Wilmington daily gazette., 1872-05-18
PROCEEDINGS or COURT.
CLARK SENTENCED TO DK HUN0 FOB RAPE.
NEW CASTLE. FRIDAY. May II

CLARK sENTINCID TO BK HUNo FoR RAPE.
NEW CASTLE. FRIDAY. May II.
Court met this morning at the usual hour.
Andrew G. Clark (col) who WAS found guilty
on Martha Rakes, (col) was brought TO ths bar OF
the court. and the chief Justice asked him it he
had anything to say why sentence OF the law
should not be pronounced against him On ans,
wering. che had nothing to say" the CHIEF
Justice delivered the sentence Of the court which
was: to pay the costs of prosecutioD to be re-
man,lsd to the County Jail. there to be securely
kept till Friday. the 18th day Of July next, aud
then. between the hours Of ~ A. NJ. and 8 +. NJ
to be hung by the neck till he was dead; closing
with the invocation, "and may God have mercy
your soul"
Chas Davis Boswell Rengoldt, Henry Tibbett.
Joshua Hutton, Lewis Colng and Joseph Hains
were ordered by the court 70 be discharged Oh the
expiration Of their present term OF imprisonment,
.4th Of this menth, and John Carpenter ana
Charles Blake on the lst of June next
Case No. l30. Robert Morrison VS.. Robert Nit
chsll. trespass Y. e. T.. continued from yesterday,
Gray. Esq. for defendant. The evidence ndduced
showed that some hogs of defendants broke iuto
the plaintiffs wheat field after the wheat was
'shCcked," and damaged said wheat by trespass-
ing 1t, to the amount OF from 20 to - bushels.
varying according to the estinntos of the differ
snt witnesses.
Counsel for defendant moved for non suit on
grounds that the right of "away going tenant to
free ingress and egress tor the purpose "f carry
ing away the emblements, did not give such an
exclusive righ. OF possession of the soil would
sustain action Of trespass q. c. +. In tins case
there covenant to that effect in the lease.
and no special custom to do proved. Also
in this action plaintiff must show that the hogs
were sole property OF the defendant; joint proper
ty of himself and Mr.. Reybold Q,ls landloId) was
not su uticient: that the trespass must have been
committed directly or voluntarily, or by neg-
Rence Of defendant.
ostAI Ir
Doughty, ct. al, 9 Johns l0S and Austin vs. Saw
yer, 9, Cowen 4O, to prove that away going ten
ants right to carry away emblemehts gave him
an exclusive possession. sufficient to MAINTAIN TINS
| action. The court decided that way.go,ng tenant
has exclusive right to possession OF the crop until
gathered and divided. under the leasing by ten
ants OH shares (unless there be contrary prov,-
sion III the lease). That hogs are trespasslng ami
mails; post and rail fence is no protection against
| them; and act of defendants letting hogs out OF
pen was direct participation in their subsequent
trespass and charged the jnly without argnm. nj
| of CounseD if they believed damages were done
by Mr.. MitcheIl's hogs. plaintiff was entitled to
recover to the amount of the injury they believed
| he had suffered. The jury rendered verdict tol
plaintiff tor SGS 10 and costs.
| Judgm ant was gwen for plaintiff in Nos. 10y
| lis. Jury of inquisition was drawn in "a, Ed
| ward Warpole Va. Joseph Ellison, action on case
! q. b. u J. H. Rodney, Esqs., for plaintiff
Spruance for defendant.
This was an action on a promissory note, made
Feb. Is, 1869. for $7l 90. payable months afte
date, endorsed by defendant. for the accommoda
| tion OF the maker. The note had been altere'
| after it male without consent OF the parties
by inserting the words "with interest, which ha'
been stricken out by plaintiff u short time befor
| the suit brought. The court charged tn
Jury that this was a material alteration by tn
holder, and for his benefit; it avoided the not
and discharged the maker and endorser, becaus
1t was not the contract which they original
made, and the policy OF the law would not allo'
the holder to tamper with the note without col
sent of all the parties The erasure did not chang
it. 1t ceased to be contract soon AS the word
were written, and no rept ntance 10y act Of era,
ing) could restore its original validity so as
impose any obligation upon either party III
court instructed jury to find for defendant.
In No. g. Edwin Il. Cochran VS.. John A. HUI,
lock, action of covenant award by arbtr,
, tors Of k6,l6066. Jury rendered verdict fe
plaintiff for said amount with interest from A,
gust IL, 1869, making $6,776.7l.
Remainder of the afternoon consumed
arguing certiorsri from Justices OF the Peac
rules, motions, &c.
; On motion of VIM g. Whiteley Esq, job
O'Byrne, Esq, was admitted to the Bar OF Il
Superior Court of this State.
The general jury were discharged about
o'clock.
Court adjourned at o'clock till Saturdu
morning ut 10 o'clock.