Well, it errored twice telling me first that the directory was not empty (Uh... duh, if it was empty I wouldn't need this app), and then on the second run that my ~/.Trash directory didnt exist.
After that I opened my aparently not emptied trash, and saw nothing in it. I deleted a test file & it was deleted immidiately without going to the trash. I then deleted a second test file & it went into the trash & I am able to retrieve or delete without any problem.
Its a little funky to try to use, but that may have been my particular trash problem. Overall it did the job, just took a little fiddling to get there.
Thanks for the free help.