Middletown transcript., 1875-11-27
Proceedings Of Court.
THURSDAY. Nov. lS

THURSDAY, Nov. ls.
James Matthews, aged 10, was acquitted o
a charge OF larceny. Jas. H. Pomard, negro
was convicted of the larceny ofa pair o
pants from Kaufman Names and sentenced tc
pay 1918 restitution money. 20 lashes 81,
months Imprisonment and jacket for sia
mopths more. John Smith, negro, stealing
clothing Of Warner Townsend; guilty; pay
$l6.75 restitution and costs; get 20 lashes,
6 months Imprisonment and wear jacket t
months. Thomas Croaker, negro, made an
assault upon John Dorsey 'with intent to
kill, /" and the Court requested him to pay
fine of $500 and costs of trial, stand in the
pillory one Eour and stay in Jail four years.
For an assault on Emeretta Dorsey the same
prisoner was fined $50. Henry Flemming,
negro, stole pair of pants from Walter
Townsend. and has to pay $40 and costs,
20 lashes, months in Jail and 6 months
jacket. Thomas NJ. Garrity appropriated to
his own use an ACCORDION belonging to John
Henry Boone and has to pay sos and costs,
get 20 lashes, 6 months in Jail and wear jacket
6 months. Francis Caligmilia was accused
of stealing chicken from Mary Mcdaniel.
The evidence showed that the chicken was
trespassing upon the prisoners property and
he distrained it for damages. The Court said
that was not theft. Owners must look out
for their chickens hereafter. Daniel O'Neill,
Wilmington policeman, was charged with
murder in the second degree-the shooting of
Sarah Doyle, in Wilmington. (O'Neill was
in pursuit of a man whom he was endeavor-
ing to arrest, aud on the fugitive refusing to
stop when ordered, O'Neill fired his pistol at
him, in the street, and the little girl, Sarah
Doyle, was found Immediately afterward. in
her mothers yard, dead with pistol ball in
her brain, and the supposition was that
O'Neill's shot killed her) Drs. ]. P. Wales
and Grimshaw testified to having made q
post mortem examination of the body of Sarah
Doyle. Found a pistol wound two inches
back of right ear; found the ball and pieces
driven in some three or four inches; thought
the girl died instantly from the wound.
Albert D. Wingate, the man whom ONelli
was pursuing, testified in substance as fol-
lows: Was standing at the corner of llth
and Church streets on the morning Sarah
Doyle was killed saw Officer O'Neill coming
in one direction and Bernhardt in another;
knew what they wanted and ran. ONeill
ran after me, drew bis revolver and fred at
me. was then crossing Tenth and Church
on the right-hand side Of Church, O'Neill was
on the left side, going toward the Chrlstlana.
I looked back and saw O'Neill with his hand
on the trigger Of his pistol. He was on the
east side of Church street, on the west,
about rs or 80 yards ahead when be flrst
fred. He hred at me second time. l did
not attempt to draw a pistol either before or
after O'Neill shot at me.
Andrew Bernhardt sworn Was in COM
pany with O'Neill when be was pursuing
Wingate; saw O'Neill crawl through the rail
fence on the east side Of Church street near
llth; Wingate was on the left side, when he
saw us he ran; we called to him 10 stop;
be would not; he and O'Neill were both in
the middle of the street, when the first shot
was fred about l57 yards further on ONeill
fred the second shot. The first shot was fired
down Church sreet When we first Called
on him to stop Wingate put his hand to his
nip pocket as if to draw pistol. thought
,a ;ntonded IN shoot one of u.s.
Court adjourned till next morning
FRIDAY, Nov. l9.
John Whitlock, Jr., came into Court and
surrendered himself. He and bis
ather were both arraigned for the murder OF
be negro Furchess, and plead mot Guilty"
their trial was fixed for next Monday.
The trial of Daniel O'Neill was resumed.
samuel Bradford testified that he was work
ng at the shops of Hilles h Jones on the day
# the shooting saw Wingate at the corner
# .llth and Church streets; O'Neill was
IN the east side of Church street when be
red; did not see Sarah Doyle; there is moth
ur between where O'Neill stood and where
;arah Doyle was shot but board fence.
John Legg corrobcrated the testimony of
)ficer Bernhardt as to the position of the
arties.
Ann Doyle, the mother of the deceased
.irl. described the finding of her daughter.
Frank Stewart and William Cook testified
hat O'Neill was on the east side of Church
treet when he fred.
Margaret Ford sworn: Live two doors
,elow 9th street in Church was at the pump
n my yard when heard the pistol report;
little while after was sent for by Mrs Doyle;
vent to the house and was with Sarah till she
lied; was standing in direct line with
Sarah Just before heard the report.
Lewis Mason sworn: Was in Seidell &
Iastings' rolling mill; saw Wingate running
lown Church street; saw O'Neill fire at Win
yate; did not see Wingate put his hand 10
lis hip pocket; an hour afterward ! learned
hat Sarah Doyle was killed.
George Holmes sworn: Lived next door
o the Doyles saw Sarah Doyle on the
yreund and carried her into the house.
Richard Groves, Coroner, testified to hold
ing the inquest; produced a ball which just
it the pistol of ONeill, and which he said
was given him by Drs. Wales and Grimshaw
who made the post mortem.
Several other witnesses testified to seeing
he parties, their relative positions, and 10
hearing the reports Of the pistol.
The State then closed.
Chas. B. Lore, Esq, opened the case for the
lefense and promised to produce evidence
hat the ball from O'NeilIs pistol did not kill
Sarah Doyle.
VIM. H. Brady sworn: Was chief Of police
N June last; detailed O'Neill, June 9th, to
lake men from his district and 60 into the
Eastern district to arrest certain men /; for
some time prior to this date the lower part of
Town had been infested with some parties from
New York and other places, as we'll as a gang
belonging here, robbing people an! depre-
dating on the country; reports were contin-
ually made and detailed men to arrest these