Wilmington daily gazette., 1873-05-13
COURT PRooEEpIMos.
NRW VAaILE, MAY u,


The Spring Term Of the Courts Of Oyer and Ter
miner and General Sessions Of the Peace and Jail
Delivery, also an adjourned Session of the Or
phans' Court, for this county, were opened this
morning at IL o'clock.
The names OF the Grand and POtit Juries were
called, sMd George w. Sparks, OF this city, was
appointed by the Court foreman Of tho Grand
JdFy.
1ho regular charge Of the Court TO the Grand
Jury WAS delivered by Judge Wales, who stated \
was the custom to charge the Jury at the Spring
Term Only, instead OF at both Terms % formerly
Judgo Wales spoke OF the ancient origin or
Grand JurieS, which have excited time out OF
mind. Their object being 70 protect the innocent
and bring the guilty 10 punishment read the pro-
visions Of the U. s. and Delaware Constitutions
for trial by indictment, aud the mode prescribed
in the latter for drawing of the Grand Juries
Their action was necessary before any one could
be tried for criminal Olfense. 1t was their duty
to discover all violations of justice and OF law, and
any one Of thOm knowing such facts was bound to
present them to his fellow jurors All indictments
sent 10 them by the Attorney General were To be
endorsed either ''true bill" or ''ignored" Their
deliberations were secret to DO aided by instruc-
tiOns from the Attorney General, the Court il
necessary. The Tnla for their guidance was "to
inquire whether there S sufficient cause to require
party to stand trial before jury of his peers
Twenty -four grand Jurors were summoned, but
not more than % nor less than II sworn, but no
indictment was good unless found by twelve. SO
that person charged with 3 crime was heard by
"a of his peers before conviction. No crime was
so old or stale rs TO prevent indictment, even
though refused by former Jury. Chapters l26
to 1913, incluSive, of the Rev. Code in crimes and
misdemeanors were referred to. Homicide was
defined, and the different degrees Of murderdn the
first and second degree under the Statute, with
the respective Eunishments explained at length
Murder required malicious intent and if tho i'll
tent were to kill, 1t was murder in the first de-
gree; il not intent to Kill, murder in second de-
gree. Manslaughter involved no malicious intent
Express malice was the deliberate design to kill
another Implied or constructive malice is q con-
structiOn OF facts. is from the commission OF On
unlawful act which resulta in death. Justihable
aud eXcusable homicide were also explained. The
j udge further charged the Court upon finding in
dctments in cases of nulsances and msdemean-
ors indictabls at common law. A nuisance was
such use of ones property rs rendered it offsn-
sive to ctlzOns and in violation of the laws OF this
State 1t need net be injurious to health; suffi-
cient If offensive e. 6. bad smells. No length of
time, not even twenty years. will justify the con-
of a nuisance.
The Mayor of Wilmington, Sheriff, Coroner,
Justices OF the Peace and county Constables re-
quired by law TO attend the court on the first day
thereon were successively called.
State VS. Vincent .. Hill. indicted at Novem-
her Term 1872, for obstructng pOblc road nolle
pros. on payment Of costs by defendant
number of liquor cases were settled, mostly
by payment of fines aud costs of prosecution
Among these John Stoecklein was fine e. and
costs each ia % cases, of which for selling
Iiquor to minors, remaining IL, Tor doing the
same (selling llquOr) en- Sundays.
Vincent o. Hill, also fined $50 and costs in
No 80 for selling liquor on Sunday, and nolle
pros. On payment OF costs in several other cases.
State W.. Citizen q. BadsOn, col indicted and
arrAigncd for assault and battery with intent to
kill, on Mary Il. BadsOn his wife, on the l4th OF
last month. Plead guilty" to avoid standing
trial the graVer charge Of burglary with intent
to kill his WIte. Sentenced to pay $1,000, fine
and costs of prosecution, on Saturday next l7th
inst. between Ia o'clock a. IN. and ?. IN. to stand
hour IN pllOTy aud be Imprisoned for years,
commencing May 18th 1873 aud ending 10th OF
MAY, 1878. W. r. HOdRsOR Esq, for prisoner.
The only tFiOd was that OF State vs. Eliza
DoVereauK, indicted ut Nov Term, | S72, for
keeping disOrdeTly house. This consumed
nearly the entire day.
The State endeaVOred to show by the evidence
produced that the defendant, who keeps country
store at Mt Pleasant Station, Ia st. Georges, Hd,
selling liquor ia connection Herewith, disturbed
the neighborhOod with tho crowds OF noisy, swear
ing, and hghtlRg frequsnteFs, mostly negroes, of
her store Counsel for defence endeaVored to prove
the noises were no greater than proceeded from
persons OF that description when collected together
and drinking, and that the disturbance was from
other hOuses in the place. After q short charge
from the Court which the Chief Justice said the
Jury would not consider any disorders prior to
Oct Sth last subsequent to the last term OF the
Court, and that one offence only would not be
ground for conviction. Tho jury retired about
81 p. N and not retuTning by q J. NJ, remained
out all night. Atty. GSnL Love for State. J. Il.
Booth, Esq. for Deft.
State vs.. Mary E. MeotssF, (cOI) indicted for
killing her illegitimAte inlant son, Charles H. Nee
ieOr, on tho llth Of February last, II cutting his
throat with knite. Arraigned an" plead gailty
bat the Court directed plea OF not guilty to be
entered, and assigned for prisoners counsel, w.
Il. HOdgsOn, Esq. Wednesday is set for the trial
State VS. Jas. Heed, indicted for larceny on
March 81, 1879 Of one cloth coat, SlO vest, S. and
one silver watch, &5. property Of Hirnm KimbIe,
arraigned and plead guilty. Sentenced to pay res
titutiOn money $50 and costs, to be whipped on
Saturday next tSbctween 10 an1 p. NJ. with twen-
ty lashes, be imprisoned months thereafter, and
wear conVicts jacket six months after his dis
charge.
The witnesses in the election cases indicted at
last term, were discharged for this term. This is
"A virtual discontinuance of these cases, brought
over from last term, for illegal voting &C. it be-
ing understood that the election cases now pend
ing in the u. s. Court against the Levy Court, and
cOloafors will ha ahandOnad