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


The civil list was taken up and several applica-
tons made for continuances, amendments &C.,
after which the list was laid over till Tuesday,
| and the criminal List again taken up.
State Us, Andrew Emps0n. (colored,) indicted
for larceny of five bushels Of wheat from Thos.
State The evidence was very direct and the Jury
after brief absence rendered verdict Of guilty.
State rs. Geo. Thompson, indicted, on three
indictments for assault and battery on his wife.
The trial Of the first indictment had begun when
the prisoner arose and said he wished to plead
| guilty on all three. The jury rendered verdict
accordingly in the case pending, and the plea Of
guilty was entered in the two other cases. Fined
| $40, and costs, in each case, and be imprisoned
| two months in each case.
State Us. Florence Purnell, (colored) indicted
for larceny Of sheet. the property Of James T..
Shallcross, of st. Georges Hundred. Hodgson
for State. Nields, for prisoner. The evidence
showed that the prisoner had lived with Frederick
Davis, farmer for Mr.. Shallcross, and that on
leaving one Saturday, she had taken away with
her sheet. On the following Monday Davis had
found her in Middletown, and asked II she had
the sheet. She said at once she had, that she
had taken it by mistake, and told him to go with
her and she would give 1t to him. He did SO and
she gave it up to him. The Jury rendered a
verdict of not guilty without leaving the bog.
1t may be proper to say, here that this Flor
ence Purnell is the girl cowhided by VIM. II.
Moore, and that this suit was not instituted until
State Us Levi and Nancy Finney, (colored) in
dicted for the larceny Of goods from John
Deshe, Of White Clay Creek hundred. The
theft Of a quantity Of meat and lard was proven,
and the property was traced to the possession
of the prisoner. He made q statement that a
man named Sam White had left the property
there. He had no witnesses to that effect. how
ever. The State abandoned the suit 80 far as
the woman was concerned. The jury found the
man guilty and the woman not guilty.
tat Dofr tnlr Toll fura if,din anita No
for assaulting Abiah Allen, and the other for
assauting Sallie J. Allen, her daughter. The
two ladies testified that Lally had violently as
Baulted them, without reasonable provOcation,
that Mrs. Allen had violently abused Lally's
wife, and struck Lally himself before he struck
her. Other witnesses for the State denied the
statement that Mrs. Allen had struck the first
blow. The case was briefly argued by Messrs.
Fraim for the State, and Bird for the defence.
dict of not guilty.
The Court sentenced Levi Finney to pay a
restitution of s41.75 and costs, and be whipped
on December Sd with 20 lashos, be imprisoned 6
months, and wear a convicts Jacket months.
State us. Chas. Washington, indicted for steal
ing an eve sheep from Joseph Ellison, Of St.
Georges Hundred. Lore for State; Grey, for
defence.
Joseph Ellison testified to losing the sheep
and afterwards finding bag which he recog-
canal, and in the bag, were wool and entrals OF q
sheep.
VIM. II. Walker, a colored man, living with
last Witness testified that the prisoner had told
him he was going to steal the sheep, and asked
him to 60 along that he, the witness, was at the
prisoners house the night he stole the animal,
and that he afterwards told him that he had ta-
ken it and thrown the refuse into the canal.
For the defense, Truster Lofand testified that
Ellison had come to him to get the prisoner ar
rpatad M anothar al of tarrapCy aavinp ba
wanted to get rid of him. Two farmers Of the
neighborhood, testified to the good character of
the prisoner. The case was submitted without ar
gument. and the jury was discharged until next
morning, to which time Court adjourned.
TUESDAYS PROCEEDINGS.
| The Jury In the case of Charles Washington,
charged with the larceny of a sheep, was re-
empanelled and sent to their room. All the
| evidence was in the evening before.
The civil list was then taken up, the first case
being that of Elizabeth Mails Us John Walther,
an action of repleyin for the recovery of certain
goods. seized by the defendant. Bayard for
plaintiff, Harrington for defendant. The goods
| 10 question were the household property of John
| Walther deceased. His son, the defendant,
claimed the property under one bill Of sale. and
the plaintiff, who had been house-keeper for
deceased, claimed the goods under another bill
possession. The evidence in the case occupied
all the morning. and was resumed in the after
/ noon.
At about noon the jury in the case of Charles
Washington came down, and the foreman gave
in a verdict of guilty" The court ordered the
Jury to be polled, when the fourth man called
answered mot guilty" The jury was sent back
| to its room.
In the afternoon again the jury in the case Of
| Charles Washington came in and reported again
that they could not agreee. The court discharg-
cd the jury and then discharged the prisoner.
| The argument in the case Of Mails Va. Walther
occupied the remainder of yesterdays session.