Middletown transcript., 1876-12-02
Proce.d.nx. Of Court.
FRIDAY, Nov. 24th.

FIFTH DAY.
State vs. Samuel w. Hamilton, disturbing
a religious meeting. Continued to next term,
defendant being held in $500 bail.
In the case of George Wagner, indicted for
assault and battery on B. F. Grubb, in Will
mington, on the night of Nov. 9th, for hur-
rahing for Tilden and Hendricks, nolle pros.
was entered,
Sewell Starkey (negro) and Chas. b. Ogden
indicted for assault and battery were each ac-
quilted.
Margaret McMonigle, of Hedgsville, charged
two boys James and Michael Collins 10 and
IL years old, with stealing $40 note from
her, but couldn't remember whether it was q
National Bank note or green back. and so
the boys got off
| Benz Delaney, negro, was indicted for
stealing $21.7o from the trunk of Alfred T.
Brown, at Delaware City, last July. The
only way Alfred could prove that the money
was his was "by its feel'' and the jury
thought that felt too thin and SO let Benjamin
depart in peace.
On the opening of the court the Grand Jury
asked for legal definition of "a nuisance"
to enable them to more intelligently consider
and act upon the bills to indict Bancroft
Sons, and Jessup b Moore, Of Wilmington,
for emptying noxious matter into the Brandy
wine. The court complied with their request
and defined nuisance to be "any trade or
business carried on in town or populous
neighborhood, or near public road or high
way, which produced noxious or offensive
smells to the annoyance of the neighborhood,
or persons travelling along the public road"
Any trade or employment detrimental to the
public health would be nuisance.
The case of the State cs. Heal, indicted for
an assault upon John O'Byrue, Esq on elec-
tion day came up with other election cases
upon the writs Of habeas corpus cum causa,
issued by the United States Circuit Court, in
order to transfer the cases from the State
Court. These writs were served by the Mar
shal upon Sheriff Grubb on the presumption
that the defendants were in his custody, but
as they were ont on recognizance the Sheriff
handed them to the Clerk who asked instruc-
tions flom the Court.
Attorney General Pennington, for the State,
claimed that the State Court was not bound
to obey the writs in as much as they did not
show the Jurisdiction of the Circuit Court in
the matter.
United States Attorney Spruance claimed
that the State Courts were bound under the
Federal laws to obey.
The court decided that they should decline
to obey the writ or stay proceedings, alleging
as a ground that the writs of "habeas curpes"
did not set forth any grounds which gave the
Circuit Court jurisdiction, and as such Fed
eral jurisdiction was limited in its extent it
should be disclosed in the face of the writ
The matter was compromised by Mr.. Spru-
ance promising TO bring into court to-day
certified copy of the petition and affidavit filed
in the Circuit Court as the basis of the writs
SEVENTH DAY.
The time on Wednesday was mostly taken
up with the settlement of petty cases. The
''election cases'' were continued to next term;
the Grand Jury made its report and was dis
charged, having passed upon 25l bills, 35 of
which they ignored. In the evening the petit
jury was discharged and the court adjourned
till next Monday.