The daily gazette., 1878-11-21
FIFTH EDITION.
our COUNTY COURT.

NEW CASTLE, Noy. 21.-The court
room was well filed this morning by the
time the jury filed into their seats, and
the monotanous tones of the crier an
nounced the opening Of the court of
'General Sessions" ETC., and command
ed all persons having business Herewith
''to draw nigh and give their attention."
Judges Comegys, Houston and Wootten
were on the bench, and after the grand
and general jjuries had been called, the
special jury, summoned for attendance at
to-day's session, was called and discharg-
ed from further attendance upon this
court.
Levi G. Bird, Esq, counsel for Thos.
Garrity, indicted for breaking into the
cigar store of VIM. Rawnsley, in Will
mington, and stealing cigars, asked for
continuance of the case, OH the ground
that two witnesses for the defence, who
could prove his presence at another
place at the time the robbery was alleged
TO have been committed, were now in
Philadelphia, and would not come to
this term OF Court. Mr.. Bird said that
Garrity's mother was abundantly able to
furnish bail for his appearance at the
next term of Court.
ii. Il. Pennington, Esq, said he was
counsel for Hagany, who was indicted in
connection with Garrity, hut he did not
know wether his man wanted a continu-
ance or not.
The Court said If the Aitorney-G General
was wiling there might be a severance of
the two cases, and one of them con-
tirued.
Thos. Garrity was then brought into
Court, and in answer to questions of his
counsel, swore that he had two material
witnesses on his behalf, who were in
Philadelphia, and could not be brought
TO this term of Court. He claimed that
these witnesses would prove an abb for
him on the night of the alleged robbery.
Deputy Attorney General Robinson
said he would not object to the request of
caHnsel If no further continuance was
asked for.
The Court then granted q continuance
in the case of GarriIy and fixed his bail at
$500.
The case of VIM. Moreland, indicted
for receiving stolen property, was also
continued until next term, at the request
OF his counsel, n. H.. Pennington, Esq, on
the ground of the absence of material
witness for the defence. Bail was fixed
$500.
The case of Philip Dollard indicted for
breaking into the shoe inanufactory of
Peter Mccullough, in Wilmington, on
t he night of Friday, April last, was then
esumed.
VIM Fisher, recalled :-Ifirst met Dol.
lard and Moore ou Sixth street, near
Walnut ION the night of the robbery y
l was then on my way home; we went TO
Fourth and Orange, and got drinks; left
there together, got in a wagon at the
door, and went TO Sixth and Penn
streets; Moore left the saloon for awhile
while we were there, aud 1 think he
hFn IFfhf Nh.. ~ gfs--
and Penn streets Moore and Dollard
went away, and left me with the wagon;
i did not knew what place they were
| going to break into, but | knew they
Were going TO make haul, as h arl
Msore said that rs what they came down
for; waited near the wagon for about
| two hours Frank More came back
alone, about midnight; l was standing
then at Seventh and Penn; he asked me
If the team was all right, and / said 1t
was; 1t was standing in a back yard on
Penn street, above Sixth; he got the team
and drove of; | then walked around to
Seventh and Walnut; saw Moore and an.
other man, whom ] supposed to be Dol
lard, coming up Walnut sire ct, IN the
| wagon M oore asked me to steer them on
the way TO Philadelphia, and walked
on the pavement as far As Ninth and
| King, when / left them
They drove out King street, ! did not
know what the wag on contained; a day
| or to after saw Dollard In PhiladeIphia,
at his boarding house; he was sick in
| bed; in our conversation he remarked
that they had made a good haul;n afIer-
wards saw Dollard aud Moore in Frank
| Whites Saloons lat Seconed and LON bard.
| but did not talk with them about the rob.
berry; newer offered to sell Philip Doll
ard one hundred dollars in counterfeit
money for s35; never offered any coun.
( terfeit money To any person.
The prisoners counsel, II, n. Penniny.
ton, Esq, then began to question the wit
ness to the character OF his boarding
house mistress in Philadelphia, and also
in relation to his statements TO Dollard
whether he did not tell Dolard that ht
was going to turn States evidence by the
advice of his counsel; and also, whether
he dld not say to Dollard, "for G od's sax,
don't say anything about that Altoona
| affair"
Deputy Robinson objected to thes,
questions on the ground of their irrele
| vance.
Witness further stated that he did no
remember saying TO Alvan Townsle,
that it "was n shame me and Dollar,
should be brought into this affair iuuo
| Gently"
Conrad ManZ, bsing sworn, testified
that Fisher was IN his saloon "A few day,
before the robbery, in company with tw,
strangers; he could not swear that Dol
lard was one of the men.
Police Sergeant James T. Whelan ter
tilted that the jimmy captured in Cheste
when Dollard and Moore were arrested
was compared by HIM with the mark
made in the door of Mccullough 's factor
on the night of the robbery, and foun
to fit very closely. Witness testified tina
ne saw TWO men standing in front {
McCuiiouRh's factory on the night of tn
robbery, but did not know them.
Clarence Mccullough testified to tn
facts of the robbery of his fathers sho
factory; detective of Philadelphia wa
sent for, and came down but staid aroun
some time without finding out anythin
Dollatd was recognized at NJ edia by Fisl
1 er, as one of the parties concerned in II
robbery.
The State here rested its case.
II. Pennington, Esq, then procee,
ed TO briefly address tbejury on behalf ,
III the state was not sufficient to establis
the gnilt of the accused, and said he ha
the names of persons who could pro1
that at the time of the robbery DollaI
was sick in bed at his hnardi N or boua,,