Smyrna times., 1924-04-30
CASES OF INTEREST BEFORE
APRIL TERM OF KENT COURT
10 CASES ON TRIAL, IL CASES
CONTINUED AND 2 SETTLED
Several Divorce Cases Disposed Of
Liquor and Larceny Cases, as Usual
Occupy Most of the Time of Court

Occupy Most of the Time of Court
The April term of the Superior
Court in and for Kent county and the
Court of General Sessions which con-
vened at Dover Monday morning of
last week with Chief Justice Penne-
will and Associate Judges Harrington
and Richards on the bench, has been
having a number of cases before them.
There was no session of court on
Tuesday because of the Republican
State Convention. In reviewing the
cases on the civil list it was found
that ten were ready for trial, eleven
were ordered continued until the next
term of court and two We're ordered
discontinued upon the payment of
costs. Of the nine divorce cases list
ed for argument, four were tried, two
continued, one withdrawn and two or
dered discontinued. Of the divorce
cases tried, the one of Ruth w. Tot
ten VS.. Rodger L. Totten occupied the
most attention of the court. The
grounds were disertion and the action
occurred in November, 1922, when
Totten was then an official of the
State Board of Education and eloped
with a school teacher from Sussex
county. The defendent did not appear
nor was he represented by counsel.
After the testimony was completed,
the court announced that they would
reserve their decision. j. Hall An
dersOn represented Mrs. Totten.
Other Divorce Cases Heard
Clara H. Raymond was granted a
decree nisi in her action for divorce
from James H. Raymond on the
grounds Of desertion. The desertion
occurred while the couple had been
living in Dover around September l,
1921. James M. Satterfeld represent
ed Mrs. Raymond.
Mrs. Hazel Leah Trice was granted
a decree nisi on her petition for di-
vorce from Preston E. Trice on the
grounds of desertion and adultry.
The desertion occurred while the
couple were living in Harrington dur
ing December of last year. Richard
R. Kenney represented Mrs. Trice.
John R. Birmingham secured a de-
cree nisi from Violet M. Birmingham
on the grounds of desertion. The de-
sertion occurred while the couple were
residing in Houston in 1920. Testi-
mOny was offered to show that efforts
were made to have Mrs. Birmingham
return to her husband but she refus-
ed to do so. Richard R. Kenney rep
resented Mr.. Birmingham.
Grand Jury Given 21 Presentments
! The Grand Jury were given twenty
/ one presentments by deputy Attorney
General Earle D. Wiley and they re-
turned true bills on all of them, COM
pleting their work on Monday after
noon. The true bills returned were
as follows:
] Howard L. McFann, desertion and
/ non-support.
John Collins, Aubrey Gooden, Mar
tin Knock, and William Bell, unlaw.
ful manufacture and possession Of
liquor.
James Turner, Orlando Fisher anC
Lee Peaker, two indictments, charged
Turner with larceny, and Fisher anC
Peaker as accessories.
Henry Eckerd, desertion and non
support.
Edward Dietz, larceny.
John Dunning, Percy Dunning, Wal
ter Yearsley and Beezer Flamer, fou
indictments of larceny.
Fines Imposed in the Liquor Cases
Penalties commensurate with tn,
offenses against Delaware's liquo
laws were imposed by Judges Har
rington and Richards on Wednesda.
afternoon, which came as surprises t.
some of the defendants inasmuch a
applications had been made for parol
Of the defendants, all of whom ha
changed their pleas from Not guilt
to that of guilty" the applicatio
for parole being denied in all but on
case that of John T. Mitchell, a whit
man, who had been indicted at tn
February Term of Court for the j
legal possession of intoxicating liquor
which case had been continued to til
, present session. Mitchell was give
fine of $1OO and ordered to pay tn
costs of prosecution and was probate
: to State Detective Wharton for or
J. year.
William Bell, a white man, who hs
served nine years in the service of Il
u. S. Government and who had plea
guilty to the manufacture of intox
? eating liquors, and for whom a paro
also had been asked, after a short le
ture by Judge Richards as to his Sc
vice in the U. S. where he should ha'
known better under strict disciplin
was sentenced to pay a fine of $1I
and be imprisoned in the New Cast
County Workhouse for a term of
months. The indictment against hi