Wilmington daily gazette., 1873-05-16
COURT PROCEEDINGS.
New CASTLE, May


by orderoi the Court John Reed was discharged |
from custody,
The jury in the case of the State VS.. David l.. |
LeeVy, VINO were out last evening, when the Court |
arose, send in verdict, which on being opened |
was found to be "not guilty"
State VS.. William Byard, indicted for stealing |
watch was discharged from Court. The fact was |
he had confessed the crime, but under the hope
and nducement OF favor, and though guilty, this
evidence was not admissible He was duiv nd.
monshed to "nOt come back again"
State W.. Daniel Clark and John Mullen larceny
OF between three and forty dollars, the property
Geo. w. Talley, about March IL, 1873 Tally is a
country butcher and has stall in market in this
city, and in coming in to market on the above
mentioned day with money above named, the
box containing the money was taken from his
wagon.
Andrew Regan an accomplice said he and the
prisoners met Mr.. Tally on the road Mullen got
INTO the wagon on Wilson's Hill and brought out
the box, carried it to thicket and abstracted
therefrom tho money, went to the railroad be-
tween Elerslie and Bellview and ,divided it and
proceeded thence to Philadelphia,
There was no evidence for the defence and al-
/ ter argument by Deputy Attorney General Bates
for the state, and E. q. Bradford, Jr., Esq, for
prisoner, the jury rendered verdict of guilty.
Sentence OF the Court was, each to pay as res
/ tltution money $3.50 costs, to be whipped on
Saturday next with 10 lashes, be imprisoned for
six months next thereafter, ending November %
1873, and for six months next thereafter to wear
a convicrs jacket.
State VS.. William Bouden, COL, Indicted tor
larceny OF money from Henry Kirtz, by getting
$lO by way OF change for ten dollar advertise
ment bill. Released on his own rccognizauce of
| $780, j. Il. Booth, Esq, for prisoner.
| State VS.. Drew and johnson, indicted for pocket
| picking; retired on payment of costs, under
| the understanding that they will leave the State
VIM. q. Whiteley, Esq., for prisoners.
| number OF recognzlnces were forfeited.
On motion of Deputy Attorney General Bates
| Mary Il. Meeteer, convicted yesterday of murder
in the second degree, was brought to the bar OF
| the court and sentenced. Said the Chief Juatlce
you have been guilty of great crime, and had ii
not been for the humane feelings of tho Attorney
General and of the jury, you might have stood
here convicted of murder in the first degree
Sentenced to pay fine of 5000, costs of prose
cution, on Saturday the 2lth inst. to stand in
pillory one hour, be whipped with GO lashes ant
be imprisoned for life.
| State VS.. James McLanan, indicted for assault
and battery ON Adam Grubb, on Dsc Is, 1873
Tried, and found "not guilty." This was a pri
Vate fight about quarrel OF five cents instituted
, by Grubb in McLanans house, and from whicl
McLIanan arose first best
, State vs.. Isaiah Temple and Geo Morris col.
indictsd for assault with intent to rob one Viii
liam Strickland. The assault took place in thi
city on the night of March %, 1873. Tho prison
ers between them got him down, and the othe
\ holding him by the throat and at the same tim
feeling i'll his pocket, when policeman interfere
with their nocturnal game, and arrested Temple
Morris was Arrested on the morning fOllowin,
i Without argument the Court, by request of pri
D sOnsrs counsel, charged the jury to convict in tn
II case. TWO things were necessary, (I5 an assault
/ (2d) intent to rob. The latter was the most mi
terlal OF the charges and most serious in its cha
Il aeter. Ii tho two were together, and acting
4 concert, and only struck, yet the other woul
ID be equally guilty. An assault may be- very sligh
ID by even a touch. The intent is IA material fact
II bs produced, eau be proved by external circuu
ID stances. The verdict was guilty" Deputy A
N tOrney George Bates for State, John H. Rodne
III and James h. Booth, Esqs., for prisoners. SeI
fenced each to pay fine of 500 and costs, al
ID be imprisoned Is months, ending November l
Of 1874. ..
d. At this term OF oouTt 2S indictments were Sci
Il up to the Grand Jury who returned II of the
NJ "True Bills" Of these one was for murder
ID the first degree for assault with inJeAt kl
VI ono assault with intent TO rob, three for assau
er and battery twelve larceny, one for Teeeivi
ct stolen goods one for nuisance, and one for O
structiHs Pnblic road.
The Grand Jury also Presented Walton, Whal
~ Co, Tor "A nuisance
~ Six cases were tried aud found "gullty,' al
up five mot guilty"
oh The criminal business for this term being Ii
ok ishsd, tho courts were adjourned till Mond
ek morning next, at 10 o'clock