Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1870-11-24

Inc november term OF the courts 1Or Ills
County, began at New Castle, on Monday.
Committees were appointed for the exanaina-
| ton of Messrs. First and Hodgeman, for admis-
sion to the bar, and the examinations being sat
| isfactory, the gentlemen were admitted.
| The FIRST case taken up, was the indictment
with intent to kill, postponed from last court.
| VIM. @. Moore testified that on Sunday eve
ming, the 18th Of April last, between u after 7,
| and Z before o'clock, while sitting at home
had heard his door bell ring. He got up, went
\ to the door, and opened it. man Immediately
| rushed in, and atruck him heavy blow on the
head, which for moment stunned him, but he
retreated to his dining room, the rufiian follow
| ing him up and striking him repeated blows.
| BY light in this room, he recognized his assail-
ant as Hugh Sweeney. He attempted to pick
up chair to defend himself, but found his right
arm had been rendered powerless by blow. He
| then ran up the stairway, the man still follow
ing. He shut q door At tie top Of the stairway,
| his wife raised a window and cried murder, and
| the man hastily retreated. He fully recognized
his assailant as Hugh Sweeney, the prisoner at
| the bar.
borne grudge against Moore, because the latter
had refused to tell him of the whereabouts of
his (Sweeney's) daughter who had been en-
ployed in Moore's family as servant, and had
run away on account of alleged i'll treatment and
persecution by her father, because she would
not attend Catholic church.
A colored girl in the employ of Moore testified
| to recognizing Sweeney as he left the house, and
| another witness who saw the assailant running
away testified less positively, but when asked by
the Court IL he believed the man he saw was
Sweeney, answered "yes."
DR.. William w. Thomas testified that Moores
life was in danger for some days, owing not
directly to the blows but to the Inflammation
induced by them.
Mr.. Patterson rested the defence on an at
tempt to prove an alibi. George Churnside, q
young man who had been relied on as the prin-
cipsl witness, and on account Of whose absence
the case had beenpostponed from the May term,
was called to the stand but when asked If he had
seen Sweeney on that night answered mo-"
Sweeney's son, Hugh. his daughter, and niece
however testified to his being home that evening,
to his going out a short time when the son fol
lowed him, and accounted for his time all but
ing train to Philadelphia, which they testified
left at ~ o'clock. This was mistake The
train left at o'clock up to the 9Th Of last June,
when it changed to II. The State, however,
After all the evidence was in, Mr.. Lore opened
for the State, and was followed by Mr.. Patterson
for the defence, he continuing his speech until
the adjournment of the court.
TUESDAY MORNING.
number of prisoners were brought into the
dock, and arraigned, some pleading guilty, and
some not guilty. Those pleading guilty are no.
and those pleading not guilty in the report of
their trials.
Mr.. Patterson continued his argument for the
defence in the case of the State ps. Hugh Swee-
ney at considerable length, and was followed by
Mr.. Lore, who closed for the State in brief but
| forcible address.
Judge Gilpin charged the jury, rapidly review
| ing the evidence and stating the law and the
character of evidence necessary to establish the
charge of intent to kill
The case was then given to the jury, who after
an absence of about half an hour returned with
| verdict Of Guilty. Mr.. Patterson demanded a
poll of the jury, and each juror re-atiirmed his
| agreement with the verdict.
| State u.s. VIM. H. Robnson.--Two indictments
for selling liquor to minor. Randolph Lun-
grun, stout looking youth, who lives on It'll
street, Wilmington, testified that he is between
| 20 and 81 years of age. and had on two occasions
purchased lager beer of the accused. MIR. White
| ley, counsel for the defence, was about to COM
mence speech for the defence when the cour-
asked for the indictment, and finding that it
failed to state that the defendant was licensed
liquor seller, and therefore did not comply with
| the requirements of the law, directed the jury to
return verdict Of not guilty on each indictment.
The verdict was, OF course. 50 rendered, The
court then took a recess until o'clock:
State VS. VIM. Thomas. COL, indicted for as
sault and robbery on Henry Hopes. Prisoner
pleaded guilty. The Court heard evidence to
determine sentence. from which it appeared
that the prisoner had been caught in the theft
Of some shoes from the store Of George s. Ha-
gany, in which Mr. Hopes is employed, and
THAT when the latter attempted to arrest him
prisoner had assaulted him. and badly cut his
wrist with knife. He had been convicted Of
the larceny at the last term, and had just served
out his sentence of six months Imprisonment
for that offence. He WAS sentenced to a fine OF
500 and costs, and six months more OF impris-
Onment. =,
VIM. II. Robinson pleaded guilty to selling
liquor without a license and was fined 800 and
costs.
Thomas McCarron was tried for knowingly
selling liquor to minor. The witness against
him was Rudolph Lungrun, the young man al
luded to in a previous case reported above.
Mr.. whiteley, for the Defence said that it was
impossible for any one to know from the young
mans appearance that he was a minor, and that
therefore there was no evidence that the accu-
sed had committed the offence knowingly. The
jury rendered verdict of mot guilty." without
leaving the box.
liquor on Sunday, and the case was settled by his
paying fine of twenty dollars and cost in one
case and cost in three other cases.
Henry Feldmeier plead guilty to selling liquor
on Sunday, aud was fined twenty dollars and
COSTS :,
Fanny Godsborough,a colored girl apparently
not fully grown, who had plead guilty of stealing
woollen Dress the property OF VIM. Stoops,
was sentenced to pay twenty.four dollars resti,
tuition money, be imprisoned Six months ana
John Carpenter, colored, who had plead guilty
of stealing COW from John Forward, of Bran
DIVINE Hundred, was sentenced TO pay FLU
restitution money, costs, on Saturday next 26th
inst, to be whipped with twenty lashes, be i'm
prisoned six months and wear convict's jacket
Six months thereafter.
Edward Rnggold, colored, who had plead
guilty of stealing forty pounds OF wool from the
warehouse Of Warner 4 Co., in this CITY, was
sentenced to pay ten dollars restitution money
and COSTS and to be whipped on Saturday 18th
inst, twenty lashes, be imprisoned Six months,
and wear convict's jacket six months there
after.
ing with felonious intent the house of Augustus
Hiilyard, at 204 Poplar street on the 10th Of
August last Mr.. Hillyard testifying to seeing
the man half way in his bed room window, snt
officer Sparks to arresting him just after ne nae
Jumped from Mr.. HIS shed roof. After the Jury
was drawn the prisoner asked for COUNSEL bu
the request was not granted He was sentenced
to stand in the pillory one hour, be whipped will
20 lashes next Saturday and to be imprisoned
one year.
A jury was empanelled in the case Of State Us
James johnson, charged with assault and batter.
with intent to kill Edward Francis. The prisoner
asked for counsel, and the Court assigned hin
Alexander Cooper, Esq.
During the conference between the prsone
and his counsel several prisoners were arraigned
Luois s. I. Reed, good looking, one-armet
man, plead not guilty to two indictments on,
charging him with stealing a horse worth $3.50
and the other with stealing buggy, harness, DO.
: worth $233, from Owen Traynor.
James Donum and John F. Davis, both colored
pleaded not guilty to indictments for larceny.
The trial of johnson was then resumed Edwil
Francis testified that in returning home from tn
, depot, on the morning of October LIST, just afte
4 | midnight he hoard the cries OF murder and saw
\ he prisoner with boy down on the ground ,nea
) Third and Tatnall. He interferred when tn
prisoner asked him il he wanted to take it up.
n He said :. no." but he did not want him to abus
the boy, when the prisoner made at him an
stabbed him. He knocked the prisoner down
Johpson again stabbed him several times, infiict
ing wounds which confined him to his bed TO
o nearly two weeks.
+ Hiett Hutton testified to hearing the cries.
!, Saw Francis come up and interfere in behalf o
2 the boy, when he and johnson got to quarreliine