Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1871-11-24


this property has been for 40 years the stone
fence is out side the worm fence there was
no set hedge; cut the briars away when be-
came Supervisor, so ] could plow the gutter.
Mr.. VIM. Mouseey testified Perhaps the
stone fence is a couple hundred of yards long
and about feet high don't think the wall is
in Il straight line.
Mr.. Thomas 1allry II bought land on one
side of the road about p years ago from
fence 10 fence was 80 or 81 feet the lence
made bow mine bends ont bought OF
Amor Talcy the curve Of his side is from y
to feet in the bed Of the road he wanted
me to move my fence in he asked me just
before last May Court what would take to
move it in between my fence and the wall Is
90 or 81 feet
Mr.. Samuel Handy RI collect the road for
40 years there has been no alteration until
the stone fence was put up; originally at the
point in dispute, the road was 81 feet VIDE
think Peter has come o z or leet me
stone fence is ri ut whcr the gutter used to
he there was no timber only briars, where
the wall is; was Road Commissioner, but
am not now the road should he 40 feet; some
places il is 81 feet wide, think, but IN no
place 10 feet there was disadvantage when
we wanted 10 get width for road purposes.
Robert G.. Fraim, Esq, counsel for defence,
addressed the Jury in behalf Of his client.
Mr.. Adam Prince testified Am at pre-.
sent a Road Commissioner, have measured
the road at the point in dispute by request oil
the Attorney General Peter Tallcy's fence
stands in about six inches
Mr.. John Graves testified Am Road
Commissioner; have reviewed the ohslruc-
ton; Thomas Tallcy said if we would snow
him where 10 move his fence, he would Ito SO
iii took hall his farm.
Mr. Robinson BccsOn testified :-Measureu
the width the road with a pole.
Mr.. Lewis Zcblcy les flied The centre
stone at the fork OF the roads guided the honh-
Diary of my farm lived there II years nave
been away three years.
Mr.. Pcnrosc r. Tallcy testified A chestnut
tree stood formerly in the place OF the centre
stone; road was formerly called Cab Lane,
from AN old cabin along it the boundaries
have been the same ever since ] can remember,
or at least for 20 years
Mr. Lewis ZehlCy testified The stone wall
stands back inches from the line of Mr.. Gni-
fms posts think the road is now in better
condition for public travel than it was before
the road there is rocky there was long ago a
wood along there
Mr.. Uriah Pierce testified The stone wall
does not project into the road but stands back
a little the line is IL or Is feet out OF
straight line.
Mr.. Levi Weldn testified There has been
some sOr, of fence there for 40 years.
Mr.. William II. Griffin testified own II
farm having a line ON half the road Peter
Talley's fence stands back OF the line of my
fence have owned the farm about five years;
think some stone had been shot where the
stone wall is road was very muddy at this
place, but since the wall has been up, the road
IS better the stones were in piles little back
of where the wall Is.
The Jury rendered a verdict Of not guilty.
William Pickering, charged with the larce
ny of q lot of carpenters tools, July 9th, IRON
Jacob Butler, plead not guilty. The bill hay
ing been ignored, the Judge told Pickering
he was at liberty to go where lac pleased
whercupon the prisoner left the dock.
Charles Blake, aged about 22 years appa-
rently, charged with the larceny in Whining
ton on July 18th, of watch from Frank II.
Turner, plead guilty. Sentenced to pay $3.50
restitution money pay costs OF prosecution
receive ten lashes on Saturday, December I'd,
between 10 O'Clock A. NJ, and O'Clock +. NJ
be imprisoned six months from Dec. . and
for six months after discharge wear con
yict's jacket
Joshua Luton, about 50 years old apparent
~, charged with larceny in Chrlstiana Hun
bred on June 18th, from Joseph ii. Chambers,
of two watches, watch chain and a cloth cap,
plead guilty The Court sentenced him TO
pay $36 so restitution money pay costs of
prosecution on Saturday, November 18th TO
receive 90 la hes be imprisoned SIX months,
beginning with Nov. 25th, and, after dis
charge, " car conyict's Jacket six months
In the afternoon session The following bust
ness was transacted
John Bush, colored, charged with break
ing into the store of Mary Carter, in vii
mington, and stealing clock, some dress
cs, socks, muslin, calico, shawl. lie got
into the cellar window thence into the sitting
room broke a lock and got into the store
Mrs Carter testified to the theft
MIR. " lillian Magcc testified to finding Bush
Il couple weeks afterwards in Folly woods.
Mr.. d. H. Mingatc testified 10 finding the
clock.
Joseph Archie, colored, testified as TO the
manner in which he got the clock from Bush.
The recovery Of portion OF the goods was
detailed. Verdict guilty.
The Judge told Bush lac had hcen convict.
ed once before. Most probably he would
have done Mrs. Carter serious harm if She had
encountered him while stealing Sentenced
to pay Sllsj restitution money! COSTS; ON
saturday, receive 20 mshcs I've imprisoned Is
months from Nov 2jlh.
jonathan H. Graves, colured, charged with
breaking into Il dwelling house of George
Simmons, cololcd, in day time, june 10Th and
stealing clothing, watch and cuin-in Christi
aaa Hundred. The watch was found IN
city icwelry store shortly after the lhelt-
Verdict; guilty.
The Court said il Was going q break mp this
breaking into houses. Graves was sentenced
To pay Tll7 restitution moncy-being twice
the value of goods not returned and once the
value of goods returned pay costs Of prose
cuiion on November 2jth tO stand i'm the pill
lory one hour to receive 70 lashcs be i'm
prisuncd 3 months from Nov. 2jl.
Charles Bayard, colorcd, charged with as
sault With intent to kill on August 18th, Char
les Laws, colorcd. The trouble occurred in
an alley ON Decatur street in Wilmington
near the railroad bridge, during drunken
talk. The injured man was not able TO work
for eight weeks Ellen Laws, Jos. G.. Walk.
or and Hester f. Money, all c0l0rcd, testiitd
against the prisoner. Mr. John >. Beeson,
testified to Bayard's good character, but ralh-
or saucy disposition when in liquor. Verdict,
guilty with recommendation of mercy. Sen
fenced to pay $500 fine; To stand in the pillo-
ry one hour on saturday be imprisoned from
Nov. 2jth next, to Nov. 2ith, 1872.
Charles H. Tibbett, colored, charged with
stealing pair of mems CATERS in Wilmington
from Adam Grub, January 9TH.
Mr.. Thomas j. Grub, testified TO catching
the thief Verdict, Guilty. Sentenced to pay
restitution money costs receive 20 lashC'
on Saturday be Imprisoned six months 4; tC
wear conyict's jacket six months after dis
charge from prison.
About $50 =. NJ, Court adjourned till lC
O'Clock, A. NJ on Wednesday.
WEDNESDAY, Nov 23d.
Mr.. Jones, aged about seventy years, o
Afs1lt.t.,,-,, ,,l.,l ,r,,tit,r Of an oeeaulf m