The daily gazette., 1877-11-22
Proceedings Of Court.
Interesting Session-Oae or t,oo Liquor
Gases Disposed of-The Verdict in
the Barry Case-'Btubber" Dauis Ar-
TdiQned

the Barry Case-'Btubber" Dacis ar
rdigned.
NEW CASTLE, Nov. %.
The following is continuation of the
court proceedings published in the late
edition of yesterday.
The jury In the case of State VS.. Sewall
starkey, returned with verdict Of "not
guilty."
State VS.. Alexander Gray for the lar
ceny of an overcoat from Mr.. David
Lemon.
1t appears that the prisoner had gone
to the house of Mr.. Lemon, for some
cause, and whilst there saw the over
coat conveniently near him, seized on to
it and left. He acknowledged as to
stealing the coat; but made such atouch-
ing appeal for mercy, on the plea of being
unconscious of the act, that the jury re-
turned with verdict Of mot guilty."
State VS.. Levitt Morrell, for assault
and battery on Mrs. Sarah Seltzer, who
resides in Wilmington.
The defendant is an itinerant lung
tester-going about with an instrument TO
test the capacity of the lungs of the
curious.
The only witness was liJtle girl, who
testified that she was present when the
prisoner entered the house of Mrs. Seltzer
saw him take the liberties with the per-
son of the plaintiff; heard him ordered
out, which order he refused to obey.
The defendant pleaded his own case,
showing that he was unable to commit
the offense alleged against him-being q
paralytic. Being thus afflicted, he ex-
planned that consequently he could not
summon the strength to commit an as
sault, however willing he might be to
do it.
The jury after few minutes delibera-
tion returned with verdict of "not gull
ty:"
The Grand Jury came in with num-
Der of true bills, and were discharged
until o'clock in the afternoon.
The jury in the case of State VS.. VIM
Barry, returned with verdict of "guil-
ty."
State VS.. Andrew Grotz for selling
liquor without license. Found guilty
and sentenced to a fine of $50 and costs.
At 1.30 O'Clock Court adjourned until
8 p. N. ..#..,
AFTERNOON SESSION.
Court re-assembled at 8 o'clock, Judges
Comegys, Houston and Wales on the
bench. The Grand Jury answered to
their names and retired.
Bessie Curley, Thos. Taylor and Alex.
Taylor were arraigned for larceny, and
pleaded ''not guilty"
Mr.. Grubb asked for continuance of
the case against Mr.. Beers, for selling
liquor without license, as he was con-
fined to his bed,
Mr.. Turner also asked for a continu-
ance in favor of Mr.. Schmuck, who is,
according to the affidavit of the physician
in the last stages of consumption.
The court deferred its decision in both
cases.
Eberhard Freye, for selling liquor with
out license, pleaded guilty, and was SEN
fenced to pay fine of 500 in each of the
two indictments, and costs of prosecu-
ton.
State VS.. George Livingston for larceny
of silver coins from N. Z. Janney.
The prisoner was genteel In appear
ance, and 1t was evident from his looks
that his imprisonment had told sadly
upon his constitution.
The defendant had no witness or coun.
sci land Mr.. Vallandigham volunteered to
argue the case.
Mr.. N. l.. Janney, sworn know The
pAloouol, Cdnlo luOO my pidCo Vi DuSln ness
TO purchase berries; gave me i've dollar
note from which L was to take the price
of the berries; poured out lot of change
on the counter; he helped me to count til q
money; once or twice he walked behind
me and returned with his hand in his
pockets: next time / determined to watch
him; saw hlm gather three or four 25
cent pieces in the heart of his hand and
hold them there with his litthe finger,
hr.f al nj r.
any.
The witness Wllted SON ewhat beneath
the heavy cross-examination by the coun-
sci of the defendant.
Mr.. Vallandigham opened argument
with an extemporaneous address, show
ing the possibility of the money being
stolen prior to defendant entering plain
tiff's place of business.
Mr.. Turner closed on the part of the
State.
The jury retired and returned with a
verdict of "not guilty"
The Grand Jury came in with true bills
and were discharged until tomorrow
morning at 10 o'clock.
The next case was that of Bessie
Curiey, for larceny.
1t appears that Bessie was employed as
chamhermaid In the house of Mr.. Daniel
James, 707 West street, Wilmington.
L
phia, where she was arrested by Detec-
tive VIM. e. Woodward on a charge of
theft. He there searched her and found
a couple of pawn tickets in her pocket.
He then went to her boarding house,
opened her trunk and found about 20
napkins and other things. He went to
the pawn shop and recovered the ar
ticles that the checks called for, and
brought them with his prisoner TO Viii
mington. The defendant acknowledged
the theft of the articles, and stated where
she got them. Mr.. James was sent for
and identified the napkins aud other ar
ticles which were taken by Bessie while
in his employ as being his. The case was
then given to the jury, who returned
verdict of guilty.
The Court sentenced her to pay $1,000
restitution money and be imprisoned
three months.
VIM. Barry for robbing Mr.. Samuel
Pusey's house, was sentenced to pay $12
restitution money and costs of prosecu-
ton, on Saturday next be whipped with
20 lashes, stand one hour in the pillory
and be imprisoned one year.
Frank Barrett and William Carsden
for assault, and Thomas, alias "Blubber'
Davis, for the theft of shoes on the 18th
of June, were arraigned and all pleaded
"not guilty"
At $50 p. m. Court adjourned till to-
morrow morning at 10 O'Clock.