Wilmington daily gazette., 1873-11-22
PRooEEplM0s or COURT.
Ntn cAsrLr. DEE, Nor. %. ls1s.


The first case tiled after the opening of
Court, was that of the Stale as. William Jones,
COL, whose recognizRDce was forfeited yester-
day, Heply Pickels, being bail for Jones ap
peaTance. As William had been present dur
ing the term, this forfeiture was taken of. The
defendant was indicted for illegal voting,i the
alleged offence being that he had voted twice,
on the September, the day of the city election,
IN Wilmington, once In the Fourth Ward, as
VIM. Fisher. and once in the Third Ward, as
William Jones.
The facts were clearly proven IN the trial,
but counsel for defendant moved the Court
for an acquittal, on the ground Of failure to
prove the material facts alleged in the indict-
ment. Jones was alleged to have voted in
the Fourth Ward, "at the most sOuther ly
window of the City Hail. looking into Market
street - these words being the language used
in the statute when tho elections in the Fourth
Ward, were held in that place. But since
the erection of the area in front Of the the City
Halt said elections have been held at the
window in the nOtherly side of the hall,
looking towards the Saville building; and as
the evidence showed the vote of Jones was
| cast at this last named place. This was the
variance for which an accQuittal was asked.
Mr.. Bates, for the state, admitted that the
polls ia the Fourth Ward as proved, differed
from those alleged in the indictment. The
indictment had been drawn according to the
S.atute Lao, If the voting proved was not sut-
fcient to sustain indictment, 1t was not sufhci-
| ent TO sustain the election.
That the aveTment was mere surplusage.
/ The facts were proven that he did vote in the
Fourth Ward, end subsequently in the Third
| Ward, az the same election. This second act
Of voting was clearly proven, as laid In the
indictment and this constituted the Oftente
/ charged.
The Court said there was no evidence OF a
charge Of the polls, and no evidence to show
| who were the Inspector and judges, or thai
/ fhaKT nd hal or oil III the later
been proved, it would be fairly presumed that
| they mad changed the place of election. Ihls
is a Risdescript.On of material matter, aud
the variance between the proof and the allie
CATION is fatal. A HOi,e prOseQut was not al
lowed to be entered, and the Court directed
| the Jury 70 return verdict of mot guilty,
which was accordingly rendered.
State Is. CHARLES B0lk, col, indicted for as
saut and battery, on September 30, 1873, or
onelAllison Collins, also colOred.
| The facts proven were that at festival
| held on the Goth of last September, at the col
ored peoples church, in Odessa. Charles Polk
raised disturbance, and assa qlted the crowd
| generally, first with stick, and then razor
he beirg atthe time, under the influence Qt Ii
QuOr Counsel for defendant, contended thai
il had not been sufficiently proven by the
| State that the alleged offence was committed
in this county, and within the jurisdiction Oi
this Court, and also relied upon contradictor
evidence TO flseredft that o. the prosecuting
| witness.
on the part Of the prosecution, the Court
was requested to charge the jury, lst, that il
they found the offence was prove ID have oc
CURED in Odessa, the Court would take notice
that it was in this county, and that this wa
was a sufficient proof of the c'7u:. End, tha
they, (the iury) might fin0 the prisoner guilty
1 OF an assault only. After argument by the
respectlye counsel, the Court charged the jury
| Ito the effect above stately as requested, OF
behalf of the State, and thA jury retired, VIII
shortly resurned witha We de- of mot guilty
in the manner and form as lie stands indicted
but guilty of an as ut" The sent 9nee we
pay q fine to the State of Delaware, OF S25
aud cost of prosecution, and be remanded Il
the custody Of the Sheriff till this sentence b
carried into execution. Walter Cummins
Esq, for State William e. Spruance, Esq, TO
defendant.
The following prisoners having served thei
term OF imprisonment were discharge l:-JOhl
DuckuP, Joseph Richardson, Charles Booker
David Green, Henry Smith, Edgard Scott
VIM. Watson, John Kelley, Edward McMulle!
and Albert Gross.
Alta O'Clock, p. NJ, the Courts were ad
journed until Monday morning next, at 10 A
n.