Milford chronicle., 1939-07-21
GEORGETOWN
Elliott Case To Be Heard August 4

| EIllOtt case 10 be Hedr0 august
Argument was conducted here on
Monday in the Court of Oyer and
Terminer by Frederick P. Whitney,
counsel for Samuel w. Elliott, Jr.,
of Rehoboth Beach, for a new trial
Elliott on July was convicted OF in
voluntary manslaughter as a result
of cOlliding with a car owned by Ed
gar B. and Mrs. Florence r. Coulter,
in which Mrs. Jessie Ennis Lingo,
age 80 years, was riding and which
resulted in the death of all three on
the night of October 10, last year.
At the June term of court, three in
dictments for manslaughter were re-
turned against Elliott. He was tried
en- the indictment charging him with
being the cause of the death of Mrs.
Lingo. Five counts were set forth in
each indictment. The judges, Chief
Justice Daniel ]. Layton, Associate
Judges Richard 5. Rodney and Frank
L. Speakman-held ON July 5, when
the case went to trial, that count &C
should be stricken off as it did not set
forth fully the contentious.
The jury, after about four hours OF
deliberation. returned an unusual
verdict. They disregarded all other
counts and returned their verdict on
count "a" declaring him guilty for
operating his motor vehicle without
keeping and maintaining a proper
lookout for others lawfully using the
said highway"
The accident happened on the
Georgetown-Lewes highway, at a
point known as Gravel Hill, about
four miles east of here.
Attorney Whitney has filed fifteen
reasons why a new trial should be
granted. He bases his argument ON
count "a. contending that the court
erred in refusing to strike it out
prior to the opening of the trial.
Attorney General James r. Nor
ford represented the State.
Only one count-count "A"-was
argued. Briefs are to be filed on July
81 and further argument postponed
until August 4. at p. m.
Finance Official Charged With
Larceny When He Seizes Car
Stewart Barton, who for the past
eight months has been credit man
ager for the Bankers Finance Com
pany. of Wilmington, and who was
indicted at the June term of court on
a charge of larceny of a Chrysler Sc
dan, 1888 model. from Grover C.
Shockley, Of Rehoboth Beach, on May
s, was placed on trial Monday after
noon. The case was heard by Judge
Richard S. Rodney. Deputy Attorney
General Daniel ]. Layton, Jr., is pros
ecuting for the State, and former
Deputy Attorney General Caleb NJ.
Wright. represented Barton. The
case was continued until August 4. |
In the meantime. briefs are to be fill |
ed.
The charge against Barton grew
out of the seizure of Shockley's car, |
because he was in arrears in the |
installments, without writ |
of replevin and against the objec-
tions of Shockley.
Shockley, it was contended, was
willing to give up the car. but not
until he had received from the fl
nance concern about 800 which he
had paid Tor insurance premiums.
Barton Is alleged to have driven to
the home of Shockley on May and
told him that he had come after the
car unless arrearages were paid. FL
nally the two drove to the business
of Paul Carpenter, at
Lewes. to discuss the matter. The
machine was purchased from Car
penteI.
Barton is alleged to have left the
office of Carpenter stating that he
was going after the sheriff to recover
the machine. Instead, it was claimed,
he jumped into the machine and has
tily left Lewes. Raymond Thompson.
Of Wilmington, who had gone to Re-
hoboth Beach and Lewes with Bar
ton testified that he drove away with
the machine instead of Barton.
Probably one of the points to be
decided in the case is whether or not
Barton. under Il conditional sales
with objections ON the part
Of Shockley, had the right to drive
away with the car until some legal
steps had been taken. O.her ques-
lions may be involved, 1t is intimated.
Work On Community
Resumed
Work on the community building
being constructed by forces of the
WPA near State Highway Police Sta
lion No. 4. near here, was resumed on
according to State WPA Ad-
Benjamin Ableman. A
report was in Gil culation some days
igo that the work had been stopped
because of complications caused by
he recent act of Congress. This Mr..
Ableman has denied vigorously. II is
admitted that slow progress has been
made on the building, but this has
Ieen because of a lack OF sufficient
lvailable carpanters Additional
Il. n d,