Wilmington daily commercial., 1872-05-18
Our County Courts.


FRIDAY, May H. 1872.
Court met, this morning, at the usual hour
Andrew q. Clark (col.,) who was found
guilty on Thursday, of last week, Of committing
a rape on Martha Rakes (col.,) was brought to
the law Of the Court, and the Chief Justice
asked him if he had anything to say why SEN
fenced OF the law hould not be pronounced
against him On his answering che had nothing
to say. the Chief Justice delivered the sentence
OF the Court which was to pay the costs Of
prosecution to be remanded to the county
jail, there to be securely kept till Friday, the
18th day Of July next, and then between the
hours OF 10 A. M, and p. NJ TO be hung by
the neck till he was dead, closing with the in
vocation, and may God have mercy on your
SOUL
Chas. Davis, Roosevelt Ringolt, Henry lib
bett, Joshua Luton, Lewis Collins and Joseph
Harris were ordered by the Court to be dis
charged on the expiration OF their present term
Of imprisonment, the oath of this month and
John Carpenter and Charles Blake on LIST OF
June next.
Case 1870, Robert Morrison Us. Robert Mitchell,
trespass q, C. I, continued from yesterday was
resumed ; j. H. Rodney for plaintiff GRAY for
defendant. The evidence adduced showed that
some hogs Of defendants broke into the plain
tins wheat field, after the wheat was shocked, E"
and damaged said wheat by tramping on it, to
the amount Of from 50 to rs bushels, ranging
according to the estimates Of the different wit
nesses. Counsel for defendant moved for non
suit on ground that the right Of away-going ten
ant TO free ingress and egress for the purpose of
carrying away the emblements, did not give such
an exclusive right OF possession Of the soil as
would restrain an action of trespass O. c. T. In
the case there was no covenant to that effct in
the lease, and no special custom 70 to do was
proved. Also, in this action plaintiff must show
that the hogs were sole property of the defend
ant, and Joint property of himself and Mr.. Rey-
bold CHS landlord) was not sufficient that the
trespass must have been committed directly or
voluntarily, or by negligence on part OF defend
ant. Counsel for plaintiff cited Stewart Jr us.
Doughty OF. al. . Johns, 108 and Austin, u.s.
Sawyer, 8, Cowen, 40, to prove that away going
tenants right to carry away emblements, gave
him an exclusive possession, sufficient to main
tain this actiSn. The Court decided that the
away-going tenant has exclusive right to the
possession OF crop until gathered and divided,
under the leasing by tenants Oh shares (unless
there be contrary provision in the LEASED that
hogs are trespassing animals post and rail
fence Ia no protection against them and act of
defendants letting hogs out OF pen was direct
participation in their subsequent trespase, and
charged the jury (Without argument of counseD
II they believed damages were done by Mr..
MttcheUs hogs, plaintiff was entitled to recover
to the amount Of theinjury they believed he had
suffered. Jury rendered verdict for plaintiff for
S68.75 and costs.
Judgment was given for pltff., on Nos. 100,
49,
Jury (of inquisition) was drawn in "a, Edward
MARBLE VI. Joseph Ellison. Action on case G.
y. and ]. H. Rodney for pltn., Spruance for
diff. This was an action on a promissory note,
made Feb. 10, 1869, for 81, payable months
| after date, and endorsed by Dirt for the accom-
mediation of the maker. The note had been al
tered after it was made without consent of par
ties, by inserting the words with interest, n
which had been stricken out by pltff q short
time before suit was brought The court charged
| the jury that this was a material alteration by
the holder and for his benefit it voided the
note and discharged the maker and endorser, be-
cause it was not the contract which they origi-
naly made, and the policy Of the law would not
allow holder to tamper with the note without
| consent OF all the parties. The erasure did not
change it it ceased to be contract as soon az
the words we're written, and no repentance (by
act Of erasng) could restore its original validity
30 as to impose any obligation Hpon either par
ty. The court instructed the jury to find fol
the def't.
In No. s, Edwin R. Cochran VS.. John A. Hur-
lock, action Of covenant and award by arbtra-
tors of S6l60G0, the jury rendered q verdict fol
ptn. for said amount with interest from Aug
Is, 1869, making S6776.71.
The remainder Of the afternoon was consum-
ed in arguing certain cases from Justices of
IKE Peace, rules, motions, &c.
On motion of VIM. G. Whitley, John O'Byrnt
was admitted to the Bar Of the Superior CourI
| Of this State.
About o'clock, the general jury were dis
chrged.
Court adjourned at O'Clock, till Saturday
morning at 10 o'clock