Every evening, Wilmington daily commercial., 1918-02-19
REMARKABLE STORY
REVEALED IN COURT
When John S Hennessy Was Ar
raigned on the Charge of
Non-support.

D3nuS INTO police court on nOn-SupTlOrt
charges. Yesterday there was "A batch
before Judge Churchman, and today
there was still another 'fat" docket Of
such cases.
When the case of John S. Hennessy was
called a very remarkable story wa re-
vealed. Hennessy WAS arrested in Nor
folk, Va, by Detective Fairchild after his
presence there was found out through a
letter he was alleged to have written to a
young woman not his wife Brought back
here he was in police court yesterday, but
rs the State wasn't ready to go on with
the case it went over until today.
Ella Nj. Henncssy, the prisoners wife,
proved to be young woman ot more than
ordinary good looks. She said that she
and llennessy were married May 10 of
last year. They never had quarrcled and
always had lived happily. On Monday,
February II, Henncssy left home, APP
parcntly to go To work. as usual. He didn't
come back From facts she learned later
she went to Humane Agent Stout about
the matter and n warrant was sworn out.
This was only a few days after Hennessy
left, and Judge Churchman remarked,
ooh. this won't do.
but wait, your honor, until YOU have
heard the rest of IL.
Then Farchild was put on the stand
and the evidence that he gave showed
it had been Henncssys intention deliber-
ately To desert his wife and elopc to the
west with another woman. Fairchid
produced letter written a day or two
after Hcnnessy left, dated in Boston and
sent by special delivery 60 voting woman
of this city, In IT he pleaded with her
TO meet him at the I.ynnhaven Hotel
in Norfolk on a certain date and they
would go west and start life over again.
The letter was full of "dearies' and Il
love yous' and protestations that the
writer couldn't live without her and that
there wasn't another woman in the world
for him.
On the strength of this letter after IT
fell into the hands of the detectives.
Fairchld was sent to Norfolk and bagged
Henncssy Just as he landed from the
Boston-Norfolk steamer Nantucket
During the reading of tho letter Hen
messy hung his head and when Judge
Churchman asked him if he had anything
to say replied IN the negative. Judge
Churchman said the letter undoubtedly
showed Hcnnossv's intention To per
desert his wife and made an
order of $40 with $500 security.
JOHN NEwLoyh's CASE.
The case OF John Ncwlovc of New
Castle hundred, when IT was called, fairly
bristled with legal hedge fences James
counsel for Newlove said he
was now already under bail to answer
4 charge of non-support IN General Ses-
Mons The case was sent up from
the magistrate $ court where it originated
or the last term of General Sessions. but
or some unexplained reason it was not
heard and apparently stIll is pending.
Mr. Salisbury declared that under |
,hesa circumstances Municipal Court |
had no jurisdiction Assistant City So |
icitor Malloy held that the acts which |
had resulted IN Newlove's being in court |
now had been committed since the case |
was sent up from the magistrates and |
an entirely new offence. Judge |
Churchman took the matter under ad- |
visement and continued the case until |
FRIDAY
ANOTHER ODD CAsE
George l.. Birmingham, who has been
N the workhouse for some time on
rear : sentence for failure TO keep up /
i non-support order obtained by his
wife, Della. whose home is in Berlin, Md.
was in court for the reopening Of his case
n an effort by his counsel, Philip l.. Gar
'ett. to secure q mitigation of 1t. Brit
lngham Is sufferer from rheuma tIsm
n an aggravated form and IN outlining
he case to the court Mr.. Garrett said
he cement floors al the workhouse were
doubtless not doing Birmingham maladv
any good
Mrs Brlttingham said that after mar
-iage she and her husband had lived at
Berlin, Md, and that he left there in
May. 1916, and sent money to her up
o December 20 of the same year. She
had him arrested here in September, 1917,
which time and the date he
topped sending money she had seen him
md written hun. She had two children.
NOT ABLE TO WORK.
Birmingham said that he bad not been
bile TO work since October / of last year
more than five days. He said that after
eaving Berlin he had come here and
worked rs a fireman on the railroads.
fe contributed to his wife's support as
ong rs he worked, until he found that
he didn't want to live here, wasn't
atisied in Wilmington when he brought
er up, and elected to go back home.
After argument as to the question of
urisdiction, because of Mrs. Britting-
ANS residence in Maryland, Judge
decided that the sole
question was Brittingham's 5 physical con-
ition A doctor who had been called to
estify couldn't be found and the case
Tas continued until tomorrow At the
anne time Judge Churchman said that
of some sort must be made
DR. the support of Brittinghams two chill
ren.
Judge Churchman also called attention
, the fact that when Brittingham was
court originally he stood mute,
lughed and showed absolute carelessness
egarding the charge against him. Mr.
Jarrett said this undoubtedly was u
,rm Of nervous hysteria, as Brttingham
ever had been under arrest before In
1urt today Birmingham appeared almost
oubled up with rheumatism and had to be
carried TO chair.
DIVORCED FATHERS CASE
Frank Gallagher was before the court
D subpoena regarding an order of $5 |
week for three children. Gallagher is a |
rakeman. Mr.. Garrett, who also ap-
cared for this man, said that Gallagher
ad gotten a divorce on the ground of
fidelity and that it was doubtful if the
lildren were now living under proper
1nditi0ns He said that the father was
erfectly willing to support the children
ut that he had absolutely no place in
hich to keep them Mr.. Garrett thought
lat Agent Stout should look into the /
after of the chiidrens present living T
,nditions. Judge Churchman said that
us was largely matter for Gallagher
D his own initiative but IT was his duty | +
find place for the children The order | {