Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-05-17

The Newark Attempted Murder Case
The Child Murderer-The Election
Cases Abandoned.
-
New CASTLE, May 18TH, ls73.-The
Spring Term OF the Courts Of Oyer and
Terminer and General Sessions OF the
Peace and Jail Delivery, also an adjourned
session of the Orphans Court for this
county were reopened this morning at
II O'Clock.
The names Of the grand and petit jurles
were called, and George W. Sparks Of
Wilmington was appointed by the Court
foreman of the Grand Jury.
The regular charge Of the Court to the
Grand July was delivered by Judge Wales,
who stated II was the custom TO charge
the Jury at the spring term only instead
of at both terms as formerly.
Judge l.. Z. Wales spoke of the ancient
origin of grand jlries, which have ex-
listed time out Of mind, their object being
to protect the Innocent and bring the
guilty to punishment, read the provisions
In the United States aud Dela~ are Con
situations for trial by indictment, and the
mode prescribed In the latter for drawing
of the grand juries. Their action was
necessary before any one could be tried
for criminal offence. Il was their duty
TO discover all violations of justice and
of law, and any one of them knowing
such facts was bound to present them TO
his fellow Jurors. All the indictments
sent TO them by the Attorney General
were to be indorsed either ''true bill" or
'ignorcd." Their deliberations were
secret, 10 he aided by Instructions from
the Attorney General or the Cont it
necessary. The rule for their guidance
was "to inquire whether there is sufficient
cause 10 require party to stand trial
before Jury of his peers" "a grand
jurors were summoned, but not more than
30 nor less than II sworn, and no indict-
ment was good unless found by II, SO
that person charged with crime was
heard by "a Of his peers before conviction.
No crime was so old or stale as to pre-
vent indictment, even though refused by
a former jury. Chapters 1876 to 1873, in-
elusive OF the Revised Code on crimes
and misdemeanors, were referred TO.
Homicide was defined aud the different
degrees of murder in the iilst and second
degree under the Statute, with tue re-
spoctive punishments explained ut length.
Murder required malicious intent, and
If the intent were to kill, il was murder
in first degree, it not intent to kill, muir
der In second degree, luanslaughter in
Volved no malicious intent. Express
malice was the deliberate design 10 kill
another. Implied or constructive malice
is a construction of law from the facts as
from the commission of an unlawful act
which results in death. Justliiablc and
excusable homicide were also explained
The Judge further charged the jury upon
finding indictments in cases of nuisances
and misdemeanors indigtable under the
common law. A nuisance was such 9
use of ones property as rendered il oiien'
slye to citizens and In violation OF thG
laws of the State. II need not he in1uri
GUS TO health, sufficient if offensive, 9. q
bad smells. No lergth Of time, not even
20 years, will Justify the continuance o.
nuisance.
The Grand Jury drawn for this veal
are George W. Sparks, Foreman, Esal
sharpley Perkins, Samuel ". Talley
Phillip Plunkru, Ashton Richardson
David Lyman, Aaron Klalr, St,phel
Springer, Thomas l.. j. Baldwin, VII
liam Morrison, John NJ. Evans, Georg'
G. Evans, Mnhlon Baitcn, jonathan l.
Ellison, Jo.epb /. Taggar, George Z
Tyboui, Johu T Oh, aiis, Alexander NJ
Biddle, Charles Beasten, Wilson f. Van
degrift, James b. Ahichs, Joseph Rob
eits, DR.. James V. Crawford, Jane
Brockson.
The Mayor. of Wilmington, Sheriff
Coroner, Justices of the Peace and Count
Constablcs required by law to attend tn
Court in the bret day thereof were sue
ceseively called.
State vs. Vincent o. Hill, indicted a
Nov term, 1872, for obstructing publ
road, nolle pros. on payment Of costs b
defendant.
A number Of liquor cases were settled
mostly by payment OF lines aud costs 0
prosecution. Among these John slo,ch
iein was ilued So aud costs each IN
cases, IL Of which were for selling hquu
TO minors, remaining IL for doing I'll
same (selliug llquor) on Sundays.
Vincent o. Hill, all o fined $50 and cosi
in case No. 80 for selling liquor on Sun
DAYS, and nOlle pros, on payment of cost
In aeyefal other cases
State vs. Citizen G. Badson, cOlOred
Indicted and arraigned for assault an
battery with intrut to kill, ON Mary
Badson, his wife. on the 14th Of la
month, at Newark; plead guilty
avoid standing trial on the giaver chaii
of burglary with intent to Kill his wifi
Sentenced to lay 81 900 fine and cost
prosecution, on Saturday next, nth inst
between 10 O'clack, am, aud 3, p.m.,
stand hour In the pillory, aud be II
prs0ned for five years, commencing Ma
l7th, 1873, and ending 10th of May, leI
W. X. HodgsOn, ESQ, for prisoner
The only case tried Was that OF Sta
"a. Eliza DeyereauX, Indicted at Mover
Der term for keeping disorJerly hous
This consumed nearly the entire da
The State cudeavored 10 show by the e.
dence produced that the defendant, WI
keeps a country store at Mt. Plessa
Station, in sl.George's hundred, SELF
liquor in connection herewith, disturb
the nelghboi hood with the crowds
noisy, swearing and fighting frequente
mostly negroes, ~ her store. D,ienda
endeavored to prove the noises were
greater than proceed from persons of Il
description when collected together a
drinking, and that the disturbance "
from other houses IN the place. Afte
short charge from the Court in which
Chief Justice said the Jury would l
consider any disorders prior to Oct.
last or subsequent TO the last term
Court, aud that one oheuse only wol
not be ground for conviction, the j.
retired about quarter past 5 y. M, a
not returning BY 6 2. m. remained out
night. Attorney General Lore for sta
j. r. Booth, ESQ.,, for defendant.
STATE Us. Mary E. Meoteer (col.) irdic
for killing her Legitimate infant
Charles f. Meeteer, ON the lin OF F.
last by cutting his throat with knl
Arraigned and plead guilty" But
Court directed a plea of "uot guilty
be entered and assigned fol the prison'
counsel W. r. Hodgson, Esq. Wednes'
is set for the trial.
Etate Us. James Reed, indicted for
ceny, on March 3lst, 1878, Of one cl
coat, $40, vest, So, aud a silver watch
property of Hiram Kiuhle atrag
and plead "guilty." Sentenced TO
restitution money $50, aud costs, to
whipped on Saturday next, between
and 5, PM, with twenty lashes, I've
prisoned elk months thereafter, and "
convict's Jacket for six months after
discharge.
The witnesses in the election cases,
dicted at last term, were discharged
this term. This is virtual discOnt
anee of these cases, brought at the
term for illegal voting &c, il being
derstood that the election cases now ~
ing in the U. S. Court against the L
Court and Collectors will be abando
SECOND DAY.
New CASTLE, May IL, lS73.-stat
Eliza Deytreaux, tiled yesterday
keeping disorderly house. Jury a
half past 9 O'Clock last evening bro
in a sealed verdict Of guilty"
Stale rs. William Duly, mdicle
Nov. term 1872. for assault and bal
throwing an oyster shell at col
woman and putting out her eye, a
two wears ago. As William now