Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-05-20
DELAWARE TRIBUNE WILMINGTON, DEL.

guilty, nolle pros having been entered for th'
State, by Deputy Attorney General Rumford. IL
| the indictment in which he was charged will
having actually committed the act.
To the first indictment he plead not guilty, ant
having no counsel the Court assigned Samuel N
Harrington, Esq , to conduct the case for him
Upon the Indictment for the attempt, Luton
pleaded guilty. Luton stated to the Court thai
| he was at the time of attempting to commit the
offence under great mental depression, arising
from pecupiary losses, and that he only Intended
| to Brighten the children away, and to prevent
them from worrying him. 1t is also understood
| that he is a person Of weak mind.
| The Court sentenced him To pay a fine of $500,
on Saturday next to stand In the plory one hour,
be whipped with thirty lashcs, and imprisoned
| two years.
The case of Frsby vs.. johnson was resumed
and the deposition Of Lcvinla johnson was read.
Prosecution here rested. Witness called for the
| defence.
| Robt N. Hill sworn, testified that he knew
Severn johnson and family in Baltimore thirty
years ago Mary jane Frlsby was not n member
OF that family; the only wife l ever knew him
to have was his present widow, Francis Ann, the
mother of Western.
| Alfred Bias sworn-Severn johnson married
my sister, Francis Ann; The ceremony was per-
| formed by Rev. Lewis q. Wells, ROW dead (Mr
| Byard here offered, in evidence, the marriage
certificate } knew him intimately from the time
he came To Biltimere until the day of his death |;
Mary Jane Frisby was never member Of his
| family the woman who claims To DO Severn 3
wife and the mother Of Martha Jane was known
in Baltimore, as Hetty Effort and lived with a
| man named Peter Effort, rs his wife.
Amelia Lane aud VIM. Barratt corrobrated
Bias testimony.
John Purueil sworn teftlfled that at one time
lletty, the mother of Martha Jane Frlsby, told
him That Severn johnson was Martha Jales Ia
ther but that they had lived together without be-
Ing married.
Peter Wilson sworn.-I was born and raised at
Stow I'LL, Md Severn johnson and were boys
together; knew him up TO the time he came TO
Baltimorei he was never married while he lived
at Snow Hill.
The Grand Jury having no further business
before Them the Court, after thanking them for
the efficiency with which they had performed
their duty, discharged them from any further at
tendance on this term of Court. The following
Is their repurt:-
REPORT OF THE GRAND JURY.
To the Honorable, The Judges Of the Court Of
General Sessions Of the Pedce ana Jail Delivery,
and Court IF Oyer and Te,miner, in and for New
Castle county AID Siate Of Deiara'e, Nay Term,
1869 The Grand Inquest, for the body Of New
Castle county beg leave to report that there have
been submitted to them for consideration at the
present. term three hundred and thirty nine in
dictneHts, whereof two hundred aud hfty-nine
have been found true bills, aud the remaining
eighty returned ignored. A large proportion Of
tucrc tIuc Uliit, your lUuOTo Will ODSeTVe, arc
for the unlawful sale Of intoxicating liquors, and
respecting this class of cases especially the Grand
Jury would urge strict enforcement Of the fine
aud costs imposed in every instance Of convlc-
ton. The law affords to those engaged In the
business Of selling intoxicating liquors at least
all the liberty that is consistent with the welfare
OF the community and those who will ncverthe-
less violate its provisions should suffer the conse-
quences Most oil them are persons well able to
pay The liabilities incurred and 1t appears to the
Grand Jury to indlct aud convict them without
exactiug, us far rs possible, the lawful penalty,
would be waste Of the time of the Court and vi
the public money, an indirect encouragement of
further iniractions oil the law, and therefore
against the peace and dignity of the State.
The Grand Jury would acknowledge with
thanks the advice and assistance promptly rem
dcred to them, when needed, by the Attorney
and Deputy Attorney general, and by the clerk
Of the Court.
Respectfully submitted,
WILLIAM CAsBY, Foreman.
-. New Castle, May 49, 1860