Middletown transcript., 1874-05-23
Proceed dings OF Court.

AnEiy give tuetu tuls Week.
VIM. N. Connell was indicted for larceny, but
having been convicted and ssntenced for burgla-
| ry, his case was continued. James Nelson (neg
convicted Of an assault on Samuel Gould, was
sentenced to one hour in pillory, FIVE years inn
| prisonment and fine of SlO0 and costs. Samuel
Martin (neg.) convicted Of like offence, received
the same sentence, except tho imprisonment,
which was six months. Hannah Brnkley (neg.
and John Groves were convicted Of larceny and
sentenced accordingly. The latter gets a whip
ping. Ben. Richardson, Mary Richardson and
John Gould were indicted for the robbery of
Patrick O'Toole, the peddler, near ST. Georges,
last summer. Mary wns the only one arraigned,
as the Others haven't been caught and though
clearly proven 70 have been party to the mat
ter, she escaped conviction through qubblc of
law, on the ground that her husband was present
| at the time the offence was committed and she
was supposed to have acted under his authority.
Geo. Stidham, convicted Of an assault upon
Emil Beck was sentenced to 5000 and two years
Lewis Robinson was tried and onvicted of an
attempted outrage on the person of child of
Prof. VIM. A. Reynolds, Of Wilmington. His
guilt was clearly proven and be was sentenced
to pay $500, costs, 10 stand in the pillory one
hour, receive thirty lashes and he imprisoned
five years. This is considered a fair sample of
the speediness and severity with which justice
is meted out to wrong doers in Delaware +
Sarah Spencer and Elizabe, III Smith (neg. J indie
ted for larceny from Ellen Master (neg.) were
acquitted and discharged. Frank Davis, the
negro who misplaced the switch on the railroad
near Armstrong; station, last December, to
throw the train off the track, was found guilty
and sentenced to fine of $500 and one year S
its work received the usual complimentary speech
from the court and were discharged. The court
was then adjourned until Monday.
MONDAY.-Criminal business having been fn-
ished the civil list was taken up The list in
cluded 225 cases, besides SO causes for argument.
OF thesesome were discontinued, others settled
until there were but twenty-four left for trial at
this term The first tried was Wilson & Walton
Us. R. R. Robinson. Assumpst, to recover the
price of moving machine, alledged to have
been sold to an employee of deft upon defts
written order, but which deft claimed was only
hired Bird for pltf. Harrington for deft Yer
dict for deft. W. r. l. II. Cause, p. b. a. U.s.
Sca,tersood Aliens executor garn., d. b. r. was
the next case of any Importance. This was an
appeal case in which the plaintiff sought to es
tablsh the following position: Where plaintiff
has recovered judgment, issued writ of execu
ton and levied and then stays the writ (takiut
the property in his own hands) in order that {
third party may make purchase of the good
levied upon, and such purchase money be pai,
to the plaintiff towards satisfying the Judgments
held such action directs the plaintiff lien il
favor Of subsequent Judgment creditors. TIL
Court however over-ruled this proposition ant
directed the jury TO give respondent verdc
for costs. Harrington for appellant, Higgins e,
respondent. 8.
TrEsDAY.-Dclaware Fire Insurance Co. rs
Rehfuss. Action for damages in the nature @
waste. This occupied all morning and par
Of the afternoon. The Lyman railroad case
came up next The first was Thos. D. Lyman
and wife rs. p. W. l. B. II. r. Bird for plaiu
tiff. Bayard and Gordon for defendants Th
action was TO recover damages to Mrs. Lyman, bu
the law requires the husband to lie joined in tn
suit. Mr.. Bird opened the case with short
speech, giving account Of the accident, wbic
is as follows On the night of December l4tl
1872, Mrs Mary P. Lyman accompanied by G. |
and Addie S. Lynani while attempting to Gro.
the railroad at John r. Lyman lane near New
port, were run into by pa senger train and a
more or less injured. Plaintiffs claim that ther
was no headlight on the engine and that the
, knew nothing Of the approach Of the train unit
they were struck. The amount of damag
: claimed is $4,000.
WEDYEsDAY.-In the case of the Delaware Fir
Insurance Co u.s. Gottlieb Rehflss, the jury CAV
! verdict for plaintiff for S75.2s. The rairoa
: case was continued. Jno. R. Lyman bein
i sworn, testified as follows Live on the line
! the P. w. l.. Z. R. R., about 200 or 300 yart
below Newport The lane leads 10 the Newpor
= pike My house is about 81 steps from the raj
, road track. There is no other way Of going
- or from my house except this lane. On eros
examination Mr.. Lyman testified that he owne
the lane and the land on side of it.
Addie S. Lyman sworn. Am daughter
" Jno. II. Lyman. On the day in question was r
y turning from school in W Wilmington with my si
o ter-in-law Mrs. Thos. d. Lynam and m
y nephew G Il. Lyman. Lett the CITY at 81
!, o'clock. The horse being smooth and tn
Q ground slippery did not reach fathers lane unit
e about o'clock. AS we approached the railros
$ looked to see if cars were coming, saw no ligh
e Have often seen locomotive headlights beyon
{; Stanton bridge, two miles off. Did not sts
e our horse to listen for cars, but looked and 50
10 no light. The horse was in motoa when ca
n riage was struck.
+; Cross-examned We were in a two-seate
! Germantown wagon with curtains rolled up
}, We were on the front seat. When we arrived
e the railroad We kept on at the same pace. Fro
u the mouth of the lane TO the railroad track the
l. is ample room to stop. Gate opens inside at
o was open that night. Think a train could /
p heard good way on clear night, but the re
l, ling of our carriage deadened the sound.
/ stopping between the mouth of the lane and Il
y first track we would have had bare room
II stand. We relied on the headlight for warnin
We neither saw nor heard any thing until '
'e were struck.
"a Gilbert L. Lyman testified the same as abov