Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-05-15
LOCAL AFFAIRS.

Jail Delivery, met At New Castle, on Monday
narning, at l01 o'clock Chief Justice Gipin
aud Associate Judges Houston aud Wootten
present.
The Grand and Petit Jurors were called and
to their names. The charge TO the
hand Jury was delivered by Judge wootten.-
The following cases were then disposed of:
State rs James Montgomery. There being no
witnesses on behalf the State, the Court directed
that the case be continued
State rs John Griffith, far refusing to receive
tax Noiie prosfqW entered.
State rs. Vim. Preston.
Tho following Jury was drawn Henry @.
Burton, James c. Wilson, Hayes Chandler, Saml.
b ggs, WIN. T. Blackwell, Geo klair, John Lew
deu, ueo $. Tenpleman, Benz, +. Pennington,
James Armstrong, James MeGilligan, Cantwell
Clark.
Attorney General Wootten opened the case, by
staing that this was an ildictnent found at the
November term, 1862, for refusing To receive the
vote OF Peter O'Neal, at the Fourth ward polls in
Wilmington.
&. NJ Almond sworn.-Mr. O'Ncal offered to
vnte, aud showed u receipt signed by VIM j.
Gallagher, who was collector in 1860, and MIR.
Preston refused to receive the ballot from him.
rho ether Judges were Mr. Carlisle aud Mr..
Wat,On. Mr. Carlisle agreed with Mr. Preston,
and no believed that Mr., Watson took the q ound
that the vote should DO received. as tie tax
hal been paid within the two years. lie could
not swear positively that the receipt shown him
was the same one offered by MIR. o Neal
james NJ. Watson sworn-l was one Of the
Judges OF the first precinct of the Fourth Ward.
Early in the day Peter ONeal presented himself
Mt the polls, and offered receipt for tax of 1859,
dated TN the day OF the Presidential election -
The witness suggested that O'Neal shonll con-
suit some legal gentleman in rcgar to his right
10. "A urf
O'Neal returned, with written paper calling at
ientiOn To the provision in the Constitution in
regard 10 voters, aud after examining said pro
vision, he (witness) decided that tho vote should
be received, but MIR. Preston dtclinel to take it,
persons outside oljeetng to II. lilo believed that
the tax receipt before him was the same M that
offered by O'Neal.
MIR, Wooilen, the Attorney General asked that
the receipt should go in evidence to the Jury, but
MIR. Huntington counsel for defendant obi cling,
the Court ruled that it hal not been proved that
the receipt was tiyen by Mr. Gallagher and
cons, quently il could not DO submitted in evil
denoc
$. NJ. Harrington, Jr., Ed, siatcd the
ground Of defence and called the following wit
ness;
Stewart Carlisle sworn,--The reas II Of the
r'js t0n of the vote Of Peter O'Nell was that
the tax was for 1869, and that O'Neal still
owed the County two years tax The Judges
agreed unanimously that the vote should moi he
taken.
Wilmer Banner sworn.-Messrs Carlisle and
Watson decided that the vote should not he
taken before Mr. Preston nude any decision,
Mr. u arlington made an argument setting forth
the ground on which ho should claim verdict
Of noquitial
Chief Justice Gilpin charged the Jury lie
said in proceeding of this kind it was neees-
snry to prove that the person offering to vote
was legally qualified; that he had resided with
in the State year; that he resided in the dis
trci that he was q white man If over twenty
two years OF age that he hal paid Tux assessed
AT lrast six months before the election that the
receipt was genuine one; and that the vote
/ was rejected from malicious motives. The
Judge OF an election was quasi judicial officer,
and is not to be hell us criminal for an error
of judgment any M re than judge or mags.
trale. II he refuses a vote which afterwards
turns out tn be valid, he cannot be held guilty
If having any offence unless it can be shown he
was influenced by malicious motives The pro.
secuilon having failed to prove that O'Neal was
a quah voter, us well US the other points ne
cesSary to sustain the charge, it is the duty OF
tho Jury to render verdict Of noquittal. The
Jury accordingly rendered u verdict of MOI
guilty" without leaving the box.
Nothing Of general importance was done al
the afternoon session. On Tuesday morning. on
the application of Mr.. Spruanco the Court nm.
pointed Messrs. Patterson, Gordon and Bayard
u committee TO examine George Gray, who has
been studying law for the past three years.
The Attorney General entered u noiLe pyosequ
in the case Of Morgan and Swceny WHO we're
charged with breaking into the store of Zbo
Ferris Il Son, corner Of Fourth and Market
streets.
Mr.. Bayard read a petition of Richard France
setting forth that the said France was utterly in
solvent, and asking to be discharged from impri-
sonment in the jsil of New Castle County. Au act
passed at tue recent session of the Legislature,
giuing him permission TO avail himself of the
benefit of the insolveut laws, was read Satur-
day was fixed for hearing of the matter.
The recognizance of Edward Dar.h was for
feited, as he was not present when called
llyland Sanders, Il. n.y. was arraigned for
stealing gun of James Pennington, Of Appo-
quiDimink Ill. lie plead not guilty, and in the
absence of Witnesses, be was Ienlanded to the
custody Of the Sheriff.
Patrick Mcbride, little boy Of thirteen years
OF age, was arrGigHed for stealing coppcr ket-
tic belonging TO Joseph Martin, in the eitv of
Wilmington, valued Mt $40,
The lad was found guilty and recommended to
the mercy of the Court.
The Chief Justice sentenced him to nav MS
restitution money to Joseph Martin SO, the
cost Of prosecution. and on Saturday tho o3I
inst, be whipped with IL lashes, and be i'm
prlsoned six months, aud for six mouths after
his discharge wear II convict's jacket AS an
outer garment, MS badge of tho crime com
mitteI lie was reminded to the custody of the
Sheriff until the sentence should be comnlied
with.
Mr.. Sprnance nd petition of Sarah Shear
er, whose husband is in the army aud who has
neglected to contribute TO her support for the
past ten months, setting forth that she may he
forced to the almshonse, in which case she asks
for rule of the Court, to compel W. j. Sheater
her fther-in law (whO is worth four or five
thousand dollars,) to pay for their support.
The Court granted rule for the said Shenrer TO
show cause why the order should not DO made,
making it returnable on Saturday.
BISHOP LEES APPOINTMENTS.
Sunday, May ~, Seaford,
10 do " Christ church, D. Creek.
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