Wilmington daily commercial., 1873-10-29

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THEM OUT or TTAE-NONE THROUGH, YET.
| Correspondence Of the Commercial
o. u . Dover, Oct. 28.
This morning cleared up in . great measures
the rain oeased falling and the sun came out the
eoptrast made between to-day and yesterday
showing a decided Improvement.
2 court opened this morning at 10 O'Clock, and
after calling the jury lists the of the State
| ps Elias Purnell was taken up. H. r. Pepning-
ton for State, Benah Watson for the defence
Charge, receiving stolen goods. to-yit one 25
| cent note. Verdict Not Guilty.
q The State Us. J. Wesley Hutchinson, negro, was
| called. There were two indictments against
this def't. to-wit: for breaking into two stores
10 South Murderkill rAnd stealing some goods
II Il. Pennington for State, O. Fl. d. Day for
| deft. Mr.. Day asked for time and the case was
postponed until afternoon. 49, .ls III.
After hearing motion for rule to show
cause etc., and transacting some minor business
the Court took up. the Liquor Licenses in their
Mr.. David p. Stephens Of Frederick not having
the requisite number Of qualified signers was not
approved.
No 2. Samuel Higgins of Frederick, defect in
qnallhcalion OF signers, put an end to him, mot
approved" Judge Layton presented the remon.
strances, against the above, and argued for the
cause of temperance.
No. s. Justus Lowery of Milford, Judge Lay
top was on hand with a remonstrance here, and
Hhfeo hNey hlkukuoub WEE UDultntnCbu+ d. ID.
Pennington was counsel for the petitioner. After
much skir nishing che cause was continued to
gef witnesses summoned The Court now ad-
journed until 8 p. NJ
Afternoon session Court opener at three
oclock, and took mp the State us. Wesley Hutch
lnson 10 two Indictments for breaking into
store of j. Wesley Taylor in South Murderkill
end Mr. George at the same place and stealing
several triffing articles. III. r. Pennington for
State andC. II. B. Day for defendant Guilty
Sentences Nov. LIST and 9Th to stand hour in
piliory, 20 lashes each of those days and two
years imprisonment with restitution money, and
costs.
Grand Jury now reported some bills found
and were discharged until 10 A. M. tomorrow.
Justus Lowerys application now came up and
Judge Layton took the ground of a faulty de-
scription in designating the school district.
Held over for consideration.
Nos. and MRS. Wallace of Smyrna) were
withdrawn for fatal defects as was also that of
Chas. Padey, of Leipsic.
No. 6, Charles Smith. Chester House, in Smyr-
na now came up and Hon. N. B. Smithers was
on hand with remonstrance and made tho
same sppint as Judge Layton has previously
raised in that of Justus Lowery-f faulty
description in giving the school district.
Fo fully perceive the nature of these objections
needs some information. 1t appears that three
or four school districts occasionally combine by
an act of assembly for certain purposes set out
~ the act, but for all other purposes are separate
Now in giving the description 1t appears thst the
petitioners living in such United School Dis
tricts sNo--and-etc" as they are termed by
the act, have described their location as being in
one of the original districts, and others select
their slgners from all the consolidated dis
triets, still describing themselves as located
in ore of the original districts so united.
hold that this is Q faulty description inasmuch
as If the districts are not viewed as consolidated
with reference to the liquor law than the petit
TONERS have failed to comply with law by not
haying the requisite number resident freehold
Aigners and il it is 30 consolidated then the Pc
tition is faulty for giving wrong description Of
the location Of the proposed tavern by placing it
in one Of the original districts instead of loest-
ing it in the United School Districts of --
etc.
Mr., Ridgely Mr.. OQmegys and Mr.. Pennington
cornbztted the position OF Judge Layton and Mr.
smithers and the Judges held the matter for
consideration.
Judge Layton then took a notion to 90 for
the moral" side of Mr.. Smith and lively exam
nation of witnesses followed. Held over for
decision.
No.-7Tobias Merritt, continued.
No ., Edwin Shaw of Harrington was brought
up, and after some argument by Judge Layton,
for the remonstrants, and Geo. v. Massey Esq,
for the petitioner it was held over and
the court adjourned until 10 A. M.
tomorrow morning. AS you perceive no licen-
with most placid expression of satisfaction
pounds away at almost every Ii
quor petition that comes up. Nothing
ruffles the equanimnity of that gentleman,
ana am Justified in my assertion when say l
verify believe that the learned gentlemen pos
sesses more ddhesiuerless than any ten men
ever saw. The able efforts OF Judge Layton
are being well seconded by Messrs. Fulton &
Smithers who are retained for some of the re-
nonstrant. No certain time is yet fixed for the
West trial. As soon as possible is the wish Of
all parties concerned. Judge Gilpin has not
been here yet and we are told that he is quite
sick.
CATION or something Of the kind that is here |
from New Castle to interview Coy Ponder on |
the Reoordership of New Castle county. have
not been able to verify itmyself, but my infor-
nation comes from prominent member of the |
bar hara.