Wilmington daily gazette., 1874-04-29


! Special to the Gazette.
DoynR. Del, April 4S, 1874.
Courts opened this morning at the usual hour.
| Judges present Chief Justice Gipn, and Nootcn
| and Wales, Associates,
| In the liquor casrs, circumstances and .eXccp-
tons were filed rs per order made yesterday
! Some had not complied with the law by paying
| the required fee in Time; some had not the neces-
| sary accommodations; and all were uuneo cs3ary.
These were the principal reasons alleged by the
| opponents OF the license.
| There is n marked difference in the character
of the houses applied for this term and the last.
| At the last term nearly al the houses making ap-
pcations were OF the better class, really inns or
| taycrns within the letter and spirit of the law,
and all that complied with the requirements were
granted. But at Tins term it is very different,
| nearly all being mere liquor saloons, and making
no petentons to he inns or tavcrns, and all, thus
| far, have been defeated
The'Court to-day made several interesting and
| important decisions.
| /. That an affidavit to an npplieation cannot
| be amended after 1t is filed.
2. That tho money for the license mast be paid
when tho application is flied, and not afterwards,
no matter what the clerk may say about its mate
| rality. And also that it is the duty OF the clerk
to note on the record OF the case when tho money
| was paid. That is part of the record he should
keep.
Thnt stating in his petition that he was a renter
was not equivalent to stating that he was a ten
ant. The terms are neither synonymous nor CON
vcrtiblc. One applicant lost his license for infor
mahty.
Tho Dover and Smyrna cases are the most hot
ly contested and very largely signed en,onstran-
ces were presented to granting any additional Ii
censes ia either place. IN Dover there are two,
and in Smyrna three already. The Smyrna cases
were all postponed until tomorrow, to enable the
parties to get their witnesses here.
The Dover cases were taken up and passed up
on AS follows:
Robert Welch's application was refused because
unnecessary. Frederick Windolph's for the same
reason. Samuel Mann's was Withdrawn because
it was informal. William Hartnctt, the only re-
naming one in Dover, was deferred until to-mur-
row for additional proof. Jacob Levy, of Bow
ers Beach, was refused because the fec was not
paid i'll time. John Il. Laird, Of Camden, for
some reason. Vim. s. Morris, of FELTON,, because
he stated in his application that he was a renter
instead of n tenant.
Most of the day was consumed in these cases
William Albert Hutchinson, an appeal from
Justices order OF aililiation, was tried by iury
and the appeal sustained, another order vacated
and annulled The prosecutrlx did not appear.
State va. Enos Faulllncr--larceny of a builalo
robe from James ID. Clark. Convicted and sell
fenced to ten lashes three months impIison-
ment, and to wear a convicts Jacket for three
months thereafter.
The defendant was young white man OF about
nineteen years. with IA rather vacant or silly look
and remanded for trial.
The only capital indictment is the State vs.
Robert +. Johnson, in which the defendant is
charged with entering the dwelling house of
Mary A. Collins, on bombay Hook Island, in
the night time, with intent 10 ravish This case
is assigned for Thursday.
rather novel case is that of an indictment
against Joseph Hin for stealing passenger ticket
from the T., w q b. Il. r. Co; not vet tried.
We noticed in the court room to-day. Senator
San lsl nru and Dpr tnft |
Grand Jury was discharged tins afternoon.
Ex-Governor Ponder. Secretary Payntcr, John w.
Hall, and your own esteemed citizen William
Bright were in town to-day. C.C.F.
NoTE-i Our esteemed correspondent was un-
able to forward lis the first days proceedings i'll
time Tor yesterdays issue. They, however, con
sisted mainly of routine business, the passing
over of cases and the disposal of those where
prosecution was unnecessary hence their omis-
sion to-day