Middletown transcript., 1873-05-24
Preeeedings OF Coars.


charged from custody.
The jury, In the case Of the State ". David L.
Leesy, who were out las, eseaing when the
Court arose, sent in . sealed verdict, which, on
being opened, was found TO be mo, guilty"
State vs.. William B,ard Indicted for stealing
q watch was discharged from Court. The fac,
Was he had confessed the crime, but under the
hope and indncemsnt Of favor, and though
guilty, this evidence was not admissible. Tie
was duly admonshcd 10 mot come back again,
State VS. Daniel Clark and John Mullin, larce-
ny of between thirty and forty dollars, the pro-
periy OF Geo. ". Tally, about March l2th 1873.
Tsllry Is country butcher and has n stall in
market, in Wilmington, and in coming in 10
market, on the above entioncd day, with the
money above named, the box containing the
money was taken from his wagon. Andrew
RYAN, an aecomplcc, said he and the prisoner
met Mr. Tall, on the road. Muliin got in tue
wagon on wilson's hill, and brought out the
box. carried /, 'oa 'hickei and distracted there
from the money went 10 the railroad between
Ellerslie and Bellevue and divided II, and pro-
ccded thence 10 Philadelphia.
There wns no evidence for the defence and
after argument by pcpuiy Attorney General q.
Bates for the State, f. q Bradford, Jr., Esq,
for prisoner, the jury rendered verdict OF
guilty Sentence OF the Court was. each 10 pay
IS restitution money SIS so, costs, and to be
whipped on Saturday next with ten lashcs, be
imprisoned for six months next thereafter ending
November q, 1873, aud for SIX months mex,
thereafter to wear eon'iets jacket.
State ys Vim Boulien, col, indicted for lar
ceny Of money from Henry kirtz, by getting Sl0
hy way of change for q ten dollar advertisement
Till Released on his own rccognizanee OF 500.
J. r Booth Esq. for prisoner.
State vs. Drew and Johnson, Indicted for
poke, picking retired on sment o. costs, un-
der the understanding that they will leave the
State. Vim. g. Whitley, Esq for prisoners
number OF rerosnizsnces we're forfeited
On motion of Deputy Attorney General Bates,
Mary +. Meeiccr, convicted yesterday OF murder
in the second degree was brought 10 the hHr o'
tile Court and sentenced said the thir' Justice
YOU have been guilty of a great crime, and had
it no, been tor the humane feelings VI the At
,aruey General aud Of the jury, tog might nave
stood here convicted OF murder IN tEr hrs, de-
gree Sentenced 10 pty fine OF S5uupi costs oi
prosecution, on Saturday, the .iih inst, 10 siau'!
.n the pilicry one hour, he WHIPPED with w
,ashes and hc imprisoned Tor lite
State ". James Ncl-anan, indicted for assault
and battery On A dam Grub. on Dec. ls 1873,
tried and found " not guilty MS was lfi'
vaie fight about quarrel oi h'e csaisi Instituted
Us Grub in MeLAnans house aud iioin wh.tA
McLanan arose first best,
State vs lsiah Temple aud George Morris, col.
indicted for assault With intent 70 rob one ~
Strickland The assault TOOK place IN iim,n.
ton. on tho night OF March 25;hi 1873. In,
prisoners between them 20, him down, onc
Knocked him down, and the other holding hlh
hy III. throat and nj the same time iee'ihg IA hi'
pocket when n policeman iniesicted WIN lhti
nocturnal game and arrested Temple hOlr'
was arrested on the murnlug following iih'
out argument, the Court ug request " lf''J'
uers counsel charged the jury, 10 cou'ie' in 'Nii
case 'wo iLiugs were urcc'saty. l. ah assault
2 Intent 10 rob, The latter was TIE most ma
teriAl OF The charges, ana most serious 10 ~
0 IL. . 4H
con rrt and on.A one slitt", !tl ihr "thci
would lie cqutiiy guilty. An assault inH! l'
very slight, hy even tries, IIe .rit'@ IS
! material fact 10 le proved Gan Pc ltoyc. u.
external circumstances. The rrtdie' NJ. s"i,H
/ Deputy Attorney General Bates tor state, sou!
/ II. Rodney and james boo'hl h'i'st ~
/ prisoners ScatrEcrd each 10 pa! . hue "i 80
! and costs and be imprisoned Is niuaIusr eni.us
/ NuY ~. 1874.
/ 4, hi, term of Court. 2s indictments wer
| sent up. 10 the Grand Jury, Who returned - g
7 them ''irue liils ~ thvsr one wa, iur mntic
Z 10 the FIST drgrte, oue tor assault WIN intent Il
t XIII one assault with intent 10 rob, three iut as
/ sAust aud battery t@rac tor latt,HA, .he tot tt
+ reisin. stolen goods, one tor nuisance, aud oH
I iJr u sllucuu. ! pubIgs ropI. He huaAd JuT
also presented Walton " hatn e., iuf j. nui
+ sanee. 81 cases we're liird ali found gun!
i aud i've Hoi .sittN.
Tile criminal business 'or this term brins i!n
/ ished the Courts were adjourned IA! agndA
morning next Rt 10 riuek.
MospAy, MAY 18th 1879.
The Courts OF Oyer and Tcrmntt aud brhri
4 al Sessions OF the pctet and Jaii peihety, au
/ IN. Suprrnr Courts of New Castle Vounit wcr
opened At 10 \ NJ, Immediately AFTER which ih
/ Cnnr, ui oyer and icrn,tacr was adj"urne
sire DE
The first order Of business was the readin
over the trial iisi, aud dIsposiue y lhe c"tt
there hy marking them ioF trial cnhiinuanee .
Olhera ise ns the cas-. may be Iets CONSUME
abou, one hour, The FIRST case tried ~. HAT ,
! Charles : Ga.ltes IS Minor II Bethei heihs I
the cnse un certain ptanissorN noie ioI - 2
given y Samuel $ Aorrru.s ~ lfiah Aofvrus
endorsed by Utiah Nortross, aud afterwards b
Samuel ). Norcross 10 the trm maine OF Aorpro'
4 Beckett.
Sarcross had been originally sued with Becs
cit but was returned non at iHtniHs hcnce u
suit against Becktlt only. The hfst witnrs
called hy counsel Tor Plaintiff, vas Samuel
Noreross who proved IT,, making ant eaiora'H
The note as aforesaid, ani was questioned as
the firm name lring endorsed Gy A.m with u
cousen, OF the d-'cndrut At tins point u
counsel for Deiente objected nrd an tlghora
argument followed. The dcicnce insisting tn
the endorsement Of conl,acrcsai paper ~ thr is
name gss primd tieie outside oi the p'Tinersh
powers This was II uoie given i"r the ND wa
al. anievedenl dehi OF Nuteross aud that y
member Of the firm endorsing u ass !"
competent TO prove his partner assent - y
same. For the Plaintiff It Was e"nicnd,i ~
this was perfectly legitimate irans"t'i"h
done with the consent ni The partner aoash'
he charged, and tiut no fthhd had Teen sho"
or alleged by the picndines 10 exclude TIE vi
ness. Also that the We diet "ouli not eject u
witness, as he would he lishle 10 hc sued els
where on this note. Authorities pro ana &C
were cited. the Defence relying mainly on !,
case OF Ni,hill vs. Cooper 5'h Plckerlng, ~
!, and on some New York aud English decisions
The Court decided to exclude the testimony
the witness ing that he was not competent
, establish the fact which lie was called 10 prov
+! viz tina, his co-pariner at the time the note v
given assenird to his endorsing II in THE M
name. lie was interested in This suit 10 'hit
one half Of the debt on his partner, and u
|. Judgment could be given in the evidence ngait
hiu,.
Another witness was called who proved thu
facts and Bcckcus assent TO the use OF the ~
1 name. The case was submitted without arr
o men, and the inry rendered verdict for
Il Plaintiff for $40n.i5.