The daily gazette., 1877-11-24
Proceedings Of Court.

fTOCttulllSS vi UOulC'
Conclusion of the Robbery cdses-Outer
Minor Business--Taoo other Parties
Arraigaed for Rape. ,.v
NEW CASTLE, DEL, Nov.23, 1877.
Specially reported for the GAZETTE.
. At the conclusion of the proceedings,
published in to-day's late edition the
State had closed its testimony In the case
of State vs.. Whitlock.
Sergeant Whealen testified as to arres-
ting the inmates of the house, among
them being the prisoner, and said, when
told Whitlock of the charge, he said to
Fortner, who was with me: "Why d-n
it; here's your revolver-you gave 1t to
me to keep for you"
John Peoples,s worn: Was atthe house,
saw the plaintiff and Mr.. Bramble, saw
them drink; drank with them; they were
pretty full; didn't see prisoner come from
behind the bar; there were three or four
girls in the house; Mary Mcdowell was
sick; saw Fortner GO up stairs with one OF
the women; he was up there about fifteen
minutes; didn't see any pocket-book, saw
Fortner give prisoner the revolver,
Bramble said he would not 90 home Win
him if he didn't; he (Bramble) was afraid
plaintiff would shoot him; went out to see
them drive away.
Sewell Whltlock corroborated the
above.
Levi Davis, sworn: Saw the plaintiff
and Mr.. Bramble; didn't drink with them.
Saw them begin wrestling in the bar
room, Bramble felt the revolver and
Fortner refused, but gave 1t to the priso-
| ner; didn't see him Cthe prisoner) come
from behind the bar; he might have done
so. lI.,. ...t.., n..45.e9 ...,.-
The Grand Jury came in and were dis
charged until 10 o'clock Monday mora
ing. tl.
| the trial at the police Office; heard Mary
Mcdowell say she knew who took the
| money. heard her say it was Levi Davis;
she looked as though she had been
drinking. - a' -.-
Chief O'Toole also testified as above.
| When Mr.. Pennington closed his argu-
ment for the State, Court adjourned I'M
| til 3 o'clock in the afternoon. .. .I,
| .. AFTERNOON SESSION. ,s .r..
| Court reassem bled at 3 o'clock.
The case of State VS.. Whitlock was re-
sumed. ,e,u. !
The counsel for the defence made an
i able argument, followed by the counsel
/ for the State. Between half past four
and five O. clock the case went to the jury
who retired, and up to time of ths cars at
b O'CLOCK nau not rotuLnou AoA 'noAA
/ chamber.
| Patrick Maloney, who kept constantly
Interfering with the court officers in the
discharge of their duties, and persistlng
lin forcing his eloquence upon the ear,
was ordered by the Court to be confined
in the cells.
Patrick Mcbride, of Wilmington was
arraigned for attempted rape upon Mary
Duffy, jr., on the 2nd of September. He
pleaded not guilty.
Wm. Carsden and John Frisby were
arraigned for assault and battery upon
lad named James I'll. Clark, on the Sth of
October.
James H. Clark sworn: Live in st.
Georges hundred; know the prisoner
on the 8th of October was going out in
the wheat field saw Frisby; he waited
until came uD asked him why he beat
our hogs he began to curse me ordered
him away ; he would not go tried to
put him out, he turned on me and struck
me ; his mother and sister jeanne up
Frisby's mother was going TO cut my
head with a stick VIM. Carsden came
up with a big stone in his hand was
lgoing to hit me but his wife prevented
him.
Sophia CLARK, sworn : The trouble be-
gan In the morning while eating break
fast Frisby was seen chasing the hogs
James father told him to 90 out and
stop him for he had already crippled two;
Frisby becan to curse James In the al
ternoon heard some one say "Oh! don't
hit him don't hit him p did not see who
it was. N-. .--
The Jury retired and after ten minutes
: deliberation returned with verdict or
"guilty of assault against Carsden, "and
verdict of "guilty of assault and battery
against Firstly.
Frisby was sentenced to pay fine of
$50 and costs, and be imprisoned
months,
, Carsden was sentenced to pay fine of
S15 and costs, and be imprisoned
months.
State VS.. Chas. Biddle for assault and
battery on John Fisher.
II John Fisher, sworn:-Know the priso
oner; was going up town on the evening
of the assault; saw some acquaintance;
stood on the corner talking to them; Bid
: die came up and interfered; never MOTTO
{ ed him, went to walk away; saw him go
out in the street and pick up brick;
| didn't think he was going to throw 1t at
J me; as l turned around the brick struck
? me in the face; never gave him any cause
/ for the assault; it was five days before
, was able to appear against him at the
: Hail.
3 The Jury found the prisoner guilty
without leaving the box.
al The Court sentenced him to pay $25
| costs, and be imprisoned months.
I'll Samuel Brown, COL, arraigned for at
8 tempted rape upon Mary jenkins, on the
. 1st of June, In Mill Creek Hundred,
. pleaded not guilty,
3 The prisoner chose Mr. Lew y. BIRD,
as his counsel.
| Owing to a blander in the report of the
/ proceedings of yesterday, the sentences
pronounced by the Court in the cases of
l Sewell Starkey appeared attached to the
{ name of VIM. Carsden.
The sentence in. the case of VIM. Cars
: den, for an assault upon George Clark,
= with an attempt to kill Is as follows: Be
v fined $1,000 and costs of prosecution,
i stand one hour in the pillory, and be
0 imprisoned three years.
It AT the time of the departure of the
j. train for Wilmington, the Court was still
o in session, waiting for the jury in the
q case of State VS.. Whitlock to return.
eli