Every evening, Wilmington daily commercial., 1918-09-26
STATE ABANDONS ACTION
AGAINST HARRY c. JAMES
Continued from nage !

went ont to qce Mrs .Ianca and James
there. Just coming out of the house She
said she saw James strike his wife, whcther
with his fist ur his open hnnd ahe didu
know She heard him say That woman
is making me do this. referring. she
thought. tn herself Mrs lanos replied
"No, she Is not = Further, wen on the
witness, shc saw James fnrre his wife
down ON the stcpz leading from the house
and put his knee upon her Then they
went inside anil. according to Mrs Mat
thews. there came forth the awfullest
SCREAMS ! ever heard Iator they died
down and Mrs lanes and Janca came
into the yard again and. aaid tho witness,
James struck at his wife. but she couldn't
say that the blow landed lanes sud
"Nou are raising tho nciehhorhood, and
Mrs James replied = cant help IT You
drove me to II, or words 70 that effect
Turned over 20 Mr. Ward for cross
examination. the witness was asked ono
or two questions and then Mr. Ward
sprane his nlne upon the state
INDICTMENT ATTACKED.
Holding the Indictment and reading
from II he showed that lie text named the
person alleged Ia have hcen attacked as
Ahcc James not lanee. and on the
flaw created by the uac ~ n instead 81
N based his contention that lanes
could not he prosecuted under 4 nnd
asked that the jury hc instructed to
render verdict of no. guilty In support
of this Nr Ward went into lengthy argii
ment and quoted extensively from vatinns
lccIsiona and cascs lie held that naming
the wifc alleged as having been beaten as
james made u necessary for the state
tn prove its indictment. winch Il simply
could not tla The name James he sald.
went all through tho indictment and was
not seen rs James Therefore Mr. Ward
stood fast FOR q verdict If not guilty
Mr. t;rccr replied that James could not
pnssiblv have more than one legal wife and
that the indictment must mcan Mrs
James There was no doubt, he admitted
that the indictment read James vmCh
was. MIR Grvcn sand. unqIeationahly q
Typographical error made hv tho stcnng
raphor m tyIrwrit,np the instrument
Nr. Green. however. dii not diselalm r.
sponslhllitv. SINCE he had algned the IN
dlctmcnt iiut he held the view that the
error did not constitute a tatal flaw IN
the instrument, winch set lorth the main
allegation of wfe-heating
Mr. Ward replied IN effect that the
State must stand by its indictment naming
James for beating a person get forth as
Alice James, which II would he Impos-
slhlo Ia prove
Atter some further argument Judge
lielscl reserved decision upon the point
and ordered the case 10 proceed Mr..
Ward thcrcupon resumed his cross
examination of Mrs Matthews. putting
her through complete qulzzlng rs To
4 i
IN the James back yard, as To whether
James struck or pushed his wife on their
reappcarancc IN the ward after the first
part Of the incident. and wound mp with
the query as 10 whether the witness ever
had said IN effect. that she would do any
thing To put James "bchlnd the bars. to
which she returned vigorous and em-
phatlc no.
CASE ENDS ABRUPTLY.
Mr.. Green next called 10 the stand
another next door nclghbor Of the James,
Mrs Catherine CORY. and began to ques-
ton her as to = conversation she had with
James about half an hour before the back
yard occurrence Mr. Ward made oh
lection and MIR Green SAID he did not
care 10 argue the matter before the jury
4 conference then cnsued between Judge
llulsel and the two ATTORNEYS, at the end
Of which the court announced that II con
sidered the case one for nolle prosequn
Mir Green said that having made his
explanation of the situation, he would be
glad to ask leave to enter the nolle
proscquI.
And that ended it The jury clad Ia
be relieved of what promised to be a long
and steady duty all day. smiled, James
/ 4 Al r
graduating friends, going out of court
| free and with no such thing as an lndlet-
ment against him troubling with its
'ns' or its IN : =
George Proud, Martin Robinson
! Clarence Mausley and Dennis Sheridan
were placed on trial before Judge Heisel
charged with highway robbery Tn,
case was on when court took a recess