Wilmington daily commercial., 1873-11-22
Court I'rooeediags.

NEw CASTLE Nov 81, 1873
The first case tried after the hearing Of the
court WAS that Of the State gs william Jones
(co), whose recoguizAuoe was forfeiIed yester-
dy Henry f pickes beidg bail for Jones ap
psarance. As'Wiillam had been present during
the term this forfeiture was taken oil Tue de
fendant wsH indicted for il ega yotiLg, the. al
legged offence beiug that he had voted i"lce III
the 2nd Of last september, the day OF the cl'y
election in Wilmington, once ~ the In Nalu As
Wm. Fisher, and once in tho Srd ward az MW
Jones.
These facts wore clearly proven in tho tria
But counsel for defendant mt Gu the Court ion
an acquttal, on the ground OF failure to prove
the material fac alleged in the Indictment
Jones was alleged to hayo voted IN the itl v ara
"at the most aOutlIerly window OF th~
City Hall looking into Market street, tletr
words being the language used ia the statut'
when the elections in tho 4th Ward werehed that
place. Bnt since the erection Of the area FROM
Of he City Hail, said elections have been held
at the window III the NOrtherly eide OF the Hall
looking toward the Stvilla blldlps Anl as
the eViieuce showed the vote of Jones' was cast
at this last mentioned plac5, this WAS the VAr
ance for which as acqnittal was asked.
Mr.. Bates. for tue state. admitted that the
polls in the 4th Ward as proved, dlherei from
those alleged in the indictment The ~ 'ictm anl
had been drawn according to the Stdthe tato' IL
the voting proved was not sufficient To sustain
the Indictment it was uficient to snstaln th'.
lection, that the averment was mere surplus
age Tho facts were proven that he did vote in
the 4th Ward, and subsequently in the 8rd Ward
at the same election this second act OF voting
was clearly proved AZ laid in tho indictment ana
this constituted the offence charged.
Tho Court said there was no evidence OF a
change of the polls, aud no evidence to sho"
who were the inspector and Judges, or that thel
had held an election. II the latter had beel
proved, it would be fairly presumed that they
had changed the place Of election. inns ls
Inisdescription of material matter, and the var
lance between the proof and, the allegation II
fatal nolle prOsequi was not alloSea TO d.
entered, and the Court directed tho Jury TO re
turn verdict OF mot guilty." which was cord
Ugly rendered. ttFf w
State Us Charles Polk, col. indicted for as
sault aud battery on September 2Otls 70 10, ol
one Allison Cons,' also eolored. Inc iact
proven were that, at festival held o
The 10th of last September at the colole
peoples church, iii Odessa Charles Pot
raised disturbance, and assaulted me crow
generally frat with stick and then with IA
Gor, he being at the time under the influence .
liquor. Connseifor Defendent cohtenddd ina
It has been sufficiently proven by the State Una
the alleged offense was committed within thl
county, and within the jurisdiction OF I'M
tiourt, aud also relied upon contradictory eV
dence to discredit that of the prosecuting WI
nesses On the part of prosecution The Court W
requested to charge the jury LIST, Ihatlf the
found the offence was proven to have occurre
IN Odessa, tho Court would take notice that
vas in this county and that this was sui
eeut proof of the utnue; End, That they III
jury might find the prisoner guilty OF an a
eauIt only. After argument by the r
Tpeeivs counsel, the Court charged Il
lnry Ito the effect above stated) as :
q1ested on behalf of the State, and u
Jlry retired, but shortly reiurn
sith verdict of mot guilty in manner al
form az he stands indicted, but guilty OF an a
oault." The sentence of the COURT was to pay
tue to the State of Delaware OF 525, aud cos
Of prosecution, aud be remauded to the custo
OF the Sheriff till this sentence be carried IN
execution. Walter Cummins ESD for the Stat
VIM o. Spruance, Esq, for defendant.
The following prisoners, having gserYed IN
Term of imprisonment was discharged 30
Ducpue, Joseph Richardson, Charles BOOK
David Green, Henry smith, Edward Scott "
Watson, John Kelley, Edward MoMuiles ana .
bert Gross N ~
At 2. NJ, the Courts were adjourned
Monday morning next, at 10 O'Clock.