The Morning herald., 1875-11-19

ceny, the jury brought In verdict of guilty
Sentenced, that he pay $3.50 to Warner
Townsend; to pay costs; to be whipped with
20 lashes; to be imprisoned for the term ol
D months, and to wear q c0nvict's jacket al
badge of his crime for the same period.
The State vs.. Thomas McCarty. He was
charged with the larceny Of an ACCORDION,
valued at 800, the property Of Henry Boon,
of Wilmington, sometime IN October Of
this year.
The jury being cmpanelled, the Deputy
Attorney conducted the prosecution.
Henry Boon, sworn.-Testifled to the loss
of tho instrument and identified II in the
hands of the police. .p yaazru.
!" Mrs. Boon, sworn-Lost the ACCORDION in
the evening about O'Clock, seen 1t after
wards at the hall. N'y'
James T. Wheeling, sworn.-Seen this
young man with the ACCORDION and arrested
him: the prisoner told me he gave $l2 for
it. aiN}G
Several other witnesses were examined,
Dennis Mcguire, sworn-Proved as to his
him that he could get $40 for 1t. ,si.aJ
Mrs. Margaret Joyce, sworn and exam
ined for the defence, but rather told against
the prisoner. -A' '4 auA.s
Prisoner here made statement, which {,
having apparently not satisfied the jury as
to his innocence, rendered verdict OF
guilty. a5a. a.g@a3
Court pronounced sentence that you pay
$e5 restitution money, costs OF court; on
Saturday, 9th inst, to be whipped with ~
lashes; that you be confined for the term Of
9 months, and that ysu wear q convict's
jacket for 6 months after being discharged, u
as badge of your crime. '.ssf'V
Fra lcis Camilla, a native of Italy, was
charged with the larceny of chicken
valued at SO cents, the property of Mary
Mcdaniel. 'i
Deputy States Attorney prosecuted,
Mary Mcdaniel ,sworn-Seen the prisoner;
left her chicken in his hands, he afterwards
took it into his house. 4 81 n.
At this stage the Chief Justice directed
the jury to render verdict of not guilty,
which was accordingly done. I'd" nu
When it became known that O'Neil
would next be called for trial, the court
room was soon rapidly filled with an anxious
and expectant crowd. 2o5
Daniel O'Neil was placed at the bar and
charged with the murder Of Sallie Doyle,
on the 10th of June last. States Attorney
General, Jno. B. Pennington, Esq, and
Deputy States Attorney A. Rsbiasos, Esq,
for the State, the prisoner was defended by
Charles B. Lore, Esq.
The following gentlemen were enpanneled
and sworn to try the ease: William B. For
rest, foreman, Henry H. Wells, Edward F.
Beuldin, John W. Reid, Curtis Hanby,
Charles Leake, Levi Moore; George Haw-
thorne, Charles G. Bigsar, James Ridseway,
Francis D. Dunlap, David Mccoy.
Deputy States Attorney then briefly and
clearly laid the facts Of the case before the
jury, after which, DR.. John P. Wales was
called.
Doctor John P. Wales sworn.-am 4
practicing physician Of Wilmington, attend
ed the post mOrtem examination Of the de-
ceased Sarah Doyle, with DR.. Grimshaw was
called previously to see her and was told
that she had died Of ft. Was always in
a healthy condition. During post nortem
found wound about 2 inches back of the
left ear, took off skull cap, and the ball and
a small bone fell out. Found the skull bro
ken. The wound penetrated half through
the brain. Took out another piece of bone.
Opinion expressed by himself AMI DR..
Crimshaw was that death resulted from the
wound. Had been attending physician of
the deceased aged about II years. Shape
of ball, cOnical. Made post niOrtcm ex-
animation at the Coroners request.
Cross examined by Mr., Lore.-Ball pea
etrated three or four inches.
DR.. Grimshaw sworn.-Made post |
mortem examination of SarahiDoyl,e found
a hole about two inches back Of the base |
vent of the right ear; the hair table of the |
brain was driven in; on lifting the skull the |
ball and small piece of bone fell out. |
Ball penetrated about three inches, in his |
opinion it Was fatal wound.
Daniel Farrar, surveyor, sworn.-1 made |
a plan and drawing of the houses and streets |
and explained satisfactorily to the Court |
and Jury.
Albert 7. Wingate, sworn-Reside at 6O2 |
Pine street, seen the police different times |
IN the morning of the occurrences; knew
hey wanted me but kept out of their way,
when pursued:by. .O'Neil and Bernhard: did |
lot hear them hallow to stop; seen O'Neil /
when on the left hand side of Church street |
With revolver; then ran and heard bullet |
vhiz past me; was then ON Tenth and
Church streets; do not know how far O'Neil
vas from me; had get near across the street
md then heard report of pistol; heard only
wo skots fired; seen Daniel O'Neil that
morning going up Taylor street; when he
ired second shot was on the East side of
Church street.
Cross-examined-Met officer Scully CON-
ne out of Church; was shown a warrant
or my apprehension; was told previous to
his that there was warrant out for me:
lid not promise to go to the hall; did not
ell Patrick Hagerty would make 1t too
Id hot for any Of the police to come down
bout the old church; was not an associate
# the "Scoties;" denied that he ever shot
It his father; denied that he said to Rash,
vhen he (Rash) was under arrest to shoot
he id sons of b-hs.
Andrew Bernhard sworn-remember the
lay of tho shooting Of Sarah Doyle; that
morning seen O'Neil crawl through tho rail
ence on the east side of Church street; seen
)'Neil fire the shot in the direction of Win