Middletown transcript., 1870-12-10

ys. Whitson. Evidence for plaintiff resumed.
Samuel Baylis and D. B. Woodward, testified
that they had lived in the house now owned by
Adams and used the alley.
After argument on both sides by counsel, the
jury was charged by Judge Houston, and after a
short retirement rendered verdict for the plain
tiff with $15, 90 damages. Mr.. Whitley, counsel
for defendant asked the court TO note his excel'-
tons to the charge, and will file his reasons for
new trial
Upon application of Attorney General Lore,
| a bench warrant was issued for the arrest OF
Alonzo Stoops, charged by the affidavit of Frank
Johnson, negro, with having assaulted and beat
en- him on Wednesday evening while on his re-
turn from New Castle to Middletown.
Henry Shapley VS.. Stearnsan and Qugley. Hig-
gins for plaintiff; Gordon for Qugey, defend
ant Action brought for the recovery of $3.50, 90
wages due the plaintiff while in the employ of the
defendants, who were the contractors for the
building in part of the Baltimore Central Rail-
road, from March 1867 TO January 1858.
The case was argued by Messrs. Higgins and
Gordon, and at six o'clock the jury were dis
charged to render thelr verdict on FRIDAY MORN
FRIDAY The jury in Case OF Sharpley VS..
Quigcy, retired to their roon and after short
absence returned with verdict for the plaintiff
with S595,00 damages Several applications
were made by counsel and granted by the Court
for continuanccsj after which the criminal list
II was resumed.
\ State vs. Samuel Guest, (n.) for assault and
battery upon James W. Burns. Verdict guilty.
N Sentenced to pay fine of 81 and costs.
Recognzancc Of Lewis Smith and Peter S.
| Blake forfeited
State vs. Henry a. Tin. Larceny of two
watches, the property of Vim. G. Ellison, of St.
Georges Hundred, on Nov. 81, 1870 The prs-
Homer was German lad of 10 years
His knowledge of the English language was
very meagre, and the testimony of the witness
for the State was interpreted by Mr. John Manz,
of Wilmington, who also conducted the cross
Examination for the prisoner who was uGrepre-
ented by counsel and made statement in his
lehalf TO the jury
| The prisoner, through his interpreter, Mr.
| Ahnz made statement 10 the jury in denial of
| tie accusation, TO which his prepossessng ard
Ingenious appearance lent truthful support Tie
| Court then reviewed the testimony, which was
entirely crcumstsntial in its nature, after which
| tle was submitted 10 the jury, who after a
short absence, returned with verdict of not
| guilty. Lore for the State.
State VS.. William Camper, negro. Larceny of
chickens from VIM. Lockwood, of st Georges
| llpndred. Evidence conclusive. Verdict guilty,
ncnced 10 pay 81 restitution money aui costs,
to be whipped with 20 lashcs imprisoned
months, and wear convict's iocket mouths
after discharge.
State vs. Leonard 0twell (n.) Larceny of
crpckeryware, looking-glass, album, &c, from
L. W. and +. G. Stidham, auctioneers, of Will
mington The evidence for the State failing 10
identify the property, Mr. Bates, for the State,
abandoned the case. Verdict not guilty.
State vs. Lawrence Fisher, negro, for assault,
with razor, with intent to kill upon David
Basun, negro, on Saturday night, Nov. &c. 1870
Mr. Lore for the State, and Mr. Bird for the
prisoner, argued the case to the jury after which
the Court charged and verdict Of guilty was
rendered. Sentenced TO pay n fine of s., 900 90
.V,I I Al
imprisoned five years. The Court in pronoun-
cling this sentence remarked that ii was another
warning TO negroes npon the crime of carrying
rnzors and using them as oilensive weapons
In the case OF State VS.. Hugh Sweeney con-
victed of an assault with intent to kill upon
William Q. Moore Mr. Patterson, his counsel
explained to the Court his reasons for the with
| irawei of his motion for new trial. in conse-
| quence of the Grand Jury having ignored the
| bill against the brother of Sweeney, alleged to
| be the real assalant. The motion for a new
| trial WAS then ordered to be dismissed, and
Sweeny was placed at the bar of the Court to re-
celve ms sentence. The Court then announced
the sentence to he fine of ST 900. 90; an hour
in the pillory, and an Imprisonment of five years
LnciUS 5. i. Reed, convicted of the larceny of
Il wagon, harness, &c. from Owen Traynor. SEN
| tenced TO pay S253 restitution money and costs ;
to be whipped with 10 ashes imprisoned six
months, and TO wear con vict Jacket six months
after discharge. The Court in pronouncing the
sentence announced that it had been modified on
account of the representations which had been
made OF the prccarious state of the prisoner s
health; and in consideration ofthis AS well as
10 unable the the prisoner 10 petition for Execu-
tive clemency, the corporal unishment would be
deferred until December 10th
SATURDAY.-The Argument List was taken up
| to-day, and all Of the cases disposed of.
John W. Griffith VS.. Benjamin g. Pearcc; Ed
mund Provost vs.. the same; and James Grubb
vs.. Thomas NJ. Ogle. These were suits brought
| to recover money bet upon the question of the
membership of Jacob Richardson, Esq. in that
loyal gathering somewhat notorious under
the name of the & Union League" The cases
were argued upon demurrer ut the November
Term 1869, by Mr. Gordon for the several plain
tiis, and Mr.. Bayard for the defendants. Chict
JL~r'ice Gilpin delivered the opinion of the Court,
decidhs the contract Illegal and Incapable, By
that reason, of enforcement in II court Of justice.
The Chief Jus ice said that the principle recog-
nized and clearly established by Lord Mansfield,
i'll the case of Dacosta vs.. Jones' reported in Cow
per, p. 729, must govern thesH cases, and that
was, ''where bet is made, the SUI, ect matter oi
which involves the interests, feelings. character
| or rights OF a third person, in which The wager
ing parties have no interest, the contract is ile-
gal as being contrary to public MORALS" and
cannot be enforced in court Of justice. This
principle has been recognized before our courts,
IN the case of Porter VS.. Sawyer, !, Harrington,
| ~ - dhu NOW Dc Uetu 10 nc Sctllcu law Ill
this State. Judgment in each case for the de-
| tendant.
Michael Mealey vs.. Mary OMealey. Libel
for divorce. Cause, adultry of respondent. Af-
ter hearing OF testimony, the divorce was gran
ted by the court.
The other proceedings of court are not of much
interest. 1t was TO have closed its session yes
terday.
ouTLAwRY IN KENT Co. MD.-One night last
week some robbers tried TO effect an entrance in
the store of VIM. I. Betton in Georgetown Tut
did not succeed On the same night the office of
Capt Andrew Woodal, dealer in grain, lumber,
&c. in the same town. was broken into but for
tunaieiy the thieves were not able to find any
thing, save dollar or two TO reverb them for
| their trouble.
gentleman named Rasin, whilst on the pub
lie road near Millington, had his horse seized by
Two men, and stopped. Taking in the situation
at glance, he put whip to his horse and eseap-
ed' Kent county needs vigilance committee
DESTRUCTIVE FIRE.--A destructive fire broke
out on the farm of s. b. Ginn about Al miles