Wilmington daily commercial., 1873-05-16
COURT PROCEED DiHGS.
New CASTLE, May 15,
THURSDAY.

THUhSDAls
Court. opened at 10 A.. NJ.
BY order OF the Court Jonn T. heeu Was us
charged from custody.
The iury in the case of the State Us David s.
Lqery, who were out last evening Wnen the
Court arose, sent in sealed verdict, wnicii, Oh
being opened was found to be mot guilty..
State ps William Byard, indicted for stealing
watch was discharged from Court. The fact
was he had confessed the crime, but under the
hope and inducement of favor, and though
quilty this evidence was not admissible. be
Vas duly admonshed to ''net come back again"
State Us. Daniel Clark and John Mullen, lar
ceny of between thirty and forty dollars, the pro-
perty of George W. Taley,about March IL, 1873
Talley is country butcher, and has stali In
market in Wilmington, aud In coming in to mar
ket on the above mentioned day, the box con-
tanning the money was taken from his wagon
Andrew r. Ryan, an aecomplice, said no aud the
prisoners met Mr. Talley IN the ROAD muuen
got in the wagon on Wilson's Hill and brought
out the box carried it to thicket and abstracted
therefrom the money went to the railroad be-
tween Ellerse and Belvieu, and divided 1t, and
proceeded thence to Philadelphia
There was no evidence for the defence and after
argument by Deputy Attorney General Bates, for
the State and L. G. Bradford, Esq, for prisoner,
the Jury rendered verdict OF guilty. Sentence
of the Court was, each to pay as restitution
money $3.50, costs, to be whipped on Saturday
next with ten lashes, be imprisoned for six
months next thereafter, ending Nov. 23d, 1878,
and for Fix months next thereafter to wear
convicts jacket.
State Us. William Boulden, COL, indicted Tor
the larceny of money from Henry kir!z,
by getting $40 by way OF change for ten dollar
advertisement bill. Released on his own recog-
nizance OF 800. ]. II. Booth, Esq, for priso-
ner. ,,
OF picking. Retired ON payment of cost, with the
understanding. that they will leave the State.
VIM. G. Whiteley, Esq, for prisoners.
A number OF recognizinces were forfeited.
TNA1s... .Nwv kk1FFNa NaNFf
Mary e. Meeteer, convicted, yesterday, of muir
der in the second degree was brought TO the oar
| of the Court and sentenced. Said the Chief JUS
| tice You have been guilty of great crime, and
had it not been for the humane feelings OF the
| Attorney General and of the jury, you might
| have stood hero convicted Of murder in the nrst
/ degree She was sentenced to pay hue or
| $5 600, costs OF prosecution, on SATURDAY, tne
| Oath inst, to stand one hour IN the plnory, DC
whipped with 60 lashes, anu Do lmprlsoneu toi
| life.
State u.s. James McLanan, indicted for as
/ sault and battery on Adam Grubb. on Dec. 10,
/ 1878. Tried and fouAd mot gnilty." This was
/ a private fight about quarrel over tve cents,
/ instituted by Grubb in McLanans house, and
Il from which McLanan arose first best
State us. Isaiah Temple and George Morris,
Il COL indicted for assault with intent to rob one
i William Strickland. The assault took place in
Il Wilmington, on the night of March %, 1873.
/ The prisoners between them got HIM down, one
i knocking him down and the other holding him
| by the throat and at the same time feenng IN
| his pocket, when policeman interfered with
their nocturnal game and arrested Temple. Nor
ris was arrested on the morning following With.
out argument, the Court, by request of prisoners
counsel, charged the jury that to convict in this
| case, two things we're necessary l, an assault
Q. intent to rob, The latter was thelmost mater
ial of the charges, and most serious in its char
acter. II the two were together, acting in CON
cert and only one struck yet the other would Dt
equally guilty. An assault may be very slghl
by even touch. The intent is material fac
to be proved; can be proved by external crcum
stances. The verdict was guilty" Deputy
ATTY. Genl. Bates for State; John II. Rodney
and James II. Booth, Esqs., for prisoners. Sen
fenced each to pay fine of 5000 and costs. ant
| he imprisoned is months, ending Nov. IA 1874
Al this term of Court, 2S indictments were
sent up to the Grand Jury, who returned q OF
| them true bills" OF these was for murder Il
the first degree: 1for assault with intent to kill
| assault with intent to rob; for assault an'
battery; one for receiving stolen goods; 10
. nuisance; for obstruction public road. The
: Grand Jury also presented Walton, Whann an
, Company for nuisance. Six cases were trie
and found '.guilty," and FIVE mot guilty"
The criminal business for this term being hn
d: ished, the courts were adjourned until Monda
morning next at 10 o'clock.