Smyrna times., 1925-11-04
KENT COUNTY COURT At DOVER
TAKES RECESS TO NOVEMBER e
CASES HEARD AND SENTENCES
IMPOSED LAST WEEK BY COURT
Case That Has Its Effect on Aldermen
or Self-Styled Mayors, Heard
Caleb Baynard cts Is Years


The October term of the Superior
Court and the Court of eneral Ses-
siOns in and for Kent County recess
ed on Wednesday until November %,
when cases continued until that time
will be heard. Wednesdays session |
of Court of General Sessions, was tax |
en- up with the consideration and dis |
position of several criminal matters |
including imposition by the Court of |
several sentences, the heaviest of |
which was that of Caleb Baynard, |
negro, convicted last week of an as
sault on Mrs. Elizabeth Shahan, a
white woman, living on a farm near
Whiteleysburg, the assault alleged to
have taken place at the home of the
Shahan's on June 30, during the abb
sence of Shahan who had gone to the
creamery at FELTON,, Mrs. Shahan be-
ing alone with a month old baby. AS
the case proceeded, it resembled one
of a more serious nature. Baynard
was given a sentence of Is years in
New Castle County Workhouse.
Case of An Alderman or Mayor Heard
Possibly the most interesting case
before the Court, and one which will
naturally have effect on Alderman's
and self-styled Mayors of smaller
towns, was that of Darwin E. Saw
telle, Alderman of Harrington, and
often called Mayor of Harrington,
who had ben cited to appear in
Court on a rule to show cause why
he should not be punished for con-
tempt of Court in refusing to accept
bail in a case of motor vehicle viola
tiOn alleged to have been committed
by Joseph E. Jester, on the 18th of
June last, on the State Highway be-
tween FELTON, and Harrington, Jester
being compelled to pay fine of
$4,000, and later after he had been
certiOred to appear in Court to have
his decision reversed, ordered the
arrest of Jester who on being brought
before him, on June %, as Alderman
fine of $25.00 and $1.00 cost was
imposed and an additional fine of
$500 for contempt, because Jester
had stopped payment at the bank on
the first fine imposed which was Civ
en- by check. Jester was represented
by John B. Jester, his brother, an at
tOrney of Wilmington, while Sawtelle
was represented by Howard Lynch, ,Jr.,
of Dover. Attorney Jester presented
the petition setting forth the differ
ent stages of the case before Saw
telle, as Mayor and later as Alder
man, all of which was admitted by
Sawtelle, the only request made by
his attorney being that Sawtelle be
allowed to tell why he had used such
. authority and Sawtelle made the
3. statement that thinking he had jur
+ isdiction in motor vehicle cases, SucI
It belief being strengthened by state
e ments made to him by State Highwa!
5 officers who brought cases to him
acted in the capacity of hearing sucl
cases, although his position was clear
ly defined as Alderman of Harring
ton. He claimed that in the hearing
of such cases he had no idea of beinj
20 in contempt. Judge Rodney question
ed Sawtelle as to why he refused t
accept bail Notwithstanding such bal
being offered to which he replied tina
the reason he would not accept ba
and allow a continuance of the cast
to which Sawtelle replied that his re
fusal at the second hearing was du
to the fact that Jester had stOppe
payment on the check given him fC
a. the fine and costs imposed at the fir,
~ hearing, which was claimed b
< Jester to have been altogether irret
Is ular. Before imposing sentence G
'd Sawtelle, Judge Rodney made it plai
that the proceedings before the Cou
were brought under the law of Il
State where Courts have jurisdiction
over the correcting Of acts of magi
es trates, etc, and that the case W;
of properly brought The Judge pOint'
mr. out how Sawtelle should have sent h
. record to the upper court. That t
Constitution of the State guarante
to all people, the right of being hear
That the Court did not believe tn
he wilfully violated the law, but /
error was due to misconceptiOn
, the law. The Judge further made
+. plain that his jurisdiction was CO
:. fined only to the corporate limits
o'' Harrington and did not extend Cutsi
and that in any case he must gi
everybody the right of an appe
The Court then imposed a fine
$1,000 and costs.
Other Cases Taken Up and Tried
The case took up some little til
of the afteroon session of the Cou
The Writ of Habeas Corpus, set
Wednesday afternoon in the case
-, Madaline Wright Christopher, ask
~ for the custody of her two year
Ork son Law ChristoDher from the cuStC