Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-06-03

TUESDAY, MAY 25.-TcosrrsuED. |

TUESDAY, MAY 25.-I CONTINUED.
Iu the case of the State against Thomas Femme
more for stealing marc from Benz. r. Gill the
defence relied upon three grounds: First, an
alibi second, that ut the hour named by the boy
when he received the horse from Fennemore the
horse was met and recognized and II was not
Fenucmore upon her, and third, that on the 10th
Of April the boy admitted to witness that he stole
about it as he did. Good character was proved
by many of the witnesses. Thomas Deakyne
proved that Thomas Feunemore was working for
him on the Sh of April up TO dusk. Jesse Fen
neinore testified that about o'clock that night
Thos. Fcnncmore asked him to go fishing, and
they went together down to North West Fork
Branch and on the bridge met VIM. Gardiner,
that he and Gardiner took the boat and went
fishng and got back to the bridge about 8
o'clock.
VIM. Gardiner proved the same as above, and
that Thomas Fenncmorc and a negro, George
Massey. then went fishing together, 1t then being
about $50 T. NJ.
George Massey proved that the prisoner him
self went fishing and got back about II o'clock !;
that he went to Fennemore's house with him
and then divided their fish, and when he left 1t
was II. So
Mrs. Fennemore, the mother of the prisoner,
testified she left him in his house about II o'clock
John w. Wright testified that on the night of
the 8th OF April about 1880, when returning
from singing school he met the mare at or near
the point designated by the boy as the place he
received her.
John Shane who was with Wright proved that
it was not Fennemore on the mare.
Thomas Bratton, Jr., testified that on the 10th
of April as he was going to Wilmington he met the
boy Reed on the road near Hares Corner, and
that after some conversation the boy admitted
that he stole the mare and that Richards knew
about II.
Joha Adams testified that he saw the boy at the
same time and identified the prosecuting witness
as the same.
Joseph W. Mariner was called to disprove the
evidence of Richards as to admissions made in
his (Marriner's) Office by Fennemore that he
stole the mare.
Mariner sworc positively that no such admis-
sions were made, but just The reverse.
The letter purporting to have beon written by
Fcnnimore to the boy Reed was put in evidence,
together with tho one from the boy to Squire
Hall, and IL was insisted that the letter purport-
ing TO have come from Fennemore was written
by the boy himself, and Joseph G. Hutchinson
proved thai 1t was the bandwrltinf Of the boy.
Case argued
Al about 0 o'clock the case was given TO the
Jury, who, after an absence of five minutes, re-
turned Il verdict of not guilty.
Court adjourned until Tomorrow morning AZ
10 o'clock.
WEDNESDAY, May 2sth.
Court met at 10 o'clock.
State VS.. George Williams; indicted for stcal-
ing two bushels OF wheat, five bags and one-half
Bates for State, Gray ior defendant.
The evidence for the State was to the effect
that on the 25th day of last September, the wheat.
bags aud salt were missed that George had sent
| two bushels of wheat to the mill by another per-
son; That the bags and salt were found in his
| possession.
The defence showed that Geoages character
for honesty aud industry was good and that he
| occasionally had wheat of his own.
| Case argued by the counsel.
| At about twenty miuaes of twelve the jury re-
tired for consultation. Verdict, not guilty.
| George and Joseph Prltchard VS.. abraham T..
Shannon. Action on the case. Whitley for
plaintiff, Harrington for defendant. Verdict for
plaintiff, S17S.95.
This being the last civil case on the list ready
| for trial. and the criminal business having been
disposed Of, the Court discharged the general
| Jury from any further attendance at this term.
Annie Arnold, an Irish woman who had been
convicted of attempting to burn the house of
| James Duncan was brought into Court to be
sentenced. Hon. William G. Whitley moved for
an arrest of Judgment on the ground that she had
| been indicted rs free negro. The motion was
heard, and she was remanded to the custody Of
the Sheriff. The Judge remarked that some
member OF the bar should have defended her o!
the trial The balance of the day was occupied
| by the Court in hearing arguments, and at nboul
| I O'Clock Court adjourned.