Delaware Republican. (Wilmington, Del.) 1843-1874, 1866-09-20


eker last Monday afternoon, to reduce the aaii
Of $40 900 which was demanded from him for
an offence alleged to have been committed
agsiust William Herbert the Locofoco candi-
date for Sheriff of New Castle County.
Thomas +. Bayard, Esq, opened the case by
reading the affidavit of William Herbert, made
before Richard g. Cooper Prothouotary, which
set forth that George Nebeker had declared
that he intended to defeat Bill Herbert, because
he was forger and he could prove it by the
officers of the Bank. He further bet $40 with
David Lemon that he could do so. 1t was al
lodged that the tendency OF such allegations
was to injure the Observation-Disclosures ana
business. TIE document like all legal ones
was long and wordy, but the above contains
the gist of it.
George @. Gordon, Esq, appeared as the
counsel OF Mr.. Nebeker. He remarked that he
would ask the Dismissal Of the case, or a. least
n reduction OF the amount Of bail demanded.
He therefore asked tor the hearing of the testi-
mony in order to enable the Jnlg, to decide
the matter Understandings.
Mr.. Bayard objected to hearing evidence as
that would be equivalent to trying the case IN
advance.
Mr.. Gordon argued the matter at soms
length.
Judge Wales said he could not hear the tea
tmony as that would be trying the Gaze in ad-
vance The facts must be LETT for jury.
rumor he said could not be plead 10 jnstiiica
ton OF SANDER, although it might go before
the jury in mitigation OF damages.
Mr.. Gordon asked what there was on the
face of the affidavit to justify the holding Of
tile defaudent to bail2 He read authorities TO
prove the positions he had taken. He saii 1t
would not do to arrest a man and imprison him
on the affidavit of any one who imagined that he
had sustained spme unde fined damage. Ii
that course was adopted any seeker after olhce
-any beggar of y0tes-could stop any mans
mouth iu the proper scrutiny OF h's character
by alleging that he thereby sustained damage
and thus the freedom of discussion, which WAS
guaranteed by the Constitution. would be
abridged. He thought the disposition to pre-
vent discussion by arrest and holding to bail,
should be checked The defendant came pre-
pared to meet the case, to prove by competent
witnesses the allegation was well founded ,
and he regretted that the Judge had determined
not to hear him. He therefore asked thai he
tefendeut should be discharged on common
bail.
Mr.. Bayard argued the lsufiiciency of the
affidavit. He contenaed that candidates for
office should not have their characters scrut-
n.zed, and rumors repeated to their datriment.
The statement in regard TO his client was most
wicked and slandsrous, and it would be deter
mine by the court at the proper time,
MIR. Gordon repeated that when man vol
untarily places himself before the people he
invites discussion. He read extracts to show
tn at the fair discussion of the character OF
candidates for public offices, was deemed es-
| sentisl to the preservation of the rights of the
community, after which he asked that his eli
ent should be held 10 common bail
The Judge reserved his decision until Tues
day morning at ten O'Clock, when lie decided
| TO reduce the bail to $4,000
Mr.. Nebeker could as well have given $40, 900
bail as $4,000. but his application was made
| for reduction OF the bail under the impress ior
that he would be permitted 10 have witnesse!
examined who could establish the truth OF his
assertion. The officers of the Bank at New
Castle were present, but as they were not per
mitted to testify, he was ioiled in his purpoae
| He expected to prove that note WAS discount
| ed at said bank same time ago, and suspicion
was excited in reference TO the endorsement
| thereou-that Moses LambsOu declared tina
| he had not endorsed q. ID note, that n new rot
was given on condition that prosecution ahoul
not be instituted, that the note with the qnes
tiouable endorsement was left in the Bank
that application was recently made for it, bu
the officers declined to give it up, and it 10 il
the hands of one OF them at the present tint
Such mistakes are very awkward aud wAei
made and detected are liable to pro luce
great deal OF trouble.
Police Cases.--The following cases wei
tried before Alderman Vincent:
The case of Vincent Ahart, ter shooting A
fred caches, bitches was the name g'v"n
our last y received fur her bearing, when
appeared that the pistol was not loaded wit
ball, but with pebbles. Jacob Bekley and Ma
garet Aha"t, near witnesses were examine
from whose evidence it appeared that Aha
had been tune and again annoyed by youu
men creating disorder in his house, and ke
the pistol for his defence. That many onfr'
ges were committed upon him in sport bee ~
he was to use their language ga Datchman
and unable from defective English to nal
him understood. On this occasion SOME your
men in sport had commenced disorder in h
house, which ended in fight and assault {
him, when hs fired the shot, and wound'
caches in the head. as stated III our last
He was bound over to answer the charge
Court in the sum OF 5000.
John R Marshall, arrested hv Cficer Crothel
for disorder In the house OF VIM Ahart.
> This was the young man mentioned IN unr la
that set the cats fghing. Fined 10 cents a
COSTS.
Alfred Caches, the young man shot, me
toned above. Arrested by officer Crothe
assault aad battery on Vincent Ahart. bou
. over In the sum of 5000 to answer the char
! at Court.
Mary Aun Wright, by officer Christy,
vagrancy. This was tho case mentioned
: our last as creating such AN excitem mt in I
d neigh borhood OF Third and Washington stree
v The case has excited intense intere 4 amonl
: the citizens OF that vicinity. From the ties
t mony it appeared that Mary Ann young x
II not more than sixteen, was driven from I
home by her mother, and that tor the space
n three weeks or a mouth, she has been stay
| -. .xl,I 81 knr "a art a mt
a er's 70 ideuce, sleeping in the alley way
n their house at night, exposed to all the incle
A ency OF the weather. She has been taken
20 | the Aims House, but has at different tin
!. broke out, and again went back 10 where
parents reside Her mother drives her aT
by throwing brick bats a, r, and will not
lie low her to come within her doors. Al ditfer
y times in the night, bad men have att mpted
re persuade and drag her away, and tho no
4, they occasioned greatly disturbed the neishb
Id hood. But she always resisted them HEd
ut manned around what had heretofore been
in home. When asked by the Alderman, wnetl
Sc she would not like place, she said mo
Ill wanted to go home with her brothers
sisters-her father wanted her, but her mot
would not allow her to enter the house.
-. there was no other course left aud no law
y the Alderman to act in any other wayihe cC
n mitted her to New Castle los sixty days Il
he yaRrant.
ri. Police Cases.-The following cases have h
:, disposed of by Mayor Valentine since our |
n Mary Kelly, by officer Christy, for retain
IT. feather bed, the property OF Tobias Joyce
Sentenced to pay costa and return the be-
the owner.
y, Isaac Galloway aud James acMauus, by
by ficer5 Christy and Pierson, Tor assault and
of terry on Jesse Ferret, aud drunkenness +
ng $3.50
$50 Charles Willis. by officer Jpues, Tor b
RS drunk aud disorderly. Fined fifty cents
ID. costs.
ho Isaac Boyer, by officer Crothers, for dfu
to Einad hO ssnta and