Wilmington daily commercial., 1873-05-13
FIRST EDITION.
cuURTFR FRucEEDlnus.

New CASTLE, May 12, 1873.
The Spring Term OF the Courts OF Oyer aud
Termlner and General Sessions of the Peace and
Jail Delivery, also an adjourned Session of the
Orphans Court, for this county, were opened
this morning, at II o'clock.
The names of the Grand and petit Juries were
called, and George W. Sparks, of Wilmington, was
appointed by the Court foreman of the Grand
Jury.
The regular charge of the Court to the Grand
Jury was delivered by Judge Wales, who stated
it was the custom to charge the Jury at the
Spring Term, only, instead of at both terms as
formerly.
Judge Wales spoke of the ancient origin OF
Grand Juries which have existed time out of
mind, their object being to protect the innocent
and bring the guilty to punishment; read the
provisions in the U. g. and Delaware constitu-
tions for trial by indictment and the mode pre-
scribed in the latter for drawing of the Grand
Juries. Their action was necessary before any
one could be tried for criminal offense 1t
was their duty to discover all violations of JUS
tice and of law, and any one of them knowing
such facts was bound to presen them to his fell
low jurors. AL indictments sent to them by the
Attorney General, were to be endorsed either
true bilF or ignored" Their deliberations
were secret. to be aided by instruction from the
Attorney General, or the Court, il necessary.
The rule for their guidance was "to inquire
whether there is sufficient cause to require
party to stand trial before jury of his peers".
Twenty-four Grand Jurors were summoned,
but hob AAioto tildu 60 hoF ldbh tidH IL, sworn,
and no indictment was good unless found by 12;
30 person convicted of a crime was
heard by "a OF his peers before convic-
ton. No crime was 30 old or stale as to
Prevent indictment even though refused by
former jury. Chapters 1876 to 133 inclusive of
the Revised Code on crimes and misdemeanors,
were referred to. Homicide was defined and
the different degrees Of murder in the first and
second degree under the Statute with the respec-
tive punishments explained at length. Murder
REQUIRED malicious Infant and if the infant
were to kill, 1t was murder in the first degree il
not intent to kill, murder in the second degree.
Granddaughter involved no malicious intent. Ex-
press malice was the deliberate design to kill
another, ,impliedo or constructive. Malice is con-
struction of law from the facts as from the COM
mission of an unlawful act which results in
death. Justitiable and excusable homicide were
also explained.
The Judge further charged the Court upon
finding indictments in cases OF nuisances and
misdemeanors indctable at common law.
nuisance was such use of ones property as rem
dered it offensive to citizens and in violation of
the laws of the State. 1t need not be injurious
to health, sufficient il offensive e. g. bad smells
No length of time-not oven 20 years-will JUS
tify the continuance of a nuisance.
The Mayor OF Wilmington, Sheriff, Coroner,
Justices of the Peace and County Corstables re-
quired by law to attend the Court on the first day
9hereof were sucoesslvely called.
State u.s. Vincent o. Hill, indicted at Nov.
Term, 1872, for obstructing public road. Nolle
pros entered on the payment of costs by Defend
ant.
number of liquor cases we're settled mostly
by payment of fines and costs of prosecution.
Among these John Stoeckleiu was fined 50 and
coats in 20 cases, u Of which were for selling
liquor to minors The remaining IL, for doing
the same (seling liquor) on Sundays.
Vincent o Hill, was also fined $40 and costs
in case No. 80, for selling liquor on Sunday, aud
a mol. pros, was entered on paymeAt Of costs in
several other cases
GNafa no n na1 al nIor f.,Ito al
ment and arraigned for assault and battery with
intent to kill Mary Il. Badson. his wife, on 14th
of last month. Plead guilty to avoid standing
trial the graver charge of burglary with intent
to kill his wife. Sentenced to pay $1,000 fine and
costs of prosecution. on Saturday next. 18th
inst, between 10 o'clock A. M. and 2. NJ, to
stand hour in the plllory aud be imprisoned for
8 years, commencing May 18th, 1873, and ending
10th OF May, 1878. W. Il. Hodgson, ESQ, for
prisoner.
: The only case tried was that of State us Eliza
Devereaux, indicted at Novemb Or term. 1872, for
keeping disorderly house. This consumed
nearly the entire day. The state endeayored to
show by the evidence produced that the Defen-
dant who keeps a country store at Mt. Pleasant
station, in st. Georges Hid. selling liquor in con-
nection Herewith, disturbed the neighborhood
with the crowds OF noisy, swearing and fighting
frequenters, mostly negroes, OF her store.
Council for defendent endeavored to prove the
noises were nogroater than proceeded from per-
SONS of that description when collected and
drinking and that the disturbance was from 9TH
er houses in the place. After short charge
from the Court, in which the the Chief Justice
said the Jury would not consider any disorders
prior to Oct. 8th last subsequent to the last
term of court, and that one offense only would
not be ground for conviction, tile Jury retired
about 81 p. NJ, and not returning 6 r. NJ, re-
manned out all night Attorney General Lore
for State. J. r. Booth, ESQ., for Defendant
State Us. Mary E. Metesr (coD indicted for
killing her ilegitimate infant son, Charles E.
Meteer, on the 11th of February last by cutting
his throat with knife. Arraigned and plead
guilty" But the Court directed plea of
mot guilty" to be entered and assigned for
prisoners counsel W. Il. Hodgson Esq. We'd
nesday is set for the trial.
State Us. Jas. Reed, indicted for larceny on
March 3lst 1873, OIL cloth coat $40, vest. $5,
silver watch, So, the property of Hiram Kmble.
Arragned aud plead guilty" Sentenced to
pay restitution money, $40 snd costs, to be
whipped on Saturday next between 10 and P
M. with 20 lashes, be imprisoned months
to wear conyicts jacket for six
months after his discharge.
The witnesses in the election cases. indicted
for last term, were discharged for this term.
This is virtual discontinuance of these cases,
brought at the last term for illegal voting &c.
it being understood that the election cases now
pending in the U. 8, Court against the Levy
Court and collectors will be abandoned.