Delaware inquirer. (Wilmington, Del.) 1859-18??, 1859-11-26
PROCEEDINGS OF COURT.

morning AT III o'clock by the Cricr by tn
usual proclamation.
The Clerk then called over the list of name
of the Magistrates of the county, and those alst
of the Constables.
The Court here took occasion to express thei
regret that the magistrates of the county failed
to appear as their duty required, on the frs
day of the court, and hereafter some means
must be found to compel their attendance also
that magistrates and constables appearing or
the first day of the term should be allowed one
days fees.
The Clerk then called over the names Of the
Grand Jury, who, answering, were sworn.
The CHIEF Justice said to the Grand Jury that
it was not usual at the Fall Term to deliver a
charge to them.
The names of the Petit Jury were called by
the Clerk; all answered except Samuel Brady,
who was excused on account of sickness
Apetiton of the aockland Mandatory COM
pany was presented to the Court by their At
torney, VictorduPont, asking for a rule of court
to appoint freeholders to assess the damages to
lands by raising the mill dam of The company;
and, also to say how high such dam shall be
raised
| The first case called was that of
State vs. Bridget McKivliu, for keeping dis
orderly house. The defendant not appearing
when called, the court ordered the bail bond to
be forfeited in this case, which was done The
witnesses not being onhand the Attorney Gem
efal ordered attachments to be issued to bring
them into court.
| Mr.. Bates made motion that Joshua Simms
and William d. Dorr and Mr.. Gordon also made
a motion that Samuel G. Logan be admitted to
the Bar as Attorneys at Law. The court there
| upon appointed a committee to examine these
gentlemen as TO their qualifications
| The next case called was State Us. Richard
Bayard, for cutting and carrying away trees
This defendant, negro man, was captain of a
sloop, and it was alleged that he went on the
land of VIM. r. IIiesler, and cut down twenty
five trees, on the banks of the Christiana creek.
These trees were willows planted by Heislcr to
protect his land, and the defendant cut them
down, as he says, because they obstructcd the
h'NlHhtloh Vi the strchm' rug 'uuSo ~ ms
charge TO the jury stated that vessel must be
kept in the slough of the creek that watermen
had not the right to come on shore and cut
down or mutilate trees upon the property OF
others without the owners permission and that
chc only question now before the jury was, did
Bayard cut lhc trees? il he did, he was guilty
OF misdemeanor. The jury having some
doubts whether he was the person who com
mittcd the offence, gave the prisonerthe benefit
Of thesc doubts and rendered a verdict of not
gully. Causey for State. Gordon for defence.
in the case Of VIM. Mcgee rs. James Bryan,
on motion andby consent of counsel leave was
granted 10 amend the pcldings and to continue
The case ill next term OF court.
Mir. ddPont, as one OF the examining COM
mituce on behalf of VIM. D. Dorr and Mr.Bates,
on behalf of Samuel G. Logan reported iavora-
bly, as TO their qualification, and these gentle
men were, on taking the oath of Office, admitted
as Attorneys
The case of Bridget McKivlin before men
toned us being called up, and Bridget being in
court, the case wasproceededwith. Theeyidence
wentto show That Bridgethad been selling li9Hth
without licenscin Wilmington; that she had been
arrested and taken before Squire Buzine where
she was convicted, but took an appeal from me
magistrates decision to the Court OF New CAS-
tie. The first witness called in this case, John
Montgomery, on the part OF the State, was very
uncertain as regarded almost every matter that
be was asked about. lie could not recollcct
when he had drank any liquor at Bridgets
house. Head drank there; some OF the liquor
he had paid for, and some he had never paid
for in fact he had drank liquor all about inso
many places that he could not recollect any
thing about it, Margaret Ward was also called
up to testify, but she knew but little about il.
After she was dismissed from the witness box,
and while walking across the courthouse,
Margaret remarked that "they were not going
to get her to swear against grog, she liked it
too well for that" Verdict-not guilty Causey
Tor the State. No counsel for the defendant.
The next case called was that of State Us.
Robert Scott, an appeal from the judgment oi
Justice of the Peace for Bastardy. The pros
ecutors not appearing, the case was proceedea
with and verdict of not guilty rendered by
instruction of the Attorney General.
Andrew Dever who had been tried IN iour
| cases before magistrate in Wilmington, and
Judgment rendered against him, appealed in
each case 10 the court of New Castle. Allfour
of the cases were tried at one time Owing to
l 4 tct