Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-05-17

State ". william Byard. Indicted for
stealing watch; was discharged from
Court. The fact was he had confessed
the crime, but under the hope and Induce
ment OF favor, aud though guilty, this
evidence was not admissible. He was
duly admonlshed to "noi come back
again"
State rs. Daniel Clark and John Mul
lin, larceny Of between three and forty
dollars, the property of George w. Tally,
about March 18th, 1878. Tslley Is a
country butcher and has stall In market,
In this city, and in coming In TO market,
on the above mentioned day, with the
money above named, the box containing
the money was taken from his wagon.
Andrew Ryan, an accomplish, said he
and the prisoner met Mr.. Tally on the
road. Mullln got 10 the wagon on vii
sons hill, and brought out The box, car
RED IL TO a thlcket and distracted there
from the money went TO the railroad
between Ellersile and Bellevue and d.
vlded II, and proceeded thence to. Phila-
delphia.
There was no evidence for the defence,
aud after argument by Deputy Attorney
General g. Bates for the State aud K. @.
Bradford, Jr., Esq., for prisoner the jury
rendered verdict Of guilty. Sentence
Of the Court was, each 10 pay as restitu-
tiou money $3.50, costs and 10 be whipped
on Saturday next with 10 lashes, be i'm.
prisoned for elk months next thereafter,
ending Nov. %, 1878, and for six months
next thereafter to wear q convict's Jacket.
StateVs. William Boulder, COL, Indicted
for larceny of haoney from Henry Kirtz,
by getting $40 by way of change for
ten dollar advertisement bill. Released
on his own recognlzance OF 800. ]. r.
Booth, ESQ.,, for prisoner.
State W. Drew and johnson, Indicted
for pocket picking, retired In payment Of
costs, under the understanding that they
will leave the State. VIM. G. whitley,
Esq, for prisoner.
A number Of recogniEances were for
feted.
On motion Of Deputy Attorney General
Bates, Mary r. Meeteer, convicted yes
terday Of murder In the second degree,
was brought to the bar OF the Court aud
sentenced. SAID the Chief Justice, you
have been guilty OF q great crime. and
had II not been for the humane feelings
Of the Attorney General and of TIE Jury,
you might have stood here convicted OF
murder in the first degree. Sentenced to
pay a fne Of $4,000, costs of prosecution,
on Saturday, the 24th inst, 10 stand In
pillory one hour, be whipped with &C
lashes and he imprisoned for life.
Stale rs. James McLsnan, indicted for
assault and battery on Adam Grub on
Dec, IS, 1873, tried and found "not
guilty." This was private fight about
quarrel Of five cents, instituted by
Grub In McLauan's house and from
which McIanan arose first best.
State Us. Islah Temple and George
Morris, COL, Indicted for assault with
intent to rob one William Strickland.
The assault took place In this city on the
ulght of March 20, 1873. The prisoners
between them got him down, one knock
ing him down, aud the other holding him
by the throat and al the same time feeling
in his pocket, when a policeman interfersd
with their nocturnal game and arrested
Temple. Morris was arrested on the
morning following. Without argument,
the Couit by request Of prisoners counsel
charged the jury, TO convict 10 this case
two things were necessary. l. An as
sault. 2. Iutent TO rob. The latter was
the most material of the charges and
most serious IN Its character. II the two
were together, acting In concert, and
/ only one tttuck3 YET tue OlneI Woulu oe
equally guilty. An assault may be very
slight by even trick. The intent Is q
material fact to be proved. Can be proved
by external circumstances. The verdict
was equity" Deputy Attorney General
Bates for State, john II. Rooney and
James r. Booth, Esqs., for prisoners.
Sentenced each to pay due Of $500 and
costs, and be imprisoned Is months, end.
ing Nov. IA, 1874.
At this term of Court, 2s indictments
were sent up TO the Grand Jury, who re-
turned 81 ofthem "true bills" OF these
one Was for murder IN the first degree,
one for assault with intent to kill, oni
assault with inteut to rob, three fol
assault and battery, twelve for larceny
one for receiving stolen goods, one fol
nuisance aud one for obstruellng public
road. The Grand Jury also presented
Walton, Whann g. Co., for a nuisance
Six cases were tried and found guilty
and FIVE not guilty.
The criminal business for this tern
being finished, the Courts were adjournet
till Monday morning next at 10 O'Clock