Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1870-12-01
WEDNESDAYS PROCEEDINGS.

young woman testified that she and her mother |
lived next door to the defendant, who one day |
while drunk vilely abused them both, and after |
ward witness having meanwhile shut the gate, |
she rushed into their yard and stopped minute
and then brandishing knife in her hand rushed
toward witness with knife in her hand, but fell
before she reached her Mrs. Jones was very
drunk. Mrs. Mary Traynor mother of the wit
ness, corroborated her testimony.
Emma Burnett q little GIRL testified to hearing
the quarrel, saw Mrs. Jones run into the yard,
she had piece of hose in her hand but no knife.
The defence was that the woman was too drunk
to have any intention of any kind. The jury
after short absence returned verdict Of guilty
Of assault alone.
James johnson, convicted of assault and bat
terry ON Edwin Francis with intend to kill, was
called up for sentence. The Chief Justice said
he considered this very aggravated case. He
said there was an erroneous impression in the
public mind that any man when attacked had
right to use deadly weapons in self-defence. He
wanted it understood that the law did not sane
ton such 'an idea, and did not Justify any man
even in self-defence in using deadly weapon
unless there was dire necessity that he should
do go to save his own life. johnson, however,
he said, had begun the attack. Francis had
interfered to prevent him from abusing drunk
EN- boy and he had instantly challenged Francis
to take it up, and then finding tkat he was get
| ting the worst Of the combat he had dangerously
stabbed him. The sentence of the Court was
| that johnson should pay a fine of $1,000 and
costs. stand in the pilory one hour on Dec. Sd,
and be imprisoned years.
Jane Jones convicted of assault on Mary Tray
nor was sentenced to pay Z fine of 800 and COSTS
State cs. James Dorwan, colored, arraigned
| for the larceny Of shot gun. The evidence
being entirely insufficient, the State abandoned
the case and the jury rendered verdict of not
guilty.
| of assault on Florence Purnell, colored. Senator
| Bayard appeared as counsel for defendant and
the court beard evidence to determine the sem
tence. 1t appeared that Moore's wife had dis
charged the colored girl, telling her to leave in-
stantly and that Moore had paid her off. Sub
| sequently she went back to the house to get
comb and brush she had accidentally left there,
| when Mrs. Moore demanded that she should
/ wash up some tubs she had left when discharged.
This she refused to do and after some words be-
tween the women, the colored one went to the
depot, where Moore found her and beat her
severely with a cowhide and drove her back to
wash up the tubs.
The Court sentenced Moore to pay fine Of
$50 and costs, the latter amounting, we under
stand, to S52. IS.
John D. Duris, colored, was convicted Of
stealing clothing from Joshua Dorothy, colored.
Fanny Johnson, colored girl, pleaded guilty
to two indictments for larceny.
Matthew Greene, white Charles H. Lee, white,
Henry j. Clifton, white, and Andrew Empson,
colored, pleaded not guilty to indictments for
larceny.
David Greenly pleaded guilty to two ind:ct-
ments for assault and battery on his wife. AS
the latter did not wish to appear against him and
the man said it was all owing to drink. the Court
only sentenced him to a fine OF 81 and costs IN
each case.
James Doman, Moses Empson, Geo. Maherd,
William Lally and Jacob Sharkey, all colored,
were tiled for disturbing colored camp meet
ing. The evidence was vague and conflcting
: and the jury rendered verdict OF mot guilty
! without leaving the box.
Mary Reynolds pleaded guilty to indictments
= for selling liquor on Sunday, and was fined s2l
and costs in one case, and costs in another case
Charles III. Lee, a colored boy, plead guilty Il
. stealing a can of branded peaches from th'
i store of James Crippen, and was sentenced te
. pay Sl.50 restitution and costs, be whipped will
!, ten lashes on December 4th, imprisoned thre
= y months and wear convict's jacket six months.
= George Maherd, colored, was convicted
stealing a coat from Morris Maxield, and sen
fenced to pay 80 restitution, costs, be whippe
with twenty lashes on December 4th imprsone
| six months and wear convicts jacket six months
l. William Lally, colored, was convicted of steal
,r ing bed quilt from Norris Maxfield and he wa
sentended to pay 81 so restitution costs, whippe
10 with ten lashes on December 4th, imprisoned 81
., months and wear convicts jacket six months
|, James Doman, colored, was found guilty. {
$. disturbing a religious meeting, and sentenced
pay fine of $50 and costs. -,
Fanny johnson, colored, who had plead guilt
to two indictments for larceny, was sentenced
pay S21.25 restitution, be imprisoned one yea
9 and wear convict's jacket six months.
:, Several recognizances were forfeited, and u
~ Court took recess until Friday morning at
a o'clock.
=; FRIDAYS PROCEEDINGS.
II The Civil List was taken up and the cast
a. | called and discontinued, continued or markt
o. for trial
r, State vs. Clarissa Duncan for keeping disorder
house, she paying costs. 49,,
st both colored, indicted for assault with intent
. kill on Thomas Johns, colored. Lore for Stat
Harrington for defence. The evidence went
prove that there had been fight on the l3th,
o. July between Johns and the defendents, and lh
Iv Robinson had shot Johns with gun, and Will
M M had shot him with pistol 1t was probable til
n- Johns was very violent fellow and Jealous,
tly Robinson, and had threatened to kill him. IN
M he had been. drunk on the night of the ARRAY a.
on the effort Of the defence was to prove that 4
ar prisoners had acted in self defence. 1t was II
on proved however that Johns had assailed the pr
to oners with any deadly weapon. and the 20,
liz charged strongly against the prisoners, and q
~ Jury after short absence rendered verdict
M | guilty. The trial occupied all the morning.
ew State Us. Lucius s. 7. Reed, indicted for ste
he ing carriage, harness, Nc, from Owen Tr'
nor. Bates for State, Grubb for defence.
y Owen Traynor testified that ON the morning
id. Saturday, May 14th, the prisoner had hired
team of him to go, he said, to New Castle to
/. the security of Hugh Sweeney, he brought
back, and he let him have the team again to
to Stanton on business, to be gone until Nj
eat day. He subsequently became suspicious, a
III on inquiry at the Philadelphia toll-gate a
,ur found he had driven through there Stature
mi evening. Went to Philadelphia and offered
i'm, ward for recovery; got the horse on Tuesd
vas and found wagon with him but not the one
ia took away was told it was VIM. Jones' Z
in Mr.. Jones, who said he had traded with pris OF
ore Witness went to a stable with Jones and tn
recognized the carriage as his own.
VIM. Jones. of Philadelphia, testified to trad
in wagon with prisoner, and that the wagon
received was the one Traynor afterwards rec
nized as his own
Lieut. James Ericsson testified to arrest
yew the prisoner who claimed the team as his o.
me- and to seeing the wagon in Jones possessi
,or- and hearing the prisoner converse with 10
on about the trade.
ira On the cross-examination Mr.. eGrlbb as
ng, the witness il he was not now under indctm
ntil for perjury in Philadelphia. The court intoI
rent sed and told the witness not to answer, and
y counsel he had no right to ask such a qiiesti'
AVE There was but one witness for the defer
& to Mr.. Alexander, letter carrier, in Wilmingt
ses, who testified to seeing prisoner with the te
lief and to Reed telling him it was Traynors.
ide- The case was then argued by Counsel
heir after brief charge by the Court, the Jury
ting tired and after short absence returned y
lian dict of guilty.
CON- State Us. Chas. Lee. indicted for burgl
are Bates for State, Jno. Rodney for defence.
The indictment charges prisoner with breaking
! by dwelling house of VIM b. Cresson. on the nj
be of October 4, and stealing therefrom quit
are quantity of jewelry, watches, silver ware,
Mr. Cresson described the robbery and
articles stolen. Mr.. Cresson described
daughters watch, stolen, and recognized a X
as his daughters which had been found on
prisoner. Detective Taggart recognized
its prisoner as g Canaby," man well known to
oiy, but who when last arrested gave the name
s. to Charles Lee. Found knife on prisoner and
had admitted having the two thimbles and the wa
into Said he got them from ''Smithy." Syloid Geo
the from Philadelphia, testified to seeing Lee
the the watch and thimbles and described the wa