The daily gazette., 1876-11-25
FIRST EDITION!
Proceedings of Court.
NEW CASTLE, Nov. a.
AFTERNOON SESSION.

AfIEhhoON SESSION.
Court re-asscmb bled at 3 p.m.
The first case called was State VS.. Sewell
Starkey negro, assault and battery upon
james Mathers. The evidence alleged
that the defendant made an unprovoked
attack upon Mathers with club about
10 O'Clock on the night of July ID while
Mather was sitting cOnversing with a
lady friend out BroOme street. The Jury
however found Sewell "not guilty"
State vs.. Charles w. Ogden, assault
and battery upon John G.. Rumford in
Wilmington. August 10Th last. The jury
returned verdict of "not guilty"
State VS.. James Collins and Michael
Collins, larceny of a twenty dollar bank
note from Margaret Mem onigle in
Hedgeville in July last. The indictment
to be a National Bank note and the other
q bank note. The evidence showed that
the boys were about the house when the
note was stolen and that they were up
stairs in the room where the note was in
company withMrs. McMonigle's nephew
who let them in. 1t was also shown that
the boys had note with them when they
left the house and they were seen with a
$40 note next day, no proof was given as
to whether the note they had was a
greenback or not. The state closed and
ohO oClthoC DIoNCu tuc ages III Ullt DOyS
to be under fourteen. H. G. Turner,
counsel for the Collens then asked the
Court to instruct the jury to rendera ver-
dict of "not guilty" First because the
Stair mad failed to prove accurately the
character of the note stolen, and second
that these boys being under fourteen the
law made 1t imperative for the State to
show an affirmative knowledge on the
part of these boys that they were doing
wrong when they took this money and
this the State had failed to do. The
Court instructed the jury to bring in a
States VS.. George Wagner, assault and
battery, upon Robinson, for State, Bird,
for defense b. Il. Grubb, the jury came
in at 8 p. m. and reported, that they dis.
agreed in toto and were discharged by
court.
The State then nole prosd the case.
State VS.. Benjamin Delaney, negro
larceny Of S2l. 20 from the trunk of Alfred
T. Brown, negro, at Delaware City, July
IL, 1876.
Deputy atty General Robinson, foi
State, Charles Lore, for defense.
The evidence in this case for the State
went to show that Brown and Delaney
| working at the same place in Delaware
City, ,and roomed together. Brown, kept
his money in his trunk. On 11th of July
Delaney, and another man who worked
then left, Delaney profersing to go t.
Philadelphia, to have his teeth fixed
Immediately after the trunk was fount
broken open and the money gone. De
laney, and his chum were arrested ant
on Delaney, being searched $500 and ;
| fifty cent coin were found on him which
he declared was all the money he had
On the next day, however, five dolla
note was found on him and on searching
further five dollar notes, were foun(
in his stocking. Brown, swore that HI
was robbed of five dollars notes, and !;
fifty cent coin and two ten cent pieces
He also swore that the notes, found OF
Delaney were his because he knew by tn,
feel of them.
The defense showed that Delaney ha,
been paid money before he left, by hi
employer, that it had been the custom O
the defendant to carry his money, 70
safe keeping in his stocking and close
by proving very good character. Th
case was argued briefly and about GA
given to the jury at 8 p. m. the jury re
turned verdict of mot guilty.
The grand jury was discharged unit
Monday morning. II. G.. r.