The daily gazette., 1877-12-06
Proceedings of Court.

THE CRIMINAL CALENDAR TAKEN
UP-AN OUTRAGE CASE SUMMA-
RILY SETTLED-SOME POULTRY
RAISERS" ARRAIGNED-OTHE
CRIMINAL CASES.
NEW CASTLE, December 8.
1.-THE proceedings of court subsequent to
those published in the GAZETTE of yester-
day are as follows:l
Richard Freye. for selling liquor with
out licence, plead guilty and was fined $50
and costs In each of two cases.
State VS.. "Blubber" Davis. Charged with
breaking into and stealing from the store
of John Green, on West Second street. in
18th of June.
Mr.. Green, on coming to the store the
following morning, found the glass broken
aud the sash pried from Its fastenings. A
short time after he was sent for to come 70
the hall and identity pair of shoes that
were thought TO be his, which were taken
from the feet of "Blubber" Davis.
Mr.. Green testified that the shoes were
his property.
Mr.. o'Toole, Chief of Police, testified to
having Davis arrested and finding the
shoes upon his feet.
John BarenDach sworn-Know the pris-
oner; was talking with him on the 18th OF
18th of June on King street in Whining
toni while standing there a boy came up
them; said he would sell them to "Blub-
ber' for $1.25 If he (Davis) would treat
they were pair of low walking shoes
such as described by Mr.. Green Davis
ones.
Case given to the jury without argu.
ment, who soon returned with a verdict OF
not guilty of the charge of house breaking
but guilty of larceny.
State VS.. Samuel Brown, COL. for assault
with intent to commit rape upon Mary
Jenkins, col. ). on the 1st of June, in Mill
Greek hundred.
Mary Jenkins sworn-Live In Mill Greek
hundred; lived there on the 1st of June
knew Brown for eight years; on this after.
noon was walking with him towards my
nome, and when near Persons woods he
caught hold of me and tried to pull me in
to the woods; l halloed, and some men
coming along he let go and ran; before |
ran he put his hand over my mouth and
said he would murder me If did not shut
up.
Cross-examined by Mr.. BIrd-Live at
here; our kitchen is in Pennsylvania and
the other part of the house in Delaware;
was coming home from Hockessin; met
Brown at Daniel Creeden's store; had one
drink there; IL was whisky; took no more
Mr.: Bird-How many drinks have you
had this morning9
Mary-Me drink; me?
Mr.. Bird-Yes, you; haven't you had a
drink this morning?
Mary-Me drink; what do want drink
for?
Mr.. Bird Now answer my question.
Have you, or have you not ha l drink OF
whisky In New Castle this morning?
Mary--contemptu drink in
New Castle? 1 didn't think enough of it.
e-severely-Answer that question
Have you been drinking this morning?
Mary-Me! This morning? o, yes; had
a pain.
This confession threw the whole court
into loud laughter, and 1t was a considera-
Bile time before order was restored.
When all became quiet the Attorney
General arose and told the court that the
State abandoned the case on the ground OF
lack of evidence.
samuel Brown was set at liberty. to the
joy of himself and his many friends, who
gathered around to congratulate him
Court then adjourned until three o'clock
this afternoon.
AFTERNOON SESSION,
Court re-assembled at three O'Clock.
Robert Allen, COL, was arraigned for
stealing q turkey and three chickens, and
George Crisden, col, for b lying, receiving
not guilty. The fowls were stolen from
Samuel B. Nields, on the 1st of December.
Hannah Brown, for selling liquor with
out license, was found guilty.
John Glenn, for selling liquor without a
license, was found guilty by the jury with
out leaving the box.
State VS.. Samuel Pryor and Chas. Rasin
for stealing two bushels of corn from the
field of James Mansfield, near Christiana,
on November 18th.
The facts are these: Mr.. Mansfield was
going through his field on the night in
question when he noticed some bars of the
fence down. His suspicious being aroused
he Investigated the affair, and found that
some one had been there and carried of
about three bushels OF corn-nearly strip
ping one shock. He was told that Rasln
and another man had been seen coming
from the field with lot OF corn. He ac-
cordingly broached the subject to Rasin,
who denied 1t, but upon Mans1eld's offer
he agreed to pay for the corn stolen and let
the matter drop. This he failed to do, and
hence his appearance in court. No evil
dence given Identifying Pryor the court
instructed the jury to bring in against him
a verdict of not guilty
Rasin pleaded his own case, and did 1t
with SO m uch tact and earnestness that a
favorable impression was made on the
jury. His prOtestations of his good char
acter was so strongly proven by testimony
OF gentlemen of respectability, whom Le
had recognized in the room and called
upon, that the jury after deliberating
about 20 minutes, returned with a verdict
of not guilty in both cases.
State VS.. Columbus Henry Fighter (col.),
for entering the house of VIM. McLond. In
Hundred, on the 7th OF May
last, and stealing therefrom pair OF pants,
a vest, shirt studs, sleeve buttons. sixty
dollars in money, purse and other arti-
cles.
J. L, Vallandigham and II. B. Pennington
for the deiense, aud Mr.. Turner,
counsel for the State.
The testimony of the witnesses for the de-
tense brought forth the following : That
the prisoner was seen about the premis es
and lat part of the goods had bsen pawned
by him. and the purse and otoer articles
we're found upon his person when arrested.
Mr.; %healen. of the police force, said that
kUA 4rlI Ia sF..f fk~aA g. L.
alb out his 20 session of the goods, and one of
then was that man mad sold them to him
IN Chester. He, however, had told Mr..
Wheaieu hat when the property was taken
that he anu another man had divided the
goods, ne (Righter) took the larger articles.
The State had just, closed when the court