Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-11-05

r believing IL, to be a fraudulent one.vrN a
The court sentenced Hester Miller fthe q
agro girl who was yesterday z convicted OF q
arceny, lo TO pay to William Yann the snm Z.
Eleven Dollars, the full value Of the stolen II
to be whipped with 20 lashes on ~
aturday the 7th day of November, between
ne hours of 10 and 3 o'clock, and to be sold
0 the highest and best bidder within the :
units of the state for the restitution money I
nd costs, for term not exceeding seven
ears. 30. .rHf 7. tll,tr. G .a.
(This girl we arc told is rather awitless crea
IRE, and could so have been proven, but she
lad no counsel, until short time before she
vas arrayed for trial; and of course her case,
Inder the existing circumstances, could not
eceive that thorough investigation, to which
I ives entitled.)
N. b. Smithers Esq, Counsellor Amelia f.
Thompson In divorce case, moved tor an
amendment in the prayer of the petition for
iaid divorce, by inserting the words "bonds OF
in lieu ofthe words 'mense Ell orG,'
the Acto of Assembly having been amended in
that particular at Its last session. Mr.. Layton,
Counsel on the other side, objected on the
ground that IL the terms Of the petition we're
changed that 1t was not q proper petition and
would require a new petition. The court |
thought otherwise and leave was granted to |
amend the Petition ,4@'"SJ .,l 'e |
Geo. P. Fisher, ESD, Counsel for Mrs NJ.
A. Collins, in a similar case, made similar |
motor; which was also granted.
The wheels Of Justice seem to move rather
tardily this morning, on account Of not ready
freightage. There is considerable business
before the Gran Jury but it seems not to be
ready, for the action of the Court.
John Cash was called for, but he was found
to be /" non est.'' II seems that Cash was in
stituted for some other name in mistake. We
| thought that II the person could be metamor-
phos.d, as well as all the name, it would be a
good thing. ~
Two cases Of the State VS.. Oliver Sweeney,
who was indicted for selling liquor on Sunday,
were taken mp. Willard Saulsbury, ESD, for
the defendant. These two cases were tried
| Jointly.
George Whitaker (n.) sworn. Stated that
he did not remember whether there were any
white pessons present when he bought the IL
quor. Did not remember on what Sunday. II
was early in the summer, at FELTON, Station, in
Murdcrkill hundred. Bought whiskey of Swee-
ney and paid him five cents. Bought but one
drink; it was on Sunday, in the afternoon.
Did not remember whether Mr.. Clymer was
present, or whether any other white persons
were present. The effort of the Counsel for
the defendant was to ascertain if any white
person was present, and if so, ther the tGsti-
mony OF the negro would have been waved,
but failing to establish that fact, of course the
testimony was taken.
j. W. Clymer, affirmed. Stated that he did
not remember the day of the month, or what
Sunday. 1t was in the early part of the sum
mer. Bought the liquor at FELTON, Station, at
tavern. The liquor was whiskey. Whiskey
is an intoxicating drink If mau will drink
enough Of it. Paid five cent. or flip.
Characterization. The house is kept by
Mr.. Carlisle. don't know whether Mr.. Car
Isle was in the State.
Here the evidence closed, and before the
case was submitted to the jury, Mr.. Salisbury
asked the Court If it was not necessary, in an
indictment for selling liquor on Sunday, to al
lege that the day on which the liquor was sold
''was the Lords day, commonly called Sun
day."
The Court gave it as their opinion that no
other conclusion could be arrived at, but that
the day alleged in the indictment was the
Lords day. The case was then submitted to
the jury, who without leaving the box, rem
| dered verdict of Guilty.
Court then pronounced sentence as follows
Fined twenty dollars aud costs in each of the
| TWO cases, and committed to the custody of
| the Sheriff until the fine and costs are paid.
Court then adjourned until O'Clock this after.
noon.
SANE DAY, 8 O'Clock, 2. NJ. j. p. Uomegys,
Esq, introduced Alexander G. Cummins,
ESD, to the Court and stated that Mr.. c. was a
native Of this State, and had been member
OF the bar of Pennsylvania for four years, and
moved that Mr.. U. be admitted a member of
/, | the bar of this State. Mr.. U, was admitted.
Inc rest OF the afternoon was oiled up with
and duchess pes.sions iUs pu 20
, | tomorrow.
Thursday, Oct. 70, 1857.
Court Of Oyer and Terminer, Grand Jury
! called. General Jury called. OOnstables,
Coroner and Justices OF the Peace of Kent
County called. About one half OF the Justi-
ces present. Constables answered pretty gen
orally. JANE Jones, free negro, Of Mispillion
Hundred, who was indicted for the murder OF
Henry G. Ralston was arraIgned. Being called
upon he stated he had no counsel, aud de-
sired that Willard Salisbury, Esq, should de-
TEND him. Accordingly the Court appointed
Mr.. 5. to fill that very responsible Office. Mr..
). asked for finu 10 summon some witnesses,
which was granted, and the case was deferred
| for the present. The Court called for some
| cases which were marked on the trial list, and
being informed that the witnesses were no
present, remarked that in future 1t would be
expected that witnesses, who were summoned
| In cases on the trial list, should be in atten-
dance and ready on the first day Of the term.
Mr.. Comegys petitioned the Court to enlarge
the time in a certain road petition.
Mr.. Fisher arose aud informed the Court
that he was ready In the case of the State VS..
George Bowman, NEGRO, OF Milford Hundred
who was indicted for larceny of ! bushel OF
corn aud sack, the property of Zadoc Postles
? Zadoc Postles, sworn. The witness stated
} it was his grain that he and Listen A. Houston
discovered it in branch on the 18th of June,
and finally traced it to the store and subse.
, quently to the prisoner. In this case, the
State was proceeding in very fair way Il
convict the prisoner when it was discovered
that there was flaw in the indictment, Wis.,
that the prisoner was not indicted as FIRE,
negro ~ proceedings OF the trial, Of course
were immediately arrested, when the Cour
T remarked that as the Jury had been sworn
the case was entitled to verdict. The Jury
= accordingly rendered verdict OF Not Guilty.
The prisoner was requested to stand up, and
the Court remarked that he had been indicted
for stealing corn, but owing to flaw in the
Indictment, he had escaped the punishment OF
:, the law. And advised the prisoner TO have
nothing more to do with corn. The prisoner
was then set at liberty.
State VS.. Hammond, for keeping stall too
y near camp meeting. This case was contin.
ueu on being informed that the defendant was
: out Of the State.
Q The civil list was then takkn UP, and a mum
Der oil cases disposed OF in various ways
u some continued. In some were rendered
= Judgments nisi," Nc, &c. We imagine tn
r. particulars in these cases would interest n,
o, passing glance,
70 There is quite concourse Of visitors /
J" Court to-day, owing to the anticipated trial q
the cases IN the Court OF Oyer and Terminer
II A great many, we doubt not, will be disap
pointed.
he Court adjourned, to O'Clock this afternoon
le Same day, 3 O'Clock, p. Nj. The petition q
J. two negroes, who were lodged in jail for deb
til was read by Mr., Sharp, praying to be released
so on the ground that they were unable to main
O. tain their families. Held under consderu
ID ton by the Court.
is The case was then called up which appears
Is Jesse Sharp VS.. VIM. Arthurs, but the res