Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-11-07
KENT COUNTY COURT.

lot guilty.
State rs wm II. johnson, (colorcd,) charged |
with assault and battery with intent to kill sam
lel Ellsbury (colored, jury returned verdict OF
guilty of assault and battery, but with no intent
10 kill
Court look n recess until 0 o'clock, p. m.
Afternoon session. o'clock, Court Of Errors
aud Appeals met. Chancellor Bates. and Judges
Gilpin, Wootten, Houston and Wales on the
bench.
The will of David Black Of Cedar Greek Hum
dred, Sussex county, being brought before Cham
cplloi Bates was affirmed in all It's disputed points.
The case of G. II. B. Day, Collector of Internal
Revenue, against the surctics of james +. Glenn
eats. Deputy Collector for the fourth collection
districts composed of the hundreds of Murderkill,
Milford aud Mispiion in Kent county.
james +. Clements had been appointed Deputy
Collector of the Aforesaid district by @. Ii. l3.
Day and entered into Judgment bond for the
faithful performance of his duty with Thos Pick
ering, james Green, Joshua r. Clements William
Smith and Daniel L. Mcbride as sureties
EARLY in 1865 Mr.. Clements was discovered
to be In default for nearly ?12.0 600. Mr. Day re-
moved him from Office in July 1865. and entered
his bond mp against the sureties. Thomas Pick
tring one Of the suretics then filed bill in the
Court of Chancery, restraining the execution Of Of
the Judgment. Answers were filed to the the bill
by Day at the September term, 1866. The case
was argued in February, 1867, before Edward
bury and J. r. Comegys, Esqrs., for the suretics,
and N. b. Smithers, Esq, for Mr.. Day, the argu-
mcnts occupying five days.
The Chancellor after careful review of the ar
guments removed the injunction and decreed in
favor of Mr.. Day. Frcm this decision the sure
ties appealed to tho Court Of Errors and Appeals,
sitting in juno, 1867. The case was argued before
Chief Justice Gilpin and Associates Wootten
Houston and Walks.
The decision was reserved until the October
term, and to-day Chief Justice Gipin delivered
n lengthy decision of the Court affirming the pre-
yous decision of the Chancellor, in favor of Day.
Jonathan Williams, convicted of cutting timber
on the farm of Elizabeth Lamden, was sentenced
to pay fine OF $50, with costs ofsuit.
Philip White, (colorcd,) found guilty OF taking
green corn from the field of Stephen Minner, was
sentenced to pny n fine Of $50, with costs.
Wnl. ii. johnson, (,s ored,) convicted of an
assault and battery on muel Ellsbury was sem
fenced to pay fine of $780, with costs OF suit and
to be imprisoned months.
State rs. VIM. Smith, for breaking into the
store of Sharp & Quillan, at Vernon, in Mispllli-
on Hundred, and stealing quantity of clothing
and money, plead guilty. Sentenced to pay
| the pilory one hour, to be whipped with twenty
lashcs, and imprisoned one year
| State rs. VIM. Miller, selling liquor on Sunday.
Verdict guilty. Sentenced to pay fine OF $50
and costs.
Court adjourned to 10 O'Clock, Thursday morn
ing.
| The Court convened vt 101a o'clock,A NJ, and
went over the list of civil cases and marked
/ those not settled, for trial. This occupying all
the forenoon session, the Court took recess ur-
| ill 8 o'clock.
AFTERNOON SESSION.
In the case of State vs.. Wm. Hamilton, (col'
charged with the larceny of lot Of chickens, ,th,
property of Harvey ID. Learned; Draper for th'
State, Watson for defence. Owing to neglect o
the State to prove the value OF the property stolel
they charged the jury to return Q verdict OF no
l ,.,,;if.,, irt rppf The fOurI dis
charged the prisoner and told him to go whcr'
he pleased but not to so to his neighhor's her
roost again.
State VS.. Jacob Levy; charged with assault ans
ty. Draper for State, Fulton for Defence. Yer
diet guilty. Sentenced TO pay fncof $50, AM
costs.
State rs. John Iiaiues, charged with the buying
receiving and concealing lot OF bacon, the pro
perty OF James w. Abbott, Of Milford, KNOWN
the same to have been stolea. Verdict guilty
Sentenced to pay S25 restitution and costs, to b
whipped with 20 lashes, to be imprisoned mos
and to wear n convcts jacket months.
State Us. Elias Purncll, (colored,) arraigncd TO
the larceny of a lot of jcwelry, tho property :
Augusta G. Moore, of Milford, plead guilty to tn
charge. Sen,e to pay $3.50 restitution, an
costs, TO be whipped with 20 lashes, imprisoned
months, and to wear convcts Jacket 9 mos.
Court adjourned
Dover, November /.
The confederation of an appeal case from aJus
tces Docket in which John Taylor was plaintiff
and WIN. Collins was defendant, for money RI
criycd in buying substitutes during the war, ot
cupicd the court the greater part ot the mornin
session. Ell salisbury for plaintiff, Massey 70
/ defendant. Tic jury after being out six houi
brought in verdict for plaintiff for the amoui
claimed, 5ii., with interest and costs added.
state Is. John Dugan, charged with the larcen
uf pocket book aud about s25 in money, Oh
property Of John IL. Simpson, Of Smyrn Vc
diet guilty. Sentenced TO pay 80 restitution
aid costs, 10 be Imprisoned 9 months, TO have
lashes, and to wear u conyict's jacket months.
state rs. George 7. Morris, charged with a brl
tai assault upon little girl, niece oil the deIen'
ant, nalnld Sarah \. Morris.
D Hester A. Walker, swoin.-In June this litt
/ gill ca,nc TO my house crying aud sail she W,
whipped; examined her and found her bod
covered with glshcs the water and blood we
9 ouzing from the wounds; could lay my fing
! in the gashes. Morris soon came along auntii
i ior the little girl. asked him IL he had whippl
a her; lie said he had and would give her twi' WI
{ us much more; never saw Morris strike he
$ live about half ii mile from defendants hou,'
p do not like lin very well, but had nothing pa
tcular against him.
! Benjamin T. Fleming, sworn: Am a Justice
y the Peace Mr.. Wulker brought the child to II
d Office ] saw gashes all over her, she was terrlb
: beat made known the case To Robert Raug
. ley, one OF tie Grand Jurylncn OF Kent Count
e and lie ordered warrant for the arrest of Mo
d lis, lie was arrested and brought before mt
llock and was easily marked; she was msSt Il
mercilully beaten ; llic Directors OF the Poor b
o her bound to my wife; she Is now in my famil
d The little girls parents are dcad Morris Is II
a uncle.
"a James I. Jarrcl sworn.--I arrested Morri
y, he said the girl was very bad, and that he HI
,e whipped her.
Chares Walker, swurn.-Wus at work ut j,
u Booths; this little child came over to me wht
u | was at work, and showed ler sores size
1- whipped al over; she came crying and said i
!, uncle George had whipped her; bloody wat
~ was running from her wounds took her
y Mr. Woods, n Trustee Of the Poor; he gave l
s. an order to take ler to the Aims House; TO
,s her TO Esquire Flcniing's, and left her there.
Joseph Buuh, sworn.-Saw the child she "
X badly whipped; am not on good terms with {
lie frndant; had trouble with him, but not enou
q to make me say what was not rue.
Samuel Novel;, sworn.-Am son-in-law
Mr.. Booth saw the child when Mr.. Wnll
!. brought 1t To where was; she was thickly CT
cred with welt and gashes; bad feeling |
nd existed between me and Morris, he sued me a
!, Mr.. Booth for n breach Of the peace.
n, Mr.. Draper closed the case for the State, q
nd Mr. Watson opened for the defence.
ed John Jacobs, sworn.--Am school teacht
on the girl came to my school never had suel
" bad girl in school told Mr.. Morris to take
as away from school; she would take things Il
en- were not hers she would not tell the truth kn
ID Mr.. Walker; his reputation for vcracity Is
II good.
Caleb Elicit, swofn.-know Inc lltiic Slrl
re. often at Morris house saw him one time vi
or her with little switch about u foot long; VIII
~ ped her for going to walkers did not whip
out of reason. Mr. NOVEL; scwed corn in
be of Mr.. Bootli's Morris chickens eat the co
of and soon after died; ain brolicr-iu-law OF NJ
of iis.
on Mr. Draper for the State, said the assault ;
battery was OF such an aggravated character
nd little need be said.
iat Mr. Watson, for the defence, said the assa
ry and battery nd not been clearly proven; no
M saw the defendant strike the child MIR. Mo
it, had done 10 more than his duty; the witnes
nd had an animosity against the defendant; til
ty. was trouble between them; Mr. Watson hand
cs, the case with considerable ingenuity and aa
The an acqulttal.
!" Mr.. Draper, in an eloquent and feeling man
led made the closing argument. He said that Inst
pie Of the defendant coming into Court and try
ut to Justify such an aggravated assault and bati
in he should have thrown himself upon the mt
= OF the Court. No provocatiou could justify
pit defendant In laccrating, beating and nang
cd. the body of that little child, n helpless orpl
his own brothers. flesh aud blood. Mr.. Dra
proceeded ut some length to review the arg,in
of Of the defence, and closed by askiSg verdict
the State
on Judge Giipin charged the Jury, and said it
ily brutal case Of assault and battery, and il |