The daily gazette., 1875-05-18

Especially reported for the Cazette.l
New CASTLE. DEL, May II, 1875.
Court opened this morning at 10 o.
clock, Judges Gilpin, Wootten and
Houston on the bench.
The Grand Jury list was called and
they were retired to their room.
The first case called was that of
State vs. Philip q. Plunkett, assault
and battery upon James McCallin, on
the 1st of January last. Deputy Attor-
ney General Hodsson appeared for the
State and Charles B. Lore, Esq, for the
defendant.
Jas. McCalin testified in substance.
that on the night of January 1st he
went in Philip Il. Plunkett's store and
wished Mr.. plunkctt u happy New
Year; Thomas Russell was in the store;
plunketts treated me and we shook
hands; Mike Conway came in and l
told him / believed owed him some
money; | rendered him seventy-fivc
cents; Conway said owed him more
but told him no, and detailed the
circumstances Of the borrowings; Con-
way said "You'rc God d-d lying
iarlOwn -; | told him that was
hard language to bear; Plunkett then
ordered me out, taking II pistol out of
his drawer and putting ii in his pocket;
plunkctt call me ID fardown -
-, and said 10 Conway "wc'fe Con-
caught men amt we;" went out in
the middle of the street when Plunkctt
came up and Knocked me down with
a bung drawer and beat we severely,
breaking my nose and cutting my head
while Conway and Russell kicked me
till I was black; Russell told Plunkett
to beat me till | shouted enough; the
boy afterwarl said "dont kill him;"
think but for the boy | would have
been killed.
The witness denied cursing Conway
in Plunkctt's store or kicking Plum
kctt's door; he said he left the store
when he was ordered; he did not go
up and down the street cursing Plum
kett.
Thomas IIfnley testified to seeing a
fight that night IN front of Plunkett's
store, and heard the boy cry make
him cry cnough;" saw the men separ-
ate one going in Plunketts store, and
one aroand Hollands stable; did not
lccognizc any of the parties.
Maria Farmer testified as to Mccall
that night; he was all over with blood
she sent for DR.. Jones; he was leeched
and his nose was set; all that night he
slept on the table bench; he bled freely
from the nose and wound in the
head.
DR.. Jones testified as to the charac.
ter of McCallin's wounds; he came 10
my office that night with head bruised;
put plaster on it and gave him PIE
scriptiGn; next morning went to his
house and ordered him leeched; head
was very much swollen, nose was very
much obliterated but was not broken,
ordered more medicine and told him
to keep quiet; visited HIM several
times after; was summoned to Squire
Hagany's afterward where / gave my
testimony.
The State here closed. Mr.. Lore
then opened briefly for the defense
and proceeded to call his witnesses.
Michael Conway testilied-l was in
Plunkett's that night and saw Metal
lin; it was between 8 and 10 O'clock;
went in on business; McCallin had q
glass of liquor in his hand; McCalin
said "here' s the man | owe seventy five
cents; he put the money on Plunkctt's
knee and Plunkett gave il to me; Nc.
Calm then said you're paid OIL"
said when you pay me two dollar,
more; McCallin then threatened tC
scatter my brains about the floor; Plum
kett ordered hirl out and he went out
McCallin dared us out for towards and
said he could fog US both; he kicked
the door; l saw Plunkett strike lin
with his fist; McCallin caught him by
the leg to throw him down; Plunkctl
struck him before they were clnchcd
: don't know who struck first; Ididn'l
Kick or strike McCallin; Plunkctt's
hoy went part of the way home with
me as l was afraid Of McCallin. Nc
Calm kicked the door after Plunkett
ordered him away.
Thos. +. Russell testified in corrobo
ration of Conway and denied that
Plunkett had pistol or bung driver
don't know who struck the first blow
McCallin come back afterward and
told him if he did not go away he
would get more; McCallin did moi
drink the liquor Plunkett gave him.
Jas. Ii. Sewcll testiiied-Live acros.
the street from Plunkett's store; wa:
in the house and heard some one cal
out enough" went out and saw Nc
Calm getting up and Plunkett follow
ing him, McCallin saying he did no
halo enough nor could he make him
heard him call Plunkett Il dirty, low
mean - and said lie had robbed
him of fifty or hundred dollars, ant
If he came out again he could Whil
him.
The defense here closed.
After argument by the counsel th,
jury took the case in their charge ant
after an hours delbcration returned
veld'ct of guilty"
Plunkett was sentenced to ray 81
and costs.
The next case was State Gs. Ella
Williams, negro. Breaking and enter
ing the house of John Turner in Ch1is
Llama Hundred, or the 10Th of Octobe
last, and stealing pair of boots,
watch and single barrelled shot gun
The prisoner engineered his dcfens
with rnnRiInvn Il cI