Delaware inquirer. (Wilmington, Del.) 1859-18??, 1859-12-03

State us. Vincent observation-disclosures for la
ceny. Spruance for defence. The charge
this case was stealing wheat from w.
Brooks, in White Clay Creek Hundred.
w. W. Brooks, sworn.-I commenced thresl
ing on Monday, the 22d of August. The ne'
day we missed some ten or twelve bushels
wheat out of the pile. We also missed som
bags at the same time. On the night of til
3lst of August some % bushels more wer
stolen. There was a storm of rain that nigh
making the ground very soft. We foun
tracks and near by found the place where
horse and vehicle had been hitched fol
lowed the track of the dearborn to the bar
on the place occupied by Erath. Here it wa
evident that the dearborn had been turned an
n new horse put in. judged this from tn
different horse tracks. Saw the place wher
the horse had stood in front Of Eraths hOus
while they were getting ready. got Stat
warrant and found wheat on Eratli's premises
1t looked like my wheat though it had beer
cleaned. There was five or six bushels. Thi
wheat was up stairs We went to the barn ant
examined the horse and found his shoes woult
make a mark corresponding to those on thu
pike. Tried the horses feet in tracks. W.
went into the barn and found two of my bag
with three bushels Of wheat. recognizet
the bags by marks that knew.
Cross-examined. -Neversuspected Erath un.
til followed the track to his place on the first
Of September. | started on the track AS soon
as il was light in the morning and reached
Eraths house when the sun was about an
hour high. went by the road. 1t is -four
or five miles from my house TO his.
Adam Dayatt, sworn.-Testilied to executing
the warrant and finding the wheat and to
bringing two specimens of wheat and placing
them before Mr.. Brooks, who picked out his
own, and il was that found at Eratl's.
Samuel McVcy, sworn.--Testilied to finding
n scive under the barn floor Just before |
saw Eraths wife go into the barn and heard
boards moved. thought she might be hiding
something afterwards searched and found
the seive. II was bright as though it had been
lately used 1t had grains of cookie and bro
ken grains of wheat sticking in il.
The case was argued and went to the jury
who returned verdict of guilty.
Thos. Hudson, convicted of stealing two
bushels of wheat was sentenced To pay S2.50
rs restitution money, to be whipped with 20
lnshes on Saturday, Dee. 2, ind be sold for
term sufficient TO pay the restitution money
and cost of prosecution, saidte term not to exceed
seven years.
The jurors were discharged until Monday
Monday morning ut 10 o'clock and court adj
ourned until Saturday morning
SATURDAY MORNING.
Dennis Mclaughlin, Bernard McCiinley, and
Daniel Dougherty, came forward, took the oath
If allegiance and were made citizens of this
Republic in due form.
Patrick COyle, convicted of stealing watch
rom Edward Shipley, was sentenced TO pay
inc of $40 and the costs Of prosecution, to be
whipped with 10 lashcs on Saturday, Dec. 3D.,
o wear IL convicts jacket and be imprisoned six
months.
Vincent Eraih, convicted Of stealing wheat
rom WIN. w. Brooks, was sentenced to pay $25
IS restitution money, and the costs of prosecu-
ion to be whipped with 20 ashes on Saturday
December Sd, to wear n convicts jacket for six
months and be imprisoned for one year
MONDAY MORNING.
The Court opened and petit jury list called.
vi answered except Thos. NJ. Ogle and Giles
.ambson.
The Court said ave announced TO gentle
men of the Bar astweek we intended to devote
his week to the consideration Of civil causes
nd shall proceed 10 do so; unless there should |
e some pause in civil proceedings,we will then |
rocecd to take up some cause from the jail"
The Court directed that Margaret Ward CON |
ned in jail as witness, should be discharged |
The trial list was then taken up.
State u.s. Hayes use of Henry X. Hayes K Co. |
judgments amount TO be ascertained by coun- |
Ell.
The only criminal case tried to-day was that |
{ the State against George Johnson. This
risoncr was indicted for an assault and bat
FRY upon Malachi Mason, a police officer of the |
ity Of Wilmington, some three or four weeks
go.
Malachi Mason-Testified that on the 18th Of
November, at night, he heard disturbance in
,range street, and going TO see what 1t was,
)und the prisoner cursing and swearing that
@ could whip all the damned niggers in town
-as soon MS he saw me he started and ran |
an after him and he falling came upon him
nd seized him "llallOl" says he dis that
ou?' said yes he then submitted and
vent along with mel he begged me not 10 take |
i'm down Market street, as he did not wish |
rowd after him; we started down Orange and |
g made nm excuse to go ASIDE, but told him
his was no time for that; after walking along |
ute peaccaby when all of IL sudden he struck |
nc Il severe blow on the brow with pair Of
rass knucklcs or something of the kind, cut |
ing through the skin and flesh to the bone |
se then had scullle but the blood binding |
ne he escaped from me and got away after |
yards obtained the assistance of officers karr |
nd Moody, and discovering him hid in n gar
ct in Orange street,arrested him and took him |
efore the Mayor of Wilmington who commit |
litted him 10 prison. The jury returned a |
erdict of guilty. The court sentenced him to |
ay fine of $50 and costs of suit, and TO be |
Imprisoned for six months.
Court adjourned ill tomorrow Mt O'Clock
TUESDAY MORNING.
On motion of Mr.. Causey in behalfof Charles |
Iynson, confined in prison on judgment rem |
cred against him by Squire Buzine for as iault |
nd battery, the court made an order that he |
e sold to pay the fine and costs.
The case of George Buzine was continued |
" the Attorney General till next term.
The cases Of James Johnson, assault and |
artery and William Strimple, selling liquor |
Without license, were continued until next
,ourt.
In the case of Washington bucket against
frederick w. Carter and others, Mr.. Gordon
sked to withdraw his name rs counsel for the
thers and also to have the case continued on
he ground that important witnesses reside out
# the State. The leave was granted. Leave
vas granted to both sides to amend. Patter-
on for Plaintiff.
The Court ordered to be discharged from
,rson Thomas Mason, a free negro, no one APP
rearing to prosecute him.
The case of Susan McMichael Vs. Andrew
IcGuire was continued, owing to the absence
If an important witness, Mrs. Mcclure, OF
3randywine Springs who was certified by her
husband and DR.. Chandler, to be unable to at
end on account of sickness.
The Court took occasion here to remark that
/ appeared that about half the married ladies
n the State were sick.