The daily gazette., 1877-11-28

Combination Of Ciuu and Criminal
Bustness Counsel for Chambers and Col
Inns ask for a ne1o Trial-More Liquor
Gases Ground Through.
NEW CASTLE Nov. 27.
The time from II m. to 1.30 p. M, was
consumed by counsels, in the civil suits
arguing the why's and wherefores of each
individuals (their clients interests In a
trial, passing over, or continuance of
their respective cases.
Near the time for adjourning, the Jury
in the case sof State VS.. Hinson having
brought in averdict ofguilty, the court sen
fenced the prisoner to pay 50 restitution
money and costs of prosecution, on Satur-
day next be whipped with 20 lashes, be
imprisoned three months, and wear a
convict jacket for three months thereafter
rs a badge of his crime.
At half past one, court adjourned until
three O'Clock in the afternoon.
AFTERNOON SESSION.
Court re-assembled at three o'clock.
Immediately after the Court had been
opened, Mr.. Vallandigham, counsel, for
Samuel Chambers and George Collins,
who are now in Jail awaiting their SEN
tence of death, for the outrage upon Mrs,
Smith, asked for a new trial. The rea-
sons assigned, Tor the application oa the
part of Chambers are, that the minds of
the jury were preiudiced against him.
through the bringing in,in the trial, of the
statement, or confession, of Geo. Collins.
The refusal of the court to try the prso-
ners separately made it necessary for the
introduction of the statement, to be used
as evidence against Chamber. The fact
that collins confessed, under oatn to be-
ing with Chambers and participating in
the act; and that his confession bore upon
the minds of the jury detrimental ;c
Chambers safety, was thought by the
counsel, as reason weighty enough to in
sure Chambers new trial.
And again, since the trial he has dis
covered that he can prove an abb. He
alleges that he can bring sufficient proc
to testify that he was somewhere else be
tween the hours of eight and nine, or
that eyentful night.
On the part of Collins, the counsef'
prayer set forth the plea that the tria
was illegal, because Of an attempted ac
being being tried in connection with al
actual one. Ut will be remembered tina
there were two indictments-each priso
ners being accessory to the act of tn
! other.) It also set forth as strong ple
the lack of evidence on the part of Mrs
| Smith to fasten the guilt upon him. TIL
/; Court refused to grant new trial.
The Sheriff was directed to release Mr.
: and Mrs. Smith from custody. The fee
of the two persons combined amounte
to $3.50, which was given to them an
they departed.
In order to fill up the leisure moment
advantageously the liquor cases wer
taken up.
n The first was that of State VS.. Charlie
q Doustrap, for selling liquor without Ii
cense. lie plead guilty. The court sci
fenced him to pay fine of 500 an
= costs of prosecution. There was anotl
l. er Indictment against him, but owing
i'll health and other circumstances 1t Wi
: continued under the promise that
would violate the law no more.
: State VS.. Daniel Creeden, of Mi
Creek hundred, for the same offence
above.
His name being called and falling
~ answer, his bail bonds were declared fo
!, feited, and the case went to trial.
o, From the testimony it could not
~ lposiuively stated whether the party Ike
'' a bar for the sale of spiriLuous liquo
s, or whether 1t was from his own priva
- reservoir, that his wife, who had sold t
- drink to the witness, had drawn the eli
er. That, however, was the subject
n. two hours discussion by the jury who !
at turned with verdict Of guilty.
10. John Henselman, who was indict'
for selling liquor without license, L
answering to his name, his bail bon
IS, were declared forfeited. Mr.. Jo
Fehrenback was his security in two i
d. indictments, 5000 each.
a His trial proceeded and in each cf
the jury brought in verdict Of gui
he without leaving the tox.
" About $50 the court adjourned ur
10 o'clock tomorrow morning.
THE MARKETS.