Every evening, Wilmington daily commercial., 1922-03-21
OLIVIA GIVEN rs
YEARS FOR KILLING
SAMUEL CHRlSTlANA
Continued from page 1

Sitting within the space reserved
for lawyers, jurors and court at
taches and only n few feet from the
defendant were Olivias wife. two
small children, one a baby In arms,
and his sister. When sentence was
imposed, his sister broke out crying,
but his wife was more calm. Olivia.
who Is 80 years old took the sentence
without semblence OF emotion and
showed traces Of n smile as he was
conducted from the court room. The
court room was filed to capacity.
While Olivia was being led through
the corridor to the prisoners elevator
after court adjourned yesterday after
noon. he Is said to have tried to spit
on Mrs. Mary Saville. who had testi-
fled against him at the afternoon ses-
sion.
1t was after Police Sergeant Fox
had testified this morning to the ar
rest OF Olivia by him and officer j. A.
Reilly Mt Second and King streets that
Mr.. Ball conferred with the judges
and then held conference with Olivia.
When Mr.. Ball announced to tho
ty to a charge OF manslaughter. Dep
uty Attorney General Finger stated
that the State. under the circum-
stances, would accept the plea of gull
ty to the charge of granddaughter" To
explain the reason for the acceptance
of the plea, he said. a short statement
should be made. He then told the court
that while he felt the States evidence
was clear and convincing, yet there
was no evidence in the possession OF
the State TO show motive for the
shooting; that the evidence could not
secure a conviction beyond second de-
gree murder, and that the difference
In the sentence possible to be imposed
/ for manslaughter and the sentence
for second degree murder Is not very
material. The state would not be obl,
to show any malice aforethought or
the part OF Olivia. which Is esscntia
to obtain n conviction for first degree
murder. Mr.. Finger said. This, he
stated. would bring tho case out o.
tho first degree class. The deputy at
torney general told the court that the
State felt Il wise under all tho cir
cumstances to accept the plea. Mr.
Finger asked for the imposition %
the maximum sentence OF thirt,
years stating that he believed such {
sentence would do justice.
The jury was then discharged from
further consideration of the case anC
Mr.. Ball asked that sentence be de
ferred until $50 o'clock this afternoon
stating that ne had certain communi
cations and revelations 10 make &
the court that he did not feel woul'
be proper TO be made publicly.
To this request Mr.. Finger object
ed Postponement OF sentence woul'
rob the case. which he described a
one Of Importance, of much OF Il
moral effect. He said Il was of i'm
portance and value that sentence b
imposed Immediately.
After Chief Justice PernewiI ha
announced that he did not see VIII
|, the sentence should be deferred an
, that IL the attorney had any communi
, cations TO make why he could nc
make them then, Mr. Ball asked 10
-, an allegiance Of sentence until l1,s
o'clock. Chief Justice pennewil dc
Clined and directed Mr.. Rail. II
wanted to communicate with IN
court, 10 do so then. The judge
representatives Of the attorney ger
erals office and Mr.. Ball then retire
to chambers.
It was about 1l.So when the coul
returned and imposed sentence Q
;, Olivia.