Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1870-05-19
NUMBER III.


state rs. benJomln darman, lcnl ATnuReu
for the larceny of four turkeys, the property Of
property of Mitchell T. Evans and for the larceny
of two turkeys, the property Of Samnel C.
Sutton, both Of Red Lion hundred. Pleaded
gnilty 10 both counts. Sentenced to pay restitu'
,lon money; be whipped with twenty lsshes j. :,
imprisoned months, and wear acouvicrs jacket
months after discharge 10 each case.
State Us. Samuel Nichols. (col for the larceny
of clothing and several small articles from VIM.
Thomson, Of Cbristlana hundred. Verdict
State rs. John Hasten aud John Thompson
(col) Arranged for the larceny Of four chickens
the property of the Trustees Of the Poor oil
New Castle County Thomson pleaded guilty,
and Hasten, not guilty. NtH pros as to hasten
Thompson sentenced to pay "a, restitution
money. be whipped with 90 lashes. imprisoned
6 months. and wear convicts jacdet Q months
after discharge.
The Court announced In the case Of State %.
Hugh W. Sweenv. and in reply TO Mr.. Patterson.
counsel for the Defense that 1t would not be taken
no before Friday, but would assign no day for
trial.
John Murphy and lanes Murphy convicted on
Tuesday. of an assault and battery upon Jefferson
B. Foard. were sentenced each tn pay fine OF
$500 and costs and be imprisoned fifteen months
State ps Fanstyn Gabrylweiz. for obtaiuing
monev under false preteuces. by selling to Henry
1 Tatnall an oil painting. under the representa-
tiou that 1t was executed BY James Hamilton, the
marine artist OF Philadelphia.
Henry L. Tatnall testified that he attended a
sale of paintings Mt Institute Hail. in this city, In
August. 1867, and expressed desire to procure q
picture of Hamiltons that the prisoner pointed
ont picture as the work of Hamilton and
upon this representation, the witness bought it,
and paid the purchase money, either $96 or 1893.
Witness was uudeceived as to the genulneBess
of the picture about one year afterward.
Cross-examined. Two pictures were previous
ly sold as Hamilt0n's; one genplue and one spu-
rious. The picture bought had the signature
James Hamilton" without the "f iu the name
did not know Hamilton. nor his signature at the
time of the purchase. signature was good imi-
that he had purchased an original and genuine
picture by Hamilton nj the sale, and the prisoner
afterward asked him tu return 1t, saying he
wished to make copies of 1t.
Gross examined. The prisoner said 10 Tatnall
In the presence of witness and son, that the pic
ture in question was very handsome one but
did net cay In the hearing of witness that 1t was
Hamilton's. Saw no signature upon the picture
Tatual seid to witness recently that the prisoner
told him 1t was executed by Hamilton, and the
witness corrected him.
James Hamilton estifled that he had seen the
picture sold to Tatnal which was spurious, being
only an imitation of one executed by him. 1t
was signed as testified by Tatnall.
Evidence for the defence was given In general
denial of the allegations by cross s-examnatlon OF
the Witnesses and tn prove that the prisoner
was not the owner of the pictures was merely
an exhibitor Of single picture and did notre-
Thomas NJ. Ogle was called TO prove that he
rs auctiJneer, sold the pictures, which were the
property of of the firm of Fisher & Graves and
that the prisoner was merely On exhibitor of
single painting.
Argued by Lore for State and Whiteley, for
the prisoner. Jury out at 6 O'Clock.
State Us, Sarah Jane Crawford, a colored girl
aged 12 wears, for the burning of the barn of
William Vail of st. Georges Hundred, whose SER
want she was.
The only testimony in this case was the oonfes.
sion of the prisoner, made to William Stuttgart
In the Office Of a magistrate. Upon objection by
Mr.. Rumford, counsel for the prisoner, that tho
confession was not entirely voluntary, the Court.
in consideration Of the tender age of the prisoner
ruled 1t out.
Sheriff Richardson testified that tho prisoner,
after arrest, made a voluntary confession to him
that she had burned barn, without particulsriz-
Ing 1t. Verdict, not guilty. Bates for the State,
Rumtord for the prisoner.
Verdict, case State Us. Gabrylwetz, guilty.
THURSDAY.
The Court, this morning, took up the civil list.
As usual, q number Of cases were continued
referred judgements entered by consent ; and
further disposed of without trial.
10 the case of State rs. Gabrylwetz, convicted
of obtaining money under false pretences, Mr..
Whiteley, counsel for the prisoner, obtained
rule nisi for new trial.
The Court announced that the Argument List
would be taken up on Saturday.
State psAlfred Brown aud John Mahaid, (col.)
for the larceny of side saddle. whip and harness,
the property OF David q. Vail, Of Pencader
hundred, on the night of the 2O.h OF April last.
Muhurd admitted the theft. Verdict, guilty,
be whipped with 20 lashes Imprisoned months;
and wear a convicts jacket 6 months after
discharge. Fraim for the State.
State Us. John Muhurd, (col) Convicted of on
Sentenced to pay fine of 800, and IL months
Imprisonment.
State u.s. Alfred Brown and John Mohurd,
(colored) for the larceny of mare, belonging to
David z. Vail, on the night Of the 10Th Of April
last. Verdict guilty. Sentenced each to pay
5000 restitution money 5000 fine and costs; to
stand one hour in the pillory aud to be whipped
with 20 la.hts. Lore for State.
State Us. John johnson, (colored) for the lar
ceDy of 80 chickens, hclongiug TO George Lobb,
of Mill Creek Hundred, on The night of the 2lst
Of March last. Verdict guilty. Lore for State.
Bird Tor the defence.
State Us. John Laws, (colored) for the larceny
OF fur cap, tho property of Susanna Lee. Ver-
dict, guilty, without leaving the box. Fraim for
the State.
Lukens Pierce, u.s. William InderlId. Action.
assumpsit for the recovery OF 1876. with interest
rom May, 1865, the price Of siS5 fruit trees, sold
by the plaintiff TO the defendant In that year.
Nields Tor plaintiff Lore for defendant.
Plaintiff offered evidence to prove that the trees
were purchased, and shipped to James Chambers
the agent of the defendant, at Dover. Chambers
The latter received them aud planted them.
The defendant offered testimony to prove that
the trees were received In an injured condition,
und were set out Hpon the request OF Albert L.
Johnston, another agent of the plaintiff, who
promised that, 10 the event of their failure to
flourish, no price would be demanded. The trees
subsequently, died, except about 800. Evidence
also given in proof of settlement between
Chambers and The defendant in which an abate-
meut was made. Evidence by plaintiff In reply,
and pral denial
MIR. Nields opened the argument to the Jury,
and at q O'Clock the Court adjourned.
FRIDAY.
State vs. Hugh Sweeney Continued until the
November term, upon application of Mr.. Patter-
500, counsel for The deieuce,o on the ground oi the
absence OF u material witness from the State.
Pierce VS.. Inderid.-Mr Nelds concluded bis
argument for the plaiatiff MIR. Lore for the de-
fendant, followed, and Nields closed In reply.
Verdict for the plaintiff, with s471 damages.
The Grand Jury announced that they had
finished all business presented, and were thanked
by the Court for their la5ors aud discharged.
Folsom vs. Morrow.-Continued until Novem-
ber term, with costs for the plaintiff. Harrington
for plaintiff Patterson for defendant.
Given & Evans VS.. George Steinicken.-Passed
until Monday, upon request OF Mr.. Gordon, for
defendant. Bnyard for plaintiff.
Elizabeth Mails VS.. John NJ. Walther.-Passed
until Monday, upon application OF Mr.. Bayard,
for plaintiff Harrington for defendant consenting.
Adams vs.. Morrow. -Repeviu continued upon
application of Mr.. Gray, for defendant; Harman
for plaintiff.
Wood vs. Morrow. Continued until next term
with leave to amend, upon application OF Mr..
Bird for defendant; Maris Tor plaintiff.
VIM Herbert use of Japes Bradford, Admins
tr tor OF VIM. Graves, deceased, and Thomas
Graves VS.. John g. Hicks. of debt on
replevn bond. Hicks was the surety of one
Richard d. Cary. Execution of the bond was
proved by Howard O Moore, witness to The sig
nature OF Hicks Verdict for the plaintiffs with
S153 81 damages. Bright for plaintiff; Nields
ior defendant.
AT ten minutes past o'clock. Court adjourned
until Saturday morning. The General Jury were
discharged until Monday.
CHILD FouSD.-The body of dead infant was
found in Rogers woods between Wilmington
and New Castle, on Thursday. The coroner held
an inquest, and the jury rendered a verdict OF
death from causes unsnown. The child was
apparently about or q days old.
KILLED BY YRAILRoADs,-Accerding 10 state