The day book. [volume] (Norfolk, Va.) 1857-1867, 1866-04-26

Gosros TROY eo5srss5ttst at -l8 -5clock tits
| morning.
rrsssa,: Recorder Sykes. Todd, Stone, Kelvin
and Crowell. = :
Q. otrieug qualified as administrator upon the
estate OF Mrs. Diary j. Payne, deceased.
| The case of the Commonwealth VS.. Wm. Sale,
colored, charged with the murder OF K. u.
W hitehurst, on the 18th instant, was called, and
rules issued against George Washington, coIored
boy, witness for the Commonwealth, who was
absent, upon being called.
George kead aud George Washington colored
buys, were ruled out as Incompetent 10 the lau-
guage of Justice Sykes. Read did not know
| whether God made them or PUntius Plate"
| Abe Commonwealth Attorney argued that It
was tbs duty OF the Court 10 instruct tho wit
neases as to rObligaton. Justice Sl ikea Stat
I'd that the Court was not theologi4Is. George
! Washington, when asked By MI. Buttz what
would becoue OF him 1t he told a lie, b., lthe
witness, emphatically answered che would 20
70 Judgment, and subsequently, stated that he
would oe punished. -'H
The witnesses for the Commonwealth. who
were examined, knew nothing ab.ut sales, aud
did not iden lily him at all.
VIM. Tuc<er, u private in Co. F, 18th g. S.
Infantry, stated that he recos nized Sales as
man who rode grey horse, aud shot Il. B.
Wh'tehurst.. This witness was excesaingly OBJ
| stinate, and positively r fused to answer any
| further questions peopounded to him by the coun-
| Gil for the defence. =, -
1he evidence Tor the defence proved that Sales
did not leave the house, and was NOT on horse
| back that day. ~--.-4-.5---e.-..
North Carolina negro, evidently being O.
know nothing, was excluded from giving testimo-
| ny on behalf Of the defence, for it was apparel
be did not know the value of an oath.
Palsy Davis was int.oouced-all she knew was
tue urst man who shot was q white mau, he was
lying on the ground in front or W hitehursrs
door, and she stood ON Church street, she 'oould
not see bis taco, but knew hs was white man
by the back Of bis hand." George Holland one
before tia Aayor, that the tracas c,mmenced
near the ditch, half way between Whitshursts'
house; and the stand, by one clored man shoot
ing at another With bank cartridge, this is CO..
rooorated by Capps, Guy and Jonss. IL ~ owl.
dsut that Patsy Davis was confused.
/ 1he lass was submitted WITHOUT argumen- and
the accused was discharged. Abe court " joa,
asd uAtu O'CLOCK.
IAYaA's r-vNorfolk, Thomas c. Tabb,
Presding. t@a fEs t24tei - > =
John Dggs, eolored, arrested for firing pistol
in tue strseLs. tined 50.
thamas oOptheru, sailor. a desert from the
Cnitsd stats rigate Macedonia, was arrese by
aLlcer lay OF, aad dc ivered board of his ship
John Simmons applied Tor lodging 1t the watch
hous..
nntaa West, eolored, charged with threatening
to poison Emily Mercer, colored. Postponed. 81
several civil eases were called, but postponed
on account OF the witnesses not being present.
NJ roa's CoUk1--P ocisstosttA, April 70, 1866
Dani>l Collins, Presiding.
IT, W: sutton, srr stsd charged With drunken.
ne . and disorderly conduct; fined $40.
Maryland Haynes, colored, james Callahan and
Johu nchsrmerhorn, whits seamen, arrested for
drunkenness ana disords ~ conduct, Haynes aud
Callahan lined $40 EACH Schermsl horn, being q
dsssrtsr, turned over to the Captain of his ship.
John o'Bren aud John Kelly, seameu, arres,-
ID ior drunkenness aud disorderly conduct; fined
SO each. w1a
Harrison Howard, colo ed, arrested ON com.
plant OF Robert Ferebse, colorsd, charged with
stealing ons pair of pants, valued at $780, com.
nittea tor tri |.
Timothy Eason, charged W th selling uusound
n.h IN violation OF the city ordiuaaes; fned
IS.