterday with Cirrk of
the supreme Court Wilbur ID Wild-.
pro'honotary OF Kent county as Tor
lows:
Two cases Of Samuel g. Elbcrt plain.
tin in error VS.. Harlan O.. Scott. Daniel
Vorhit. James J. Ford. john j. Raskob
and +. Scott townsend. defendants ia
error constituting tho New Castle
County Building Commission
Two cases oi John vs.. Codwn S.. the
sanIc building commission rs above and
The Wilmington City Building Commits
sion. The papers were filed by Mcssrs
John T. Ncarv and Robert n Richards
Evening journal., 1913-11-12
Nm issIsTANT SrPERYIsnR.

Samuel j. knowlion recently was
promoted 10 he assistant supervisor
OF signals OF the Maryland division Of
the p. 3. and " Railroad. and has
assumed hie ncw duties. He previ-
ously was assisi1ut supervisor Of
signals Of The Trenton division OF the
Pennsylvania Railroad.
Evening journal., 1913-11-12
soma FOR DUPONT COMPANY.

The steamship Grown OF Galicia,
Captain Holloway. flying the British
Tag. Is unloading nitrate Of soda. at
Pigeon Point, for the dupont Powder
Company, and, after part Of the load
is discharged here. the vessel will
unload the remainder Of It's cargo a.
Thompson Point, \. ]. The DUPONT
Company has plant located there.
Evening journal., 1913-11-12
TO HOSPITAL AFTER
LOSING HIS TEETH

Joe Koilowski. OF No. Maryland
avenue, who had several teeth ex-
tracted yesterday by a local dentist
was compelled to go to the Homeo-
pathic Hospital this morning for
treatment Pus had formed in the
mans gums.
Evening journal., 1913-11-12
NAY LOSE HIS FINGERS.

Thomas Coils. aged rs years. OF
No 5Of King street employed by the
Chicago Electric Hose Company. had
two fingers Of his right hand crushed
at work today. The fingers may have
10 be- amputated al the Homeopathic
Hospital
Evening journal., 1913-11-12
TO HOLD RUMMAGE SALE.

The Ladies Aid Society of Bethany
Baptist Church viii hold ummsge
sale at No. 100 West Eighth street TO-
morrow. Friday and Saturday. Goods
will be called for by notifying Delmsr-
via phone l102.
Evening journal., 1913-11-12
HELD ON NON SUPPORT CHARGE

William l. loung, who was charged
With non support in City Court last
week. and whose case was referred 70
Magistrate Lewis. he having been ar
raiened before the magistrate on =
same charge before. was held under $500
hail today for the Court Of General
Sessions The charge against Young was
brought by George H. n, Jones, who has
aeen caring for Youngis two minor chill
tron
Evening journal., 1913-11-12
STREET LIKE BAKFR SHOP,

BY the breaking Of an axle on the
bakery wagon OF Stanley Rodoloski.
Of Beech and Harrison streets. this
morning. the street IN the vicinity Of
Fourth and Spruce street. was lincd
with pastry and bread.
Evening journal., 1913-11-12
eENERAL cLAss MELTING

The Class Leaders Union Of the city
viii hold general class meeting and
love feast IN Grants A. NJ =. Chapel
tornorrcv evening. The Rev c. A A
Green, viii Be in charge.
Evening journal., 1913-11-12
I. e. r. A. FUcHRF.

The Ladies Catholic Benevolent
Association will give a euchre and
dance in Pythian Castle tomorrow
evening. Dancing and card playing
will begin at $50 o'clock. The prizes
will be a ton of coal. a gas lamp and
numerous other prizes.
Evening journal., 1913-11-12
DEAcoNEss' HOME DoNATIoN nv

November is and 10 will he donation
day az Deaconess' Home. No. S07 West
street Donations OF money. table linen
and groceries are requested The dea-
eonesses viii give chicken dinner and
bazaar in st. Pauls NJ. +. Church on
December T.
Evening journal., 1913-11-12
ENTERTAINMENT AT WESLEY.

The Sunday school Of Wesley NJ =.
Church will hold a social in the Sunday
school room OF the church tomorrow
evening Members and friends Of the
school are invited to be present. Re-
freshmente will be served free.
Evening journal., 1913-11-12
RECTAL IN ST. pAUI's CHURCH

Miss Evelyn Starks of Boston, an i'm
personstor, viii give the Tanning Of the
Shrev" in st. Paui's Church on Thanks
giving night. under the auspices OF the
Ladies' Aid Society.
Evening journal., 1913-11-12
BNowysON RESERVES LOSE.

speeial 10 TIE EVENING JOURNAL.
DOVER nei., November 12-tu enc
~ the most exciting games Of basket
ball ever PLAYED here. the champion
team Of Company C, last evening. oe-
feeted Browuson Reserves Of VII
nington The lineup:
Evening journal., 1913-11-12
MGHT AND DAY

7NsH~~~~~aa4a
Clothes for Men and Boys.
Palamas. fl.00 10 $3.50.
Underwear. soc TO $3.50.
S0y- and Hose, l3c 10 $3.50.
business Suits, ~ TO SIS.
DreSsup Suits. SIS to Sa0.
Fall Overcoats, ~ 10 $50.
Winter OYercOats. rs 10 3s0.
Odd Trousers. 81 TO 80.
We can flt you. we can please
You. we will save YOU tiue
money and trouble by coming
here and finding everything YOU
wear.
NEW WINTER OYERCO ATS.
Come IN and see the new
shawl collar Chmchilla over
coats at Sl5. $40 and s25. Blues.
Browns, oxford and Greys.
Lined throughout OF plaid backs
with satin tops.
Come IN aud try them on.
JAS. 7. MULLlN & SONS
9th and Market.
Evening journal., 1913-11-12
DEATH OF MRS. ELLIs.

Nlrs. William Ellis. who died al her
home. at Oxford. Md. oh siOnday. viii
be buried at Dclnar
Evening journal., 1913-11-12

Cullough. 1. Field goals. Horsey. 81;
Hardcastie s. Smith, l: Hlce. s.;
Walsh. q; Casey. 2; Fouls. Horsey, L.;
smith. 1: Bice. /: Walsh, 2; Ryan, l.;
Casev. I. Referee. Gillespie. Umpire,
QIillen. Timekeeper. Wharton. Tine
of halves. 20 minutes.
Tne star plays 10 the game we're
made by Walsh and Ryan. for the
Brownson Reserves and Bice, Horsey
and Hardcsstle for Company q.
fcmpany G will play Company B,
OF Milford, here on Saturday night.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1913-08-02
WORN BY WOMEN
Milwaukee Mayor Declines to
Put Ban on Bathing
Suits

Milwaukee, Aug. 2.-Milwaukee
women will be permitted to wear
whatever sort Of clothing they wish
when they 90 bathing, was the decision
of Mayor Gerhard A. Bading today.
Slit suits, boomers, n e-piece suits
or any other sorr will pass muster at
the local bathing beaches. All that
lie necessary is that they wear at least
a much AS the men do, and that the
clothing does not hinder the leg
movements during their swimming
and diving activities. The mayor in
sists, however, that the women and
girls who wear bloomers must have
them arristically made.
WHO wants to live in the blue
law agef' said Miss Daisie Allen,
the mayors secretary, when asked to
give the feminine side Of the s'bath-
ing suit" argument. "Some old fogies
would have as dress like Egyptian
mummies."
That clincned the argument ia the
mayors mind.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1913-08-02
The Churches.

Presbyterian church-Serv vice at
10 80. The musical program will be
as follows: piano Voluntary" Miss
Clark; vocal sole, The Heavenly Song,
Miss McKibbin; offeratoire; special
anthem, Guide Me. o Thou Great
Jehovah; piano finale. Sunday school
at noon. Union evening service in
Library Park. Sermon by the pastor
of the Presbyterian church. on friend
ship. &C. McKibbin, Pastor.
First Baptist church-There will he
the regular services tomorrow. 1t is
the time of the monthly communion
service and extending of hand -of-fel
lowship. The pastor will speak on the
theme Of The Grace of God. The
evening service will take place "a usual
in the park where will be held the
union service Roy L. Palmerton,
Pastor.
Methodist Episcopal church Public
worship at 1890 a. m. with sermon by
the pastor. The anthem, No Shadows
Yonder, from the Holy City. will be
given by the choir, and Miss Minnie
Crafts will sing. Hold Thou Ny
Hand. Onion service at 8 p. m, in
Library Park. Sunday school at 1850
a. M. Epworth League at Z p. ma.
E. Buriff, Pastor.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1913-08-02

ly spent. Miss Regina has been teach
ing in California the past year and
looks as If that climate and the posi-.
tion agreed with her.
Chss. d. Hurry of New York, in.
ternstionsl Y. NJ. G. A. secretary, will
speak to men only in the Ruby theatre
on Sunday afternoon at 4:30 O'Clock.
All men are very earnestly urged to be
present, and hear this distinguished
speaker. Mr.. Hurry has been q mis-
%siouary in South America, has trav-
eled extensively in other parts of the
world and is a most interesting speaker.
Special interest will be attached to
the new music to the words of Guide
Me. o Thou Great Jehovah. by Lee
g. Kratz. He was for several years
musical director of the Lake Madison
chautauqua some years ago. You all
remember him. The music was writ
ten just after the terrible cyclone that
recently devastated a considerable por-
tion of Omaha, Neb., the home of Mr.
Kratz. He received the inspiration on
an old grand piano out in the rain in
the tornado belt neal bis home. 1t
bears the impress of nervousness"
somewhat, but it is the best anthem
that the Presbyterian church choir
have ever practiced. They will have
a chorus of about ten people to sing.
Don't fail to hear it Sunday morning.
The state fair of South Dakota is
not a private institution run for per.
sonal profit. 1t belongs to the people
of the state, is their public property.
The state board of agriculture is crate
full for the manner in which the rank
and file of South Dakotsns have sup
ported their big exposition. In turn
the board is trying to make good the
confidence which the people place in
them, and Is e~ndeavoring to seq that
there is no disappointment either in
exhibits or entertainment. The board
has always purchased the most costly
and uptodate attractions for the fair.
Let's be right up to the minute" has
been their slogan. Last year the big
aviation meet was the main feature.
This year air machines are more COM
mon. The spectacular and 1918 patent
ed pyrotechnics are the latest in thrill.
lers-so that's what the state fair will
present as the big attraction.
Aberdeen dispatch: The loss q in
the storm OF Tuesday evening three
miles south and west of Aberdeen will
aggregate SEQ, 900 or s25. 900 according
to late reports. II. L. Lindsey had q
big clio demolished, causing n loss of
$3.50. The big barn and silo, the lat
ter ons Of the first built in Brown
county, belonging to A. D. Moore we're
destroyed, causing a loss of So, 000.
John Fox lost a valuable horse which
was struck by lightning during the
storm. Much damage was done to the
Aberdeen sewage disposal plant, pow
Ia course of construction and to the
baseball grounds at Wylie park. ice
Waller. a 15-year-old boy, was driv-
ing a header when the storm came
up, and he was blown fifty feet and
painfully injured.