The daily gazette., 1875-05-17

New CASTLE, DEL, May Is, 1875.
Court opened this morning at 10 o'clk.
Judges Gilpin, Wootten and Houston on
the Bench. The General Jury list was
then called.
(rLe jury in the case of State VS.. John
L. Derrickson--assault and battery on
Daniel ONeill-came in about o'clock
last night with verdict of mot gnilty.O
Tho first case called was that of State
VS.. james Frazer-assault and battery
upon James McManus on the evening OF
November 4th, 1874. The jury returned
q verdict OF guilty, and he was senten-
ced to pay a fine Of 90 and costs and
committed TO the custody Of the Sheriff
until such fine be paid.
State vs.. jerry Hall, negro-Breaking
and entering John McHu CHS house in
Wilmington on the night of the 4th OF
March, with intent to commit felony.
The proof being clear rs to the defend
ants Innocence, the jury returned a ver-
dict of mot guilty"
Wm. ii. Fountain, negro, who pleaded
guilty TO the same charge, was sentenc-
ed to pay $500 and costs, on Saturday,
May %, to stand in the pillory one hour,
to be whipped with 80 lAshes and be i'm
prisoned years.
The bills against Isaac Hayden, for
burning Atkinsoh's warehouse, and L.
Titus, for firing Morrow's stable, were
ignored.
The case IF State ". Charles A. Riley.
charged with firing. Walton 4 james ice
house, in September last. Deputy At
torney General H"lgson represented the
State and Henry &. Conrad, Esq, ap-
peared for the defundlnt.
The following WAS the Jury empan-
lied:-Beeson Gregg, VIM. II. Ious-
ton, Alfred Collins, Joseph w. Brooks
Peter Meggelt, Elihu Talley, Joseph
Tatnall Jr., John r. Lewis, Henry Ii.
Woodkecper, George j. Casho, James
t. Shallcross Alfred d. Pierce.
The Deputy Attorney General open.
cd the case stating its nature and call
cd III. +. Walton who testified as to
the ownership of Il double ice house
on.Shellpot Creek and ii being burned
down on Sunday afternoon September
18th last. lie did not know of his
own knowledge who set fire to the ice
house.
George Uanley testified that he was
at Inc ice house on that Sunday play
ing chaser and Riley came down and
asked for u match TO light his pipe;
gave it to him and then he made a
rag ball and we commenced to play
ball; did not give any matches to
him to do harm with them; Riley came
up to me and asked for more matches
and L would not give them TO HIM and
he took them from me; he then built
little fires around the floor; put out
five or six with my bare feet; Riley
told me If | did not let his fires alone
he would knock hell out of me; he
then ran us out and put match in a
crack or knot hole; asked him to put
out the fire and Riley said "let 1t burn
down and go to hell" lit one fire
there but put it out.
Two other boys Alfred Murphy and
Henry Moore who were with Hanley
at the ice house on that Sunday tcsti-
fled in general corroboration. They
said one of the other boys not Riley
lit coat and flung it around but that
was all put out.
The State here closed,
Mr. Conrad opened briefly for the
defense and then proceeded to call
witnesses.
Frank Jeandell testified to coming
up the railroad when the fire broke out
saw Riley and heard him asked to go
back and put it out; said ho would not
go back, he had nothing to do with it:
Riley was then about twelve yards
from me; Riley did not go back then;
1T was then from Is minutes to hour
from the time l first saw the fire antil
the engines came; stood watching
till the engines came then | went down
10 the fire; Riley was down helping
put out the fire after the engines came;
saw Hanley running in town on the
railroad.
VIM. Fawcett, sworn-Was down at
the fire and saw Riley helping get the
engine in the gate; saw Riley helping
pull out the engine again; saw these
boys coming in walking fast and asked
what was the matter, they said "nix,"
that is Riley had set the ice house en-
fire; was on the Brandywine Rail-
road bridge when the fire broke out.
The defense here closed after hearing
the arguments Of the counsel the. jury
at 1;32 retired.
The Court then took recess until
8 P. NJ.
AFTERNOON SESSION,