Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-10-18


his property Is situated. II.
SECOND DAY.
GEORGETOWN, Oct. 15.-The Court met
this morning at 10 o'clock, and the con-
sideraton of liquor license applications
was resumed. The application OF Rich
ard Westcott, proprietor of the Eagle
Hotel here, which ! referred TO in yester.
days letter and nay postscript Of to-day,
was rejected on the ground that two oil
the slgners' name were written by an
other party and not aitested as provided
in the law. Had 1t Lot been rejected on
this account II would have been because
OF the absence of the proper number Of
names Of substantial freeholders alta ched
to the application. Several partief own
ing property here, but living elsewhere,
signed Mr.. westcott's application, but
according to the decision of the court
they were not qualified to sign.
Tue Court then proceeded To give what
II considers a reasonable interpr, tatiOn
of the new liquor law, in substance as
follows;
The Court believed public houses were
necessary aud that 1t was not tue inten-
ton OF the law " crush out them out.
nor does IL contemplate anything of the
kind. Regarding the clause relating TO a
substantial freebooter, the Court said by
this was meant a man of substance, not
the possessor Of half foot of land, and
while property had much TO do with
making q man a substantial freebooter,
the moral aspect and surrounding circum'
stances had more. The treeholder might
live in London, but he knew nothing
. of the needs of the school district In
which the proposed tavern was to bt
located, knew nothing of the person
applying for the license, and therefore
was not qualified as a signer. II Is MOI
necessary that the lands be within thu
lines of the district, II In the county, bu
the signer must.
Immediately after the Court decided
against granting Mr.. Westcott license
he closed his b. use to the public, and /
: It remains closed the community mus
suffer, for one public house here canno
accommodate the throngs brought to
gelher by the courts.
Attorney General Lore argued the caus
> of the temperance people with mucl
, earnestnees and ierVor and made out a
excellent case.
, The license Of Mr.. Wood, of the. Brio
Hotel, runs until spring, when il is prob
: able his house will be closed unless hl
j license Is renewed. If the house is CLOSED
Georgetown will have no accommodation
] whatever for strangers.
I To show that public houses conducte
on temperance principles eau succeed
: the friends of temperance will be advised
! through the lodges. of Good Templars
, the county, to patronize Mr.. Westcott
house II he taxes out q license 10 condu'
D a public house, which, II Is said, he ca
!, do under the provisions Of an old law
Z be found In the first volume Of Delawal
@ Laws.
There Ia much indignation and regr
expressed by a certain class at the failu
of Mr. Westcott TO obtain a license, Viii
the friends of temperance, though hrr
81 fear a reaction. There was much drlnl
1t ing and carousing in town yesterday al
d several arrests were made.
re Besides the indictments referred to ye
terday, the Grand Jury have presented
d few indictments for larceny, &c.
D The trial Of Menilie, for the murder
u Burton, is ruled for tomorrow. Ii.
'u THIRD DAY.
is GEORGETOWN, Oct. 49, The third day
Of session OF the present term Of the Suss'
n County Courts was opened Yesterd
\. morning at 10 O'Clock. The whole Of t
rs morning was consumed ln consideril
be seven liqusr license applications, but no
" of them came up TO the ruling Of &
4 Court and therefore not single llcen
3 was granted.
on When Court met In the afternoon d
LIS case of Foskey, indicted for an atten
Tx at rape, was called and Jury empanei
with but little difficulty. The proseC
'er ton opened with brief statement OF
of case and then proceeded TO examine
nd witnesses. The testimony, though &C
elusive of the guilt OF the prisoner, "
nd not interesting, and the defense, with
en- uphill work, did the best that could
les done under the circumstances. The
III dence was brief, as were the argumei
ma of counsel, aud at night tue case
given " the jury, who subsequently
la turned with a verdict Of guilty.
18th Foskey heard the verdict with
me little concern and when asked to stt
iu. up 10 receive his sentence, did so in
las most matter of fact way. The court q
are proceeded 10 sentence him to stand In
pillory one hour on Saturday, next, ia
the whipped with thirty lashes on the sa
the day, and to be Imprisoned ten yes
ital Foskey seemed rather pleased with
ex- verdict and sentence, piobasly was
49, oiced that they were not so severe al
nd expected.
art The Grand Jury have been engae
llb- principally, 10 investigating petty lare
1906, and assault and battery cases, and
tied probably complete their labors and
ruit discharged tomorrow.
s OF From present appearances there VII
. OF but one or two civil cases tried. To
ates Menille will be put on trial for the
iult. der of Burton, and the whole day
the doubtless be consumed In examina
lof witnesses and arguments Of eouns'