Smyrna times., 1867-10-30
Court Proceedings.
DOVER, Del, Oct Goth, 1Sf

! DON Elk, DEL, Oct 29th, 1867.
The regular Fall session of the Suner;or
| Court OF the State of Delaware, in and for Kent
| County, commenced here yesterday afternoon
ana upon the opening Of the Court it imme,
ulately proceeded to business with Chief Jus-
LEe Lce ,Ullpln and associate Judges Wooten and
Wales on the bench.
;. The usual charge to the Grand jury was de-
llvered by the Chief Justice, after which that
DOdy retired to their chambers to consider the
INDUCEMENTS brought against various persons
when are prosecuted on the part of the State
Inc hrst case which came up for trial was
tnat OF the State as. Moses Rash, who was
charged with an assault and battery upon Sam
uel Derry (n). Derry was the main prosecut-
ing witness, and on his taking the stand. Hon
Jos L. Comegys, the counsel for the defend.
ant arose and objected to the admission of his
testimony, on the ground that any acts nassod
Dy Congress which in any wise conficted with
the internal affairs of the States were snerins
Vi uh"arranted usurpatlons of power, and not
guaranteed to Congress by the Constitution =
Chet Justice Gilpin, in indecidng the point rails
ed by Mr.: COmegys, said that as the law stood
10 TINS State colored persons who alone. in
the absence OF white witnesses, saw an unlawful
act committed could testify in ourcourts, and even
where IhG main prosecuting witness was a negro
ne was allowed to give his testimony: but wbile
ne believed it would be to the interest," ofthe nco.
pie OF this State, both white and colored that onr
state law IN regard to the admission of testi
mony should be changed so as to allow them
In thlS respect to appear in Court equally with
the whites, yet he seriously doubted the power
OF Congress to pass laws which will conflict with
the already established laws of the State. This
decision Is one OF interest, for if it be acknow-
ledged' as Constitutional La,c, all simple enact
lnehts such as the Civil Rights Bill, unless
they atfnrmar1c ho
Amendments, are thus rendered null and void
Ills decision was cOncurred in by Judge Woot.
en-, but Judge Wales differed from the rest ot
the Court, and held that Congress had deera-
TED to 1t by the constitution such n 1av
i ne prosecutors testimony was admitted and
the jury found Rash to be guilty. The Court
sentenced Sc him to pay fine of 81 and costs
II ne second case was the State as. Jonathan
Williams, charged with cutting timber ON the
iahds OF Elizabeth Lambdin. The accused was
10ullu R guilty but has not yet been sentenced.
G6raper Tor State and Ridgely for defendant
0Cate u.s. John Spencer, (n.) charged with lar
cen GGe3ny OF horse, was next tried, but acquitted
Inc other and last case tried to-day was that
OF the State as. Stephen White, for nlucking
,nl Indlan corn from the field of Stephen Minner |
he Jury Is now considering it, but have not
yet returned with verdict Draper prosecu- |
TED Tor State and Massey defended the accused |
=, 1he criminal business will scarcely be got
through with tomorrow. Several cases from
your immediate vicinity have yet to be tried,
and among. them are those of the negro girl,
formerly living with Mr.. Collins, near Leipsic,
who is charged with arson, in burning the barn
which it is supposed caused the lynchng in
the case OF the negro, which you remember
took place some months since. The grand iurv
have that case of lynching in hand, and Attor-
ney General Moore is determined to spare no
trouble to ferret out and bring to Justice the
perpetrators of that most wanton outrage
The case of Joseph Hugg, for keeping dis
orderly house will come up tomorrow, as will
llso9 that of j. w. Thomas, for selling LIQUOR
Without license. 1N'-