Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-11-22
The Tfu Acknowledgements Of the Bank
Burglars-aranting and Refusal Of Licenses.


In the cases of the State vs.. George
Boulder and Charles Tlbbett, and the
State va. Samuel Barclay and Andrew
Barclay, continued 10 this term, nolle
prosequl was entered by the Attorney
General.
State Us. Gregg s. Bowe, indicted for
at last term, was continued.
This was a case Of nuisance for having
foundry and lorges, from which cinders,
etc., escaped and penetrated into adIOln-
ing houses, thereby annoying the jewellers
therein. The case will probably be set
tied without further Intervention by the
State.
The following prisoners whose term
Of imprisonment expired gu the 10th
inst, yesterday were discharged
james C0llins, Jas. Read, George Taylor
Anna Williamt, Ella Moore, john Fer
gus and Elijah Fergus.
The ofiense Of. each OF the above was
larceny.
State vs. james Stuart, resisting public
officer, and state VS.. Rose Cornish, lar
ceny, were discontinued.
John Bronny, indicted for larceny Of
two vessel lanterns, the properly of Owen
Palmer, on Sept. 10th, 1873, was ar
rslgned, aud plead not guilty.
Alexander Wright alias Alexander
Hopkins, indicted for larceny on the 18Th
Of last May, of one violin and one
smoking pipe, property Of George W..
Walker, out Of the shop of Milton Steele,
was arraigned and plead not guilty.
Wright was also Indicted Tor larceny,
at the same time, of one geldiug, property
of Milton steelei arraigned and plead not
guilty.
Emma Price, (col.) indicted for lar
ceny, arraigned and plead not guilty.
William Pickles, indicted for larceny
Of one pair of CATERS, arrsigned but
plead not guilty, aud was given time to
prepare for his trial.
VIM. Benton, (col.) indicted for lar
ceny OF one door mat. the property OF
Levi g. CLARK, Esq, aIraign ID and plead
guilty.
Nearly the entire day was taken up
with the "liquor license cases" The re.
monstrants were represented by John c.
Patterson aud Charles g. Rumford, Esqs.
The only objection raised against
granting Of licenses 10 addition to the
several objections previously raised aud
decided upon In the two lower counties
was to the certificate OF freeholders re-
commencing the license, where said free.
holders were liquor dealers.
The Court decided that liquor dealers
we're competent signers, but their vOca-
tlon affected the cTedibility Of the certi1.
cate, and the granting Of the license was
entirely within the discretion of the
Court, who would not grant such license
In case where the ffeeholders recon
mending II were largely liquor dealers
unless they were otherwise satisfied o
the proprlety OF so doing.
Tho not designating with particularly
tho place for the sale Of liquor Is fatal
and several applications were refused Of
this ground.
Messrs. Patterson and Rumford pro
scented two general rcmonstrauces agains
granting licenses, one Of which had th'
/ signatures OF 1900 persons.
The court decided that all applicant
who did not make oath to the truth Of III
facts set forth in their application on th
ffst day Of the term, (to-day) could no
DO 90 afterwards. Several application
will he refused on this ground.
SECOND DAY.
New CASTLE, Nog. IS, 1879 Court
were opened ut 10 O'Clock.
Andrew Drew and Johnso
were discharged from custody. Thes
men were held last term under charg
OF picking the pocket of a gentleman q
the depot, 10 this city, during the Iecet
visit of President Grant here.
William Crow was appointed one {
the Baiiffs of the Court.
Anthony Higgius, Esq, counsel Il
Al. Ill
stated that he had associated jon
O'Byrne, ESQ, with lin Ia tho case.
They asked for their clieut-, the pr
oners, a continuance ofthe case, on u
ground that they were not citizens
De laware. and many of the witness
were not Of the state and that the phi
oners would give bail OF the last day
he term.
The Attorney-General replied, the ca
was not in a proper condition Tor sneh
motion, as the prisoners lad not yet oe'
anaigncd.
The four prisoners, Francis II. Carte
, alias Francis Mcdonnell, Jostph Lawlo
James Thomas, alias James j. Watso
alias James Hope and Edward llurlbei
were arranged on an Indictment for an d
, tempt OF burglary, and each Plead n
guilty." The indictment contains "
Z counts, % for burglary Of Mr.. Samu
Floyd's house, (2) OF the National Bal
: ofDelaware."
Mr.. O'Byrne moved for time to prepa
= aiiidavlls to sustain the grounds OF Gu
tinuance asked for.
The Attorney General asked that q
! counsel for prisoners disclose th'
grounds for which they seek a CO
tinuauce as to phdt thsy irish 10 sat oNt
4, hese witnesses. The Court allowed I
3 case to 20 over till the afternoon, and I
A prisoners were remanded to the sherli
. custodj.
After the opening Of Court in the aft
a noon the bank robber" prison'
\ we're brought out of jail aud plac
i ia the box. Mr.. Higgins, council
"a defence, read and submitted TO the Coz
a the aDidagiis Of the prisoners to the ell
" that they could prove an abb on the d
+ of the attempt to rob the bank.
- Francis II. Garter made affidavit q
:, he could prove he was in Philadelphia
"A Nov. z, mentioning the name of the =
~ son be was with and that the pull
a mind wa. so prejudiced against him as
"A affect the Jurors, and would there
- ieopardize Tor him an impartial Il
a. unless he could obtain q continuance
Il. the case
!. Joseph Lawlor also made affidavit 4
10 he was in New York city in The " Bru
rs wick Hotel" on the afternoon Of the
~ inst, and could prove he was at Jer
.e CITY on a Courtlandt street ferry-h
,n curing that evening at ~ O'Clock.
y" Edward Hurlbert-That lie was
New York on Nov. Z, and left in the Il
night train for Philadelphia that event
He also objected TO being tried now on
st ground that public opinion would
N vent al impartial trial.
James Thomas made affidavit that
ms was In Camden, n. J and stald
TO night with friend there, leaving in
ed morning.
e. Mr.. Higgins stated that tho aida
p. set forth with particularly the abst
Of material witnesses and what
or could prove, without whom IL would
he be safe to 20 to trial.
Mr.. Lore, Attorney General, obie'
ere to the continuance. LIST, the mod'
n application is not 10 accordance with
H. practice Of this State. %, the State
iel witnesses here TO prove that one OF
tet's alleged absent witnesses has bee
Tor Wilmington for several days workinl
n. the case. 3rd, the witnesses asked
by the prisoners are out OF the iurli
an. ton and the process of the Court.
tbs that the case was one Of great gra
and he hoped the Court would not sllo
tae a continuance, or If granted, that
?. for as short a time as possible.
mi Mr.. O'Byrne replied, arguing gene
for a continuance till the next May
nh of court, on the grounds set forth in
on, affidavits presented to the Court
The Court refused the molten lot
,hn tinnance. stating The defence AZ