Every evening, Wilmington daily commercial., 1922-11-23
LUTHER MILLS CASE
IS CONTINUED AGAIN
Postponed Until December 2 to
Give Prosecution More
Time.

In the case Of Luther Mills, charged
with conspiracy in connection with
the dynamiting of the Fourteenth
street bridge of the Pennsylvania
railroad. Judge Hastings in the NUM-
cipal Court this morning ruled that
confessions made by two Of tho five
sentenced conspira tors. alleged to i'm
plicate Mills, are not admissible as
evidence. In the ruling the court en-
phasized that the sentenced conspira-
tors cannot refuse to testify against
Mills IL their crime Is Identical with
the crime alleged to have been COM
mitted by Mills. Otherwise, the court
declared. they could testify.
Judge Hastings, however. continued
the Mills case until Saturday. Decem-
ber 2, in order that Assistant City
Solicitor Green might have an oppor-
tunity to examine the conspirators
privately and ascertain whether their
testimony will reveal more of Mills
alleged completely in the conspiracy
than their statements showed. Here
Judge Hastings said he felt that the
statements made by the two confessed
conspirators did not disclose sufiicient
evidence on which to hold Mills Tor
any charge.
For more than a month the case OF
Mills has been pending in the Munich
pal Court 1t was continued twice at
the request of Mr.. Green in order that
il might be presented to the New Cas-
tie county grand jury. Yesterday when
the case again was aired in the lower
court the grand jury had completed
its business for the November term
Robert G.. Harman is counsel for the
defendant.
The State charges Mills was sent by
Robert Pratt to Lionel M. Phillips,
two OF the conspirators, now serving
sentences at the workhouse, for the
seventeen sticks of dynamite exploded
under the bridge; that he was given
eight of the seventeen sticks and that
the eight sticks carried by Mills were
used in blowing up the bridge.
At this juncture Judge Hastings
contended that Mills might have beer
used as a messenger unconscious OF
the purpose for which the dynamite
was to have been used. The state
however, in its argument, told the
court that this was a transaction he
tween strike breakers and that Mills
was bound to know that the dyna-
mite could not have been wanted fol-
a lawful purpose.
Mr.. Green continued that Mills
knowledge OF the plot could be proved
in a circumstantial way if not in {
direct way. The prosecuting attorney
declared that Mills knew the circum.
stances and was also we'll informed
of the activity of the other conspira.
tors with whom he is alleged e
have been working in connection will
the railroad strike.
Relative TO the statements, Judg
Hastings commented that there wa
nothing contained therein TO show tha
Mills was well informed or had take,
a part in the conspiracy. Mr.. Greer
however. oontended that the trans
ferring OF the eight sticks Of dynamit
puts HIM into a conspiracy. Milk
Philips and Pratt were railroa
strikers and took an active part 1
The strike, the assistant city sole.
tor said.
II was then asked by the cour
whether Phillips and Pratt could test
ty TO more than was in the state
ments, whereupon Mr.. Green state
that he had not thoroughly examine
them and would want an opportunit
10 examine the statements privatel
before having them testify in court.
Mr.. Harman, who appeared read
to fight the case, remarked TO III
court that at the time of the hearin
he would have more TO say concern
ing the right TO compel Phillips an
Pratt to testify.