Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-05-16
Proceedings Of Court.

Court met Wednesday May 9Th at 10 o'clock,
Chief Justice Gilpin and Associates Houston and
Wooten In the chair
State rs. Israel jefferson and Joshua Emsley, |
(colored), charged with breaking into an cut |
house of Geo. f. Brady In February last and
stealing 16 fowls, in Red Lion Hundred. No de-
fence. Defendants having admitted the charge to
Justice Wood and Constable Patterson, the jury
without retiring from the box. returned verdict
of guilty. (Judge Gilpin iacetiotsy remarked that
he could sympathize with Mr.. Baady for some
rascal stole just 16 hams from him short time
ago). Jefferson and Emsley were each sentenced
to 1872 restitution to pay the costs, to stand in the
pillorv one hour, to be whipped with 20 lashes,
and to be imprisoned one year.
State rs. Joseph Tully, having plead guilty to
the larceny of an overcoat and other property of
Alfred d. Poole was sentenced to pay 1872 restitu-
tion to pay the costs, to be whipped with CLASH
es, to be imprisoned months, and to wear con-
yicts jacket for months after his discharge from
prison.
A nolle prosequi was entered in several cases
against Peter Wilson for selling liquor without
license; Wilson paying the costs.
VIM. Fowler, not being deemed compos mentis
by the Judge was discharged from custody. He
had been arrested for the larceny OF some clothing
from Charles Rumford.
Court adjourned to O'Clock p. M.
AFTERNOON SESSION.
Court met at 8 o'clock P. NJ.
State rs Charlotte /. Tilison, indicted for en-
ticing Anna A. Tillison bound girl to leave her
master. Defendant plead guilty to the charge,
saying that Anna A. Tillison was her daughter
and was badly treated by Isaac Holston her mas
ter. Sentenced to paya fine of 800 and costs,
and to be imprisoned . months.
VIM. Mckinley charged with selling liquor
without license being called and he not answering
the bond OF VIM Baxter was declared forfeited.
Michael McGraw and Charles Willis charged
with larceny not answering to their names, the
bonds of B. T. Perkins, Chas. s. Welde and VIM.
Graves were declared forfeited.
| nolle prosequi was entered in several cases
against james Sweeney for selling malt liquors
without license, there being no proof TO sustain
the charge.
The name of Bernard Feeney, charged with
committing an assault and battery on Moses Rash,
being called, and he not answering, the bond OF
Henry Witsil was declared forfeited.
State rs. John Til, arragncd for the murder OF
William H.rill, by shooting him with shot gun.
Plead not guilty, the prisoner was rcmandcd into
custody for trial on Monday, the goth of May,and
the witnesses discharged until that date.
Charles Davis and Charles w. L, Butcher
were arraigned for breaking into the store Of
Scattcrgood Allen, on the 9th of December last
Davis plead guilty and CHARTS w. l.. Butcher
plead not guilty. Davis was rcmanded for sen
tence and Butcher for trial.
Richard Cary charged with assault and battery
not answering to his name, the bond OF Thoma;
D. Gibson was declared forfeited.
There being no witnesses present to testify
against Thomas McAtecr for the larceny of 0
blanket, he was discharged from custody.
The witnesses in the case Of Benjamin Marion
and wife for maltreatng bound girl, in Apo
quininlink Hundred, were discharged until Frda,
the 18th Of May.
Court then adjourned until 10 A. NJ, on Thurs
day morning.
THURSDAY MORNING, May 9TH 10, A. NJ.
The civil list as announced by Justice Gilpin a
the commencement of the Court was taken VI
and called over, and large number reported "a
settled and others marked for trial.
The list was then commenced in regular order
when il was aseertanrd that there were not sui.
fcient witnesses present to go on with any case
The respective attorneys plead for II postpone
ment of their cases until they had time to &C
, their witnesses present, but Judge Gilpin was in
eXorablc, and stated that there was only on
course to pursue; the attorneys must order ut
tachments for the Witnesses Otherwise the case
would go ON to trial. He stated that. ut the com
!, mcncenent Of the Court Thursday was fixed a
: the day on which the civil list would be com
menecd, and that he would allow nothing TO in
terierc with the trial of civil cases until the lis
: was exhausted. He stated that til; complaints o
the bar had become so frequent against the Cuur
for its tardiness and for allowing every little in
significant case of petty larceny, or violation 0
the license laws to interfere with the trial Of ciyi
on the Court Therefore TO accommodate al
parties interested in business before the court
this day was specially set apart for the com
menctmcnt of the trial of civil cases, and tinlcl
| notice given to have the witnesses present. an,
that the present lack in the business of the Cour
was not attributable to any lack Of energy q
:, want Of sufficient notice the part Of the Court
He informed the members Of the bar that If the
wished their cases TO be disposed of properly the
must issue writs Of attachment for absent vii
:. nesses, who must be brought before the Cour
and III the absence of proper excuse the utlnoi
rgor of the law would be imposed upon then
:, 1t was too much the case that witnesses trcate
: the writs Of the Court with indifference and Al
= pcarcd when it suited their convenience. Ii
wished witnesses to understand that when the
were subpoenaed to attend Court on ii certa
II day it was their duty 10 be there unless Provide
TALLY detained
There being no other alternative LEFT, u lar!
:" number Of attachments were issued for absc
witnesses.
The Court Of Caneery and the Orp.imis' Col
y was adjourned until Monday, the 10th day of Ju
VI next. ut 10 O'clock, A. NJ. Court adjourned to
~ O'Clock p NJ.
10 ArrnESoos SESSION.
Court convened nj 3 O'clock still no Gu.
he ready for trial. Witnesses had not vet arrive
the calling Of the trial list was continued vii
Ice case No. 81 was called. Smiley King Is. Da,
ad W. Gcmmill, Spruancc for plaintiff Rodney
defendant. Judgment was announced in ia,
the of the plaintiff for $500 with three months ST
led of execution.
The list having been gone over as far az c
'rs. 40, Judge Gilpin then stated that he would q
s. slider the list in gross, and asked: g Is any c
I'M ready for trial ~ No one responding the .Ju,
directed the Crier TO discharge the general in
100, but before it was done. Charles b. Lore ESQ.,
ell ported case ready Tor trial. This appeared
'sar be a relief to every body, and case No. Al
i. taken up and a jury called.
site George w. Ennis rs. Gideon +. Barlow. Act
los. on book account; G.B. & jill. Rodney for III;
tiff and c. b. Lore for defendant. Jury out.
too Case 81, John b. Kern IS. II. & W. NJ Pet
on Nicds for Plaintiff, Harrington for defends
was Judgment in favor of plaintiff for 1l00 and CO
Sheriff Herbert announced large number
the witnesses taken and brought on attachments,
ana wanted to know what to do with them. W
the following dialogue cnsued:
reel Judge-The Sheriff is responsible for them.
ring Sheriif-The jail ID not large enough to
them.
to Judge--Ilire house, and keep them in it,
near Deputy States Attorney Higgins informed