Middletown transcript., 1873-11-29
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Walsh.
The msst important cass tried wss that u the
Stass -. Alex. Wright, alias Hawkius (ueg.l
indicted oa the charge OF stealing . horse from
Wilton S:esss, Of Mil Creek Hd., Of this county.
Tie Shsri6 ef Cssil county, Nd, arrssssd The
srssss q prison I s... Ts. tos ~ rso,.S 3
NJ. Steele. Jury rendered . verdict wishoas
lsavtng The bog. The seatencs Of she Court waA
pay . restitution money 10 Mr. Ssssls $500 and
costs 81 prosecution, on nsxt Saturday 70 STAND
IN The pillory 80 minutes, TO be whipped with 20
lashss, bs inprisonsd for six months, eommens-
1914, and for six months thereafter wear = Co.'S
victs jacket. Attorney General for State.
THURSDAY.
The trial q petty larceny cases was continued.
The 6rst called was that OF Charlotte Gressar,
Indicted for tho larceny of a lsdy's hat and
sscqns from Mary Mcdaniel. Tho evidence was
not complete and if Charlotte had held her tongue
she might have got OF but she admitted that she
was with . woman who took the things. Sent
esced 10 pay SEQ, rcstiiu,e money aad be i'm
prisened one year.
State vs. Ghas Stevens, fneg.) indicted for
making an assault on policeman Writ, with n
razor. Verdict. Guilty. Scatsnced TO pay
$lO0 fine, and be imprisoned one year.
The rccognixance Of John whitlock wns for
ssitNd. This WAS the case of,he assault on VIII
liam Nilsr.l
State Us. WIN. Stuart, indicted for making an
assault on constable Geo. G. Ward, Of Whining
ton, whilst trying 10 arrest him for disturbing =
religious meeting at Epworih Chapel. Verdict
Guilty. Sentenced to pay Sio0 fnc, costs, ssd
stay In prison one year
The same person plead guilty to o charge Of
disturbing = religious meeting A. the same place.
Thomas Wolf Was tried aad acquitted of n
charge OF making an assault on Const. Ward
while endeayong TO arrest Stewart.
In the case Of State vs. Owen Tomlinson for
an assault on the Laymans at fiare's CorRcr LAST
June, the jury found vsrdic. ofguilty, but the
Court deferred sentence, on the ground that II
appeared 10 be case Of mutual assault
The hrst case tried after the opening of Court,
was tha, Of the State vs.. William Jones, col,
whose recognixance was forfeited yesterday,
Henry Pickles, being bail for Jones appearance.
As William had been present during the term,
this forfeiture WIS taken of. The defendant was
indicted for illegal voting, the alleged offence he
ing that he had voted twice, on the September,
the day OF the city election, In Wilmington, once
In the Fourth Ward, As VIM. Fisher, and once In
the Third Ward, m William Jones.
The facts were clearly proven In the trial. bu,
counsel for defendant moved the Court for an
acauittal, on the ground Of failure TO prove the
I'll r.. gk. .s1i
was alleged to have voted in the Fourth Ward,
"a, the most son,hsrly window Of the City Hail.
| locking into Marke, street - these words being
the iasguage used In the statute, when the clec-
,ious In tho Fourth Ward, were held 10 that
place. But since the erection Of the area in fron,
Of the City Hail. said elections have been held a,
the window in tho noihcrly side Of the hall, look
| ing towards the Sarilie building; and as the
evidence showed the vs,e Of Jones WAS cast At the
this last named place. This wes the vnriasce for
| which mn scqui,,sl was asked
Mr.. Bates. for the State admitted that the
| polls in the Fourth Ward, rs proved differed from
those alleged in the indictment. The indctmen,
had been drawn according TO tho Statute Law, II
the voting proved was not sufficient TO sustain
indictment, II was not sutiicien, 10 sustain the
| election.
That the aycrnent was mere surplusage The
facts were proven that he did vote In the Fourth
| Ward, and subsequently, in the Third Ward, q,
the same election. This second act of voting
was clearly proven, ne laid in the indictment and
| this constituted the offence charged.
The Court said there was no evidence OF a
change Of polls, and no evidence TO show who
were the Inspector and Judges or that they had
| held an election. II the latter had been proved
| Il would be fairly presumed that they had chang
| ed the place Of clsciion. This Is misdeserip-
tion Of material matter, and the variance be-
| tween the proof and the allegation 10 fatal. A
noiie pYcssgni wns not allowed to be entered, and
| the Court directed the Jury to return . verdc,
| mot guilty." which Vas accordingly returned
Slats vs.. Charles Polk, COL indicted for assault
and battery, on Ssp,cnbsr 20, 1873, On one
Allison Collins also colorsd.
| The fsc.s proven were that at . festival, held
on the goth Of last September, al the colored
peoples church, in Odcssa, Charles Polk raised
| . disturbance, and assaulted the crowd, gener.
| aly, first with n stick, aud then razor, he bc-
| Ing at the time, under tho influence Of liqaor
Counsel for defendant, contended that IL had mol
bern sufficiently proven by the State, that III,
alleged offence was committed In this county
and within tho jurisdiction Of this Court, and
also relied upon contradictory evidence 10 dis.
credit that Of the prosecuting witness.
| Tn the part of the prosecution, the Court, Wal
requested 10 charge the jury, lst, that II they
| found the offence WAS proven 10 have occurred ID
Odessa, the Court would take notice that II wal
In this county and that this was suficient proc
1
dad tho prisoner guilty Of an assault only
Amer argument BY the respective counsel, III,
Court charged the jury ito the eject abov,
stated ms requested, on behalf Of the State, and
tho jury retired, who shortly returned with /
verdict Of mot guilty In the manner and form
as he stands indicted. but guilty Of m assault =
| The sentence was 10 pay . fne to the State o
Delaware, Of S25, and cost Of prosecution, s:.t
be remanded TO custody Of the Sheriff I'LL th
| sentence be carried into execution. Waiic
Cummins Esq., for State, William G. Spruancs
ESQ.,, for defendant.
The following prisoners having served their
term Of imprisonment were discharged :-Johl
Duckue, Joseph Richardsoa, Charles Booker
David drcsn, Henry Smith, Edward Scott, VIM
Watson, Joha Keller, Edward NcAullsy AMI
Albert Gross.
| AT I o'clock, r. n, the Courts wsrs adlours
ed until Monday moruing SECT, at 10 A. y.
MONDAY.
| Ths Courts Of General 9essions Of the Psace
Il X.