Evening journal., 1918-09-28

named John Kane was on the bail bond
and Mr.. Salisbury had been gotten as
counsel for Fitzsimmons. The $3.50 mad
been given 10 him, he said, by Mr.
Salisbury and he gave IL to Mr.. Rich
ards for the purpose OF refud 10 Mr
Hance. Somebody the witness could
not say who gave IL TO Mr.. Salisbury.
WAS IL given for the purpose Of settl-
ing the case out OF court2" Mr.. Rein
hardt insisted upon knowing. The
witness said he thought IL was.
Didn't Mr.. Richards say IL could only
be for the purpose OF restitution and
not for settlement" Mr.. Heinhardt
went on. The witness said Mr.. Rich
ards had said this.
Then Mr.. Mundy asked leave TO eX-
plain his position in the matter and
went on 10 say that he had met Mr..
Hance on the street and there had been
some conversation about the $3.50. Mr..
Hance asking IL he (the witness) had
/ $3.50 for him 10 which the witness re-
piled that he had $3.50 but did not
know II II belonged TO Mr.. Hance. Later
ne met Mr.. Hance again and there was
talk about the "glass' diamonds and
whether Mr.. Hance had them and
whether there had been any demand
upon him for them. Later the witness
gave the $3.50 TO Mr. Richards.
"Why did you not give the money dl-
rect 10 Mr.. Hance2" Mr.. Relnhardt
! wanted TO know and Mr.. Mundy replied
that he did not want either himself
or Mr.. Hance to "get into trouble"
At the afternoon session the State Of
fered little testimony other than that
the diamonds that were the States
exhibit No. were just bits Of glass.
Fltzsimmons' defense was that he was
not in Wilmington on the day OF the
transaction as detailed by Mr.. Hance
and that therefore IL could not have
been him who switched" the diamonds.
On the day In question, he declared he
was In Bloomfield, n. j., seeing a man
named John Staley about going into ne
sideshOw business together. Cross eX-
amined, he admitted having been con-
victed and given a short term on lar
ceny charge about eighteen years ago.
This ended the testimony. Mr.. Green
in opening 10 the jury stressed the evil
dence Of Mr.. and Mrs. Hance regarding
the dealings with FitzsimmOns. Mr..
Salisbury replied that Fitzsimmons had
testified that he had not been in VIII
mlngton on the day named and that
the prisoner was entitled TO the benefit
OF the doubt, 10 which Mr.. Green q
piled I'm turn, tnat the $3.50 restitution
proceedings did not look very much |
like the act of an innocent man. The
jury was out two hours and then re-
turned Its verdict OF guilty. Mr.. Sauls- |
bury asked the court to consider the
prisoners age. Mr.. Green responded by
reading the prisoners police record, |
and the court imposed sentence.
The last conviction In this city for
larceny by trick" was early in the
present year when one Thomas Drew
was found guilty, after a sensational
trial in which he defended himself OF
getting $40 from a woman by means Of
lhe sealed letter game and sent to
jreenbank for two years and half.
Villa E. Windsor. a former cOnduc-
or in the employ OF the traction com
)any, was acquitted before Judge Heisel
n General Sessions Room No. 2, on
.harge Of embezzlement. Windsor. 1t
vas alleged, knocked down" six fares,
total of thirty-six cents on July %
asst, while on half trip from French
treet station TO the end Of the Delaware
venue line.
The case was the first Of the batch Of
ases against traction company con
IuctOrs 10 reach a jury. One OF the
'thers indicted has entered a plea OF
,uilty ard another has been sent 10 the
uvenile Court.
The evidence against Windsor was
by three employees OF the
hallway Audit and Inspection Company,
Philadelphia concern which makes q /
pecialty Of such matters. Two OF these
len testified that they had seen the
collect sixteen fares between
he French street station and Second |
nd Market streets and fail 10 ring up
TX OF them.
Windsor who was defended by James
said he had absolutely no
3collectlon Of such a thing and If he
ad failed to ring the fares up it was
ute unintentional on his part. He
as given frst-class reputation for
onesty by character witnesses and the
Try was out only a short time DELHI
'ating upon the case
Before Judge Conrad in Court OF
eneral Sessions, William L. Engle-
irdt changed his plea Of not guilty TO
Iilty Of wife beating. He was fined
o and the costs Of the case or to
rye six months Imprisonment. on a
large Of contempt OF court in failing
appear when first summoned, he was
led 50 and costs.
Henry y. Isaacs, counsel for the de-
ndant. first asked that the case be con-
lued until the November term to give
lglehardt and his wife an opportunity
reach a reconciliation. Attorney-l
neral Reinhardt objected TO such an
plicatlon as long as the defendant in
ted on his plea OF not guilty.
Mr. lsaacs, after consulting Enele-
rdt, changed the plea and sentence
Is imposed. although no continuance
IS allowed as requested.
Of the testimony that he has j.