The daily gazette., 1877-05-08

Specially Reported for the GAZETTE
NEW CASTLE, May 7.
Inc Court OF Oyer and Terminer and
5eneral Session Of the Peace and Jail
Delivery opened here this morning Chief
Justice CSinegys and Judges Houston
and Wales on the bench.
The Grand Jury was called. and all
answered to their names except tbarlss
q. Ash, who was excused by the Conr
on account of sickness.
VIM. Candy was appointed foreman
by the Court. '''''
The members were then seyerallv
sworn or affirmed, after which they were
briefly charged by Judge Houston.
In opening, His Homer announced that
owing to his suffering from hoarseness he
would of necessity have to be brief i'm his
remarks. He then briefly reviewed the
general duties of the Grand Inquest. and
their peculiar nature. Their findings are
based purely on eG pdrte evidence, and
are not final, as they have to be subse-
quently acted upon by the Court and the
General Jury. But Notwithstanding this
fact it is incumbent upon the Grand .Jurv
70 exercise the utmost circumspectionand
care in the performance of their duties. as
1t is grave matter to charge any citizen
with, and place him upon trial for a
crime of which he is not guilty.
The duties of the Grand jury are plain
ly set forth in the obligations which each
member takes upon himself, but if they
find any difficulty or enter ain any doubt
in the performance of these duties. thew
have the privilege of applying to the At
torney General for assistance, he being
their counsel and adviser. And if he is
not able or ready TO give the required
advice, then the Grand Jury can apply to
the Court.
His Honor further alluded to the fact
of the Grand Jury at this term being
comprised of only twenty-three members,
Gone being excused on account of sick
ness); twelve members would comprise
the necessary majority tor finding an in
dictment; but not less than twelve would
answer, and in case any less than twelve
gave their assent to an indictment the
bill would have to be Ignored.
The Court then called particular atten-
tion to the "Act regulating the sale of
liquors." passed at Dover
April 10, 1873, by the seventh section of
which it is made the duty of the Grand
Jury to present any persons 'whom they
know to have violated any of the provis-
ions of this act, and the duty of each
member thereof individually TO make
known to his fellows and to the Attorney
General any such violation, so that any
such offender shall be prosecuted and
punished. And it shall be the
duty Of the Court in every gen.
eral charge to the Grand Jury to call es-
pecial attention to the provisions of this
act, and their duty as herein pres cribed."
In enlarging somewhat upon the SUBJ
ject. the Court stated, that the great
difficulty in the enforcement of this act
il tne JroH BILE to find the Necessary wit
ness. 1t is q very easy matter to pass a
law for tle restraint of this evil of in
but it is rather difficult to
enforce it. Two persons are
always necessary to a contract "a seller
and buyer-and it Is the duty of the
Attorney General, under the provisions
of this act, to not only charge some par
ticular person with having sold liquor
contrary to the provisions of the Law but
to charge that he sold to some particular
person. Most persons who buy liQaor
from person who is selling contrary to
law are very reluctant to swear to the
fact, and this causes great trouble in the
enforcement OF the law, and enables pers
sons to sell liquor In an illegal manner,
openly and. without reserve.
To find the Necessary proof, therefore,
is very hard mrtter, and no chafges for
violation Of this law can be proven
except by the testimony of competent
- hA tnN
In the prevention of an illegal liquor
traffic, will be vigilant in hunting up
and will bring them to the
Court, The Court will try the Cases aud |
the Attorney General will use his utmost |
efforts to bring the offenders to justice
The charge here ended, and the Grand |
Jury retired 10 their room.
The members OF the General Jury were
called.
The Court then took up the unfinished |
calendar G#
The suits of the city against the Brandy-
wine manufacturers on u charge OF throw
impurities into the Brandywine water were
ontlnued until next term. Also, the c. ses
of vari ous parties charged with illegal
voting at the State elections in October aud
and November last.
The case of John Scbmuck, of Wilmington
in iicted ut the November term for selling
Iiquor without license, was disconlMu~d,
Oh account of the plaintiff being represented
AS suffering from pulmonary consumption,
and being unable to attend court.
Bonds were forfeited for the non-appear-.
ance of lhe folio wing persons, against whom
were found at he last court
Tor carrying on manufacturing or other
business without ttklng out the required
State license
Gotteib Rhefuss. Joseph C,mpbeIl,
George jack, Alfred hIndie, James Rus
sell, Phlp w. Mcdowell, Phihp Nc Dow
ell T Enm-tt RJbiusuo, WIN. Miller, john
E Gialts, D. Fox, j Jhn L. Gouey, Aham
HunaI, E. F. james, VIM. Alexander,
George O'Byrne. PatricN Dann, } 1hn Bal-
ger, Joseph Bryer, Sam'I X. Bal, JAMES
Mar in, Geo,ge q. Robnson, Frank Dug
gan. John KirpatricK, Amos Bradley, VIM
H. H. ADKINS, Wan. e. CArnogs, VIM
Hammond.
la the cases of the following parties
charged Ms above, noNe pros was entered
Cnrrles SmIh, Wm. McCau'ley " Coz
Wm. More u Co., j. E West, Leopold
The following prisoners confined for
failure to pay tine and Costs, were oraereu
TO lie discharged
4. IN