Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-12-02
New CASTLE County Courts.
NOVEMBER Term, 1869.
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NOVEMBER Term, 1860
MONDAY,
The eighteen special Jurors summoned TO nj
Tend the Court of Oyer and Termincr wer
discharged until Thursday morning. ut 10 o'cIocl,
and The witnesses in the case Of the State vs.
Joshua Jones and Lewis Carpenter, were dis
charged until the same time.
Inc ease of William Harris, lessee, VS.. William
e. Riley, terre-tenant, was resumed.
Mary Gaddes re-called.-James Spencer is m,
nan brolher; fathers name was Levi heard him
say what nice time they had at the wedding
brought US home some cake Piner Mansfield
married them did not say to James c. Wilson
when l was subpoenacd, that they need not come
1t not to the best of my knowledge.
Susan Gross (colored) knew James and Susnn
spencer us man and wife,
Adalinc Pierce (colored) testified that she was
bridesmaid at the wedding, and that Piner
Jacob Harris (colored) is brother of William
=. Harris and heard his father tell James and
Susan Spencer they might live on the place for
clearing IL up. Knew they were Tarried; his
father gave them wedding supper. They alter
wards lived together as man and wife,
Mr. Higgins offered in evidence deed from
william Is. Harris and Hester Ann Harris. 10
Susanna Harris, dated April 2nd, 1858; also, one
from Charles Toodlc and Mary Ann Toodle, to
william e. Harris, dated September 2ud, 1865.
Mr. Lore opened for defence and stated that he
would prove that no legal marriage ever took
place as represented, that Susan Harris never
went by the name OF Susan Spencer, that she al
ways signed her name as Susan Harris, that she
lived with other men as man and wife the same
as she lived with james Spencer, and that James
Spencer had other wives, as he had Snsan Harris.
Mr.. Lore then offered in evidence deed from
Susan Harris to VIM. b. Harris, dated April 1st,
1853.
Isaac p. Walker affirmed, know William E
Harris, the plaintiff in this suit, did not know
Susannah Harris, she came to my office to sign q
decd, her Identity was proved on oath by Emaline
Pierce, saw VIM. E. Harris at this Court.
asked him L the Alkaline Pierce who testified for
tile plaintiffs, was not tho same women that he
brought 10 my Office to identify Susan Harris,
understood him TO say she was.
James q. Wilson sworn-Live at Townsend,
subpoenacd Mary Gaddes for the defence she
voluntarily said they need not come after her
for witness, for she knew nothing about tho
marriage.
Isaiah Taylor sworn know James Spencer :
knew him for 90 years. were boys together, never
that he and Susan knew were married, knew
to read the will Spencer moved to Wilmington,
l saw him there and asked him why hc had left
Susan, that II he had staid he might have got
some property he said he wanted nothing; that
he was living in Mr.. Halls stable like lighting
cock ; and he had a stable to whitewash he said
he was married now saw him about q year
afterwards in Wilmington he said he was mar
ried again. After Spencer left, Susan lived with
man named Dick Jefferson they got In debt
for store bill Susan sold inc piece OF her
land to raise money she always signed her
name as susan Harris Spencer came down one
tim0 from Wilmington and commenced to cut
hoop-polos on the property stopped him. when
ne said he was married to Susan Hurts at Squire
Webster's by Piner Mansfield Next day went
to Wcbsier's Squire had died the widow said
no such wedding ever took place there went
on to Smyrna to see Piner Mansfield !; he said he
never married them or any other couple at Squire
Websler's; am II years old have had an at
tack of paralysis.
Thomas Carrow produced the marriage record
OF Pincr Mansfield, the marriage of James Speu-
Ger to Susan Harris is not in it.
Henry Davis sworn, was Notary Public
proved deed of isaiah Taylor and wife to VIM. L.
Riley, dated May 25th, 1858; also deed from
Susan Harris to Henry Davis dated Feb. 23d,
1857 also one from Henry Davis 10 William E.
Riley dated May 23d, 1865; also one from Felix
7. Barlow and wife to VIM. E. Riley dated April
LIST. 1867.
Alkaline Pierce also know Emalinc Pierce they
arc different persons; the Emalipc Pierce thai
went to Isaac Z. Walkers is now Emaline Hart
and is not the same person who testified here.
Henrietta Bartlett and Mary Gaddes corrobora
ted the testimony OF Hannah Watson.
Case here closed. Mr.. Higgins In speech o.
an hour and quarter. Mr.. Lore following fol
Defence In speech OF equal length.
MIR. Bird commenced the closing Of the case
and alter speaking half an hour the Court ad
journed until 10 o'clock on Tuesday morning
when Mr. Bird will resume his speech.
TUESDAY.
The argument in the election case of William
Harris VS.. William L. Riley, was resumed by
Mr.. Bird, which together with the charge OF the
Court occupied the time until II d o'clock wher
the case was given 10 the jury, who at ~ O'Clock
returned verdict in favor of the defendant.
The case of Thomas Dixon VS.. John Finnegar
was called. Gray for plaintiff; Wbitelcy for De-
fcndant Suit brought by plaintiff in action c.
| replevin to recover ten months old calf.
| The calf was purchased with cow, by Dixon
| from VIM. ID. Cornog, and left run at large until
| the calf was missing, When found 1t was in pos
session of defendant, and repenned. large
number OF witnesses testified positively that the
| calf belonged to Dixon and identified by certain
marks. An equally large number Of witnesses
just us positively testified that the calf was Fin
negans and Identified IL by the same marks. Yer
| dict in favor of plaintiff.
The bigamy case of the State We. James
| Dougherty was called two juries being out, the
| jury In this case was filed up with talesmen
Bates for State Pennington for defence.
| Bridget Waters, sworn.-ldentilcd the prisoner
sat the wedding on the Sd Of July Rev
Thos. O'Neil performed the ceremony he is O
Catholic Priest am his housekeeper;
| Cross-examined.-Have been 10 years In the
| uNo DuiuJ hNcu Witu NV thoS
O'Neil about year; saw James Dougherly
married to Catherine Rogers saw Doughcrty
about three weeks before the marriage.
| Mary Rogers, sworn-Liyc In Darby; am Q
sister of Catharine Rogers she married James
Doughcrty; the prisoner at the bar Is the man
| he left his wife soon after marriage and went ia
Boston sister died two days after she heard o
Dougherty's second marriage; she died Septem
Der 9TH.
| Rev. Martin Fnllon, sworn-I am Catholic
Priest married James Dougherty to Margare
| Dougherty ut St. Joseph's Church, in New Castl'
county, on the 23d day of August; the prisonc
| at the bar Is the man.
George s. Patched, sworn-Am an undertaken
live in Darby; l buried Catharne Dougherty
formerly Caiharine Rogers, on the Sth Of Septem
ber she died on the 9TH. Case closed, and wa
briefly argued by counsel. After charge iron
the Court the jury returned u verdict of guilt
| without leaving the box.
The Chief Justice told Dougherty TO stand nj
when he said James Dougherty you have beef
convicted of The crime OF having Two wives, en-
in all probability by your heartless dcsert'on q
your fret wife, you have been the cause oil he
death. The sentence of the Court, that you iol
felt and pay to the State fine of $4,000, pay til
costs OF this suit, and be Imprisoned one year.
CThis is the utmost limit OF the law
The case of John Bresslin Il Co. rs. jess
Sharpe, administrator of Smiley King, was take
up, when COUNSEL for both sides asked the jur
for verdict OF $3.50 GO IN favor Of plaintiffs; We
dict rendered accordingly.
The case of the Newport National Bank .
, John Tweed, was called. Harrington for pai
tiff, Whitcley Tor defendant. Action brought q
promissory note given by John L. Elliott, q
Tt. f<xrA rta pa.ak 70