Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-11-01

COMMENCEMENT OF THE REGULAR FALL
sRaaION


court retired TO their room. e
The first case which came before the 5
court was the State vs. Robert Wilson.
This was charge Of assault and bat !
berry. The witnesses for the prosecution
made ont u We. Y touching story OF abuse !
and the defendant then told his version !
Of the affair. It all ended In MIR. Wilson
being directed to pay $50 fine aud costs,
and ego and sin no more"
After hearing motion for rule to
show GAUGE etc, and some other business
Of uuimportauce the court proceeded TO
the consideration OF application for
Liquor Licenses. The tirst application
(by Mr.. Fountain called forth cOnsld-
cradle interest. A remembrance was
Immediately read by Ex.Judge Layton
and then commenced the war.
Judge Layton raised the question
as to whether married woman holding
property 10 her own right could become a
| competent signer under the laws. Judge
| Layton held she could not, and eonse-
quently the application then having but
eleven signers, could not be granted.
Mr.. Ridgely, for the applicant, contr0-
verted the opinion OF the cr Judge, and
the Court held 1t ever for their eonsldera-
ton.
At this point the Grand Jury returned
to the court room, aud after presenting
three bills, two against J. Wesley
| Hutchinson for breaking into store and
for larceny, they were dismissed until
tomorrow.
The applications of Justus Lowery,
Amos Cole, Edwin &. Shaw, Charles E.
Foxwell, Tobias b. Merit came up In the
same order, and to each one Of them
Except Foxwell's) remonstrances were
loffrred by J. Alexander Fulton and Judge |
Layton, on various grounds, and III |
the case of Shaw most especially, |
impeachng the moral character |
of the applicant. Messrs. Ridgeey |
Comegys, Massey and Pennington ap.
peared ON hchalf of the applicants. The
iudg, held all the cases over until to-
morrow morning and at u O'Clock the
Court adjourned until tomorrow ut 10,
A. NJ,
Tbs Jury is summoned for the West
trial OH Tuesday, tomorrow but It is
doubtful If it will be reached before
. Wednesday, and, perhaps, not until
r Thursday. There is wide diversity of
$ opinion, but the indications seem to me,
. to be an acquittal.
< The term of Court promises to be short,
o there being no civil cases to be tried, but
= what little is to be done in the criminal
E and iiqnOr liue is likely TO be OF very
lively character. Ii. u. l.
+ SECOND DAY.
- DOVER Oct, 2S.-Ths morning cleared
y no in a good measure, the rain ceased
. falling aud the Gun came out, the contrast
A made between to-day and yesterday,
y showing decided Improvement. The
; court opened this morning at 10 a. IN.
m and after calling the jury, lists the case
of the State us. Elias Purnell was taken
T. luz. II. II. Pennington for State, Beniah
10 Watson for the defence, charge, receiving
IA stolen goods to wit, one % cent note
,r verdict not guilty.
a Tue state ys. /. Wesley Hutchinson
IN negro boy now came up. Two indict
y, ments were pending against Hutchinson
il for breaking into two stores III SouIl
N Murderkill, and stealing some goods
M N. X. Pennington for State, q. IL. b. Day
- for defendant. Mr.. Day asked for time
,,r and Il postponement WAS granted until
or afternoon.
y After hearing d motion for n rule Il
Il, show cause, etc, aud tfansacting som
in minor business, the Court took up tn
~ liquor license applications in their resu
he lar order.
ia. Mr. David p. Stephens, of Frederick
ma not having the requisite number of quail
IN fled siguers, was not approved.
,,y No. .. samnel Huggins, Of Frederick
ny. Defect In qualifications Of signers put a
for eud to him, "uot approved" judy
M, Layton presented the remonstranee
against the above, aud argued for I'll
re- cause of temperance. -
,Id No. 3. Justus Lowory, of Mllior'
ma Judge Layton was on band with II
jn monstranee here, and quite Il lively argI
al ment was commenced. j. Is. fennln.
Il q. Al U.aft
sw much skirmishing, the cause was co
raj tinued To get WITNESSES summoned. II
rha Court now adjourned until 5 p. m.
'act Court opened at 3 O'Clock, and took
of the State Us. Wesley Hutchinson, in w
ri. indictments, for breaking into the Alto
nv of j. Wesley Taylor, at South Murd'
,,tI kill. and MIR. George, of the same pla'
liz and stealing several tritlng articles.
- X. Pennington, for State, and &. IL.
In, Dav. Tor lelendvnt. Gully. -Sentent
Mi November LIT and Sth, TO sand one hu
her in the pillory, twenty lashes each
those days,und two years imprisoumei
, oC with restitution money and costs.
rian Grand Jury now reported some b
med found and were discharged until III a.
the tomorrow.
~ .@ ne Justus Lowery's application now ca
,bsr nm, and Judge Layton took the gron
,,,ed of a faulty description in designating
'1IIe school district. Held over Tor eonside
on ton. ,,,.,,
. IN. Smyrna) were Withdrawn for fatal deie
and as were also that Of Charles PAdleyi
anJ No. g. Charles Smith, Chester Ho
.riar in SMYRNA, now came up, and Hon.
and b. smithers was gu hand with a rem
,om. STRANGE, and made the same point as Ju
zen Layton has previously raised in tia
i i, Justus l.owery faulty description in 2
ing the school district.
inc To fully perceive the nature OF I'll
ppre. objections, need some Information
Ilou- appears that three or four sehooI ulslII
r,can occasionally combine by an act
,ni1c Assembly for certnin purposes, set GU
rans- the act. but for all other purpose
Mel separate. Now in giving the descrlplio
own appears that the petitioners living In
I'm gtiInited School Districts, No., AT
~ etc. - AS they are termed 10y the act, |
oarr. described their location rs being IN
'ncia- of the original districts, aud others re
',"noa their sipners from all the consolidi
districts. still describing themselves
al1e located In one OF the original districts
-,J1,s united. Iha counsel for the reinonstrl
ihcral hold that this is faulty description
arger asnuch rs If the districts are not we
, Nr ns consolidated with reference 10
thst liquor law; then the petitioners
r men failed to comply with law, by not ha
nnJ the reuuiste number OF resident
,,ne,,i. mold sinners, ard ii it is 20 consolida
a vel then the petition is faulty for GYM
GOOD wrong description of the location Of
shirt. proposed tavern by placing II ID Oh
'houId The original districts instead OF loca
rel ~ il in the United School Districts oil =
il Iav. Mrssrs. Ridgey, Comegys and ii
I'D - Pennington, eombattcd the pOsiuo
rs,d to Judge Layton aud Mr. smithers, an
rough Judges held the matter for cousluels
other Judge Layton then took notion
, trnth for the moral side of Mr.. smith, a.
,us The lively examination of witnesses folio
ing ali Held over for decision.
TN nj. No. z. Tobins b. Merritt, continue
No. S. Edwin q. shaw, of Harm
remin- was brought up, aud after some argu
reIone. by Judge Layton for the remOnstrs'
STATES. and Geo. V. Massey, ESD, for the
, Dr. tioner, il was held over, and thoro
- Mr.. tired. the court adjourned until IL
In The tomorrow morning.
inter. AS YOU perceive, no licenses nave
Granted as vet. Judge Layton, "
erenee. most placid expression OF satlsia
frank. pounds away at almost every liquor
lion that comes up. Nothing runiI
terence euuinimity OF that gentleman, and
nck Ia iustincd in my assertion, when
On rnrily believe that the learned gent
=, ,uns- nossesscs mole ddheSiUGnesS than al
l., Il ~ men / eyer saw. The able eiiol
i,,ism Judge Layton are being second
Neesrs. Fulton and Smithers, Wh