Milford chronicle., 1935-05-03

nuEueE III MS pIGHGUCS. EludAAg u
December 8, they confessed anC
signed statements to that effec
which were used against them at the
trial. After having made their con
fessiOn, they never denied it. Fred
erick P. Whitney, young attorney
represented the Careys at the trial
They never took the stand in theiI
own behalf.
For many weeks PinkertOn dctee-
tives worked on the case with the
Sussex officials, but they could not
obtain enough evidence against the
Careys to warrant their arrest.
Mr.. Whitney on April 8, the day
of the trial, made a motion for an
arrest of judgment and a new trial
on the ground that ''the Court had
erred in telling the jury that noth-
ing in the confession could form the
basis for self-defense," and that the
Court erred in charging the jury
that there was no evidence upon
which a verdict or verdicts OF man
( slaughter may be founded"
| The argument took place before
/ the trial judges on Tuesday, April
Is, and the time fixed for last Fri
day for the handing down of the de-
cisiOn. Shortly after court cOnVen-
ed, Chief Justice Layton addressing
his remarks to Attorney General r.
Warren Green and Mr.. Whitney
stated that 1.-The Court had fully con-
sidered the motion and a new trial
was denied" When these remarks
were made, the contenance of Mrs.
Carey changed. Prior to that, while
looking sullen and pale, she seemed
to he but little moved, Howard be-
gan to sob, as he had done each
time he was brought into court,
while James continued to stare at
the floor as he did throughout the
trial.
When it was announced that the
motion for a new trial had been re-
fused, Attorney General Green NOV
ed for the imposition of sentence on
Mrs. Carey and the two sons. Attor-
ney General Green stated that the
murder was a very brutal one and
that there was nothing that would
warrant a recommendation Of Iaer-
cy as provided in capital cases and
which the jury asked the court.
Mr.. Whitney was called upon by
Chief Justice Layton and asked if
he had anything to say. Mr.. Whit [
ney said that he thought the Court !
ought to consider she was a woman
and being 55 years old wouldn't
have long to live" He also said thar /
"the jury had recommended mercy"
"As to Howard" continued Mr..
whitney," he has lived a very re-
spectacle life. since the crime in his
community. He is married and has
three children and has been work
ing and providing for his family. In
view of the fact that the jury has
asked for mercy,I think the Court
ought to take it into consideration"
Chief Justice Layton then asked
Mrs. Carey If she had anything to
say. Pale and trembling, she arose
and said, Il want Mr.. Smith (mean-
ing Warden Hugh D. SMITH to tell
what he knows" Warden Smith was
then called upon and stated that "he
didn't know anything about the
case" What Mrs. Carey had in mind
that she wanted the warden to say
Is not known.
Before imposing sentence, Chief
Justice Layton read a prepared
statement which he delivered, giving
/ review of the case and explaining
he law relative to the recommends
ion for mercy. He said that 'the
crime in question was not one of
impulse" but was premeditated and
vas "one of the most vicious in the
annals in the State" The
aw," he said. makes no difference
Is to SEX" In speaking of the part |
'er son, Howard. played, Chief JUS
ice Layton said his guilt is not s
because of his mothers [
and remarked that he !
'ielded to the promise of his mother
luying him an automobile to help
ill his uncle. HE struck the first I
low and fired ,the shot," said Chief o
Justice Layton. Howard was then G
sked IL he had anything to. say be-
ore sentence was imposed. Sobbing
s if his heart strings we're being
Orn out at the conclusion of the \
of his mother to death, S
e finally arose to his feet, in al {
lost a staggering condition. and it 1
Tas almost two minutes before he d
Ould calm himself and address the 1
Ourt. He remarked that his mother +
breed him to assist in the crime, +
nd that he wanted to run from the Z
Ouse and get away but that she q
I'D James II he started to leave to Il
boot him down with a shotgun. He
that he was forced to go o
yer to his uncle's home and assist c
/ the murder or else be killed by 4
is brother at the instance of his I
other. is
When the death sentence was inn b
lsed on him, Howard almost faint L
! and he and his mother screamed. p
e almost fell from the prisoners el
* and had to be grabbed by some 81
the officers. Finally he was scat H
and while they were crying and 81
James for the first time, Il
'oke under the strain and sobbed. e'
e was then given his sentence of o
Is imprisonment in the New Castle g
unity workhouse. in
Chief Justice Layton then ordered 70
arden Smith TO remove the pris- W
Iers from the courtroom and keep pI
EN- In confinement in the county m
Il until the date Of the execution. TO