The Morning herald., 1878-12-05
LOCAL AFFAIRS.
OYER AND TERMINER.
DRAPER'S DEADLY AXE,

L
woRK-LITTLB DONE IN THE FoRENooH
But LOTS LATER IN TIE DAY THE HAM
TOWN HONICIEE--DRAPER's TRIAL.
Especial Correspondence of the HERALD. !
| NEW CASTLE, Dec. 4, 1873.
Court opened at the usual hour this morn
Jog with Judges Comegys, Wooten, Hous-
ton and Wales presiding.
The crowd In the Court Room and the
interest manifested In the proceedings were
little less than yesterday.
The witnesses summoned in the case ol
Brown, the Claymont train wrecker
although discharged yesterday until to.
morrow, we're Summoned over to-day to
testify before the Grand Jury In relation to
the number of the wrecked locomotive,
which was specified in the Indictment al
NO " when 1t was In reality No. ~, thus
making the drawing up of new indist>
N Mt necessary.
| Mr.. Lore, counsel tor Joseph Flanagan,
In the case of VIM. P. Karr VS.. Joseph
Flanagan, gsrnishee of Robert Lee, which
was tried some days ago, and verdict rem
dercd In favor Of the plaintiff, having
moved new trial, Mr.. Bird opposed It.
The grounds on which the new trial was
moved for were: First, that the verdict
was not in accordance with the evidence;
second, that material testim ony had been
discovered since the trial; third, that o re-
ceipt in full. between Mr.. Bird, Karr's
coul sci, and Flanagan had been discov>
cred.
The motion for new trial was denied
Alfred McCracken was arraigned on the
charge of stealing brass stencil brands from
Messrs. G. w. Pennypacker & Co., valued
at SIS each, last September. He pleaded
not iguilty, and being ready for trial, the
case was taken up. A. N. Robinson, ESQ.,,
appeared for the Slate. The prisoner was
not represented.
Sergeant Whalen testified to getting the
plates from the junk shop Of James Lamt
In Wilmington.
James Lamb testified to buying the plates
from young man resembling McCracken
for 20 cents.
Joseph Doyle testified that McCracken
vas the An who sold them to Lamb, but
upon being questioned by the prisoner the
witness said he was not quite positive ol
the fact.
In charging the jury, Chief Justice
Comegys said that the identity OF the mar
was not as strong as 1t might be. The
prisoner must be presumed innocent until
he 10 proved guilty, and before verdict ol
guilty is brought in the guilt must be estab'
lished beyond a reasonable doubt.
The jury, after being out for few
minutes, returned verdict OF not guilty.
The prisoner was then discharged, snd
before leaving the dock thanked the judge
and jury.
The Grand Jury came In II so, and mad
a report, which will be found elsewhere
In replying to the report the Chief Justice
said it was valuable one, and one which
met with the approval of the Court. 'lt
renders unnecessary" said he, the action
we intended to take in regard to the Sheriff
fulfilling his duty as to the con6nemenE oi
prisoners. 1t has been great scandal tC
the administration of justice in this county
that prisoners have been allowed to 70 al
large No Sheriff has right to grant snch
permission, and any Sheriff so offsndine
ought long ago to hive been indicted.
l* Y We do intend, now and hereafter
whenever we know of any person whs II
confined under sentence for crime, is al
lowed to 20 at large, the Sheriff shall bt
Indicted II the Grand Jury will do 1t.
X n u 1t is the duty OF the Sheriff tC
allow access to the prisoners only at proper
times and under proper restrictions. (Ihe
court then read an extract from the 18th
section, Bill of Rights.) We say to the
Sheriff in the presence OF this jury, that he
is not to allow iLdiscriminate visiting to the
Jail. ....
The Grand Jury was then discharged.
The trial of George Draper tor the mnr
der of John Wilson, near Middlet0wn, IL
September last, was commenced. The EN-.
pannelliDg of the jury, which occupied
about half an hour, resulted as fellows:
| Accepted-James M. Hirst, ALFRED b.
| Mckee, John G Morrison, j. I. Brown,
Lewis A. Wright, John W. Penningten,
Lorenzo B. CHM, Franklin Wright, VIM
Murphy, Howard Jordan, James l.. Black
and James T. Veazey.
| Challenged-J. Henry Houston, George
Fl. Powell, David Morrison, Samuel Gregg,
John McKeowin, Richard 7. Marin, Edgar
Sheppard, Jesse James, Robert Buck, John
T. Wedin, VIM. NJ. Hawthorne, Matthew
Rtlett, James Powell and John 8. Casper
son.
| Conscientious scruples Nicholas e. Price
Job s. Austin, Alexander Everson and
William Nsilor.
Excused-Joseph Cleaver.
After the empannelling the prisoner was
taken back to his cell, aad the general
Jurors, except those just empanelled were
discharged until to- day.
Court then, at 1.S0, took recess until 3
o'clock. '.,
AFTERNOON SESSION.
Upon the re-assembling of Court at 8
O'Clock, the case of Draper was taken up.
H. G. Conrad, Esq, appeared for the de-
The case was opened by A. N. Robinson,
ESQ :, for the State, who said the case was
one of much more Importance, than any
yet tried st this term Of Court. The
prisoner at the har has all the protection OF
the law. Ia tbs selection of the jury he
has much favor shown him. The case Ia
one of murder, and Of cold and deliberate
murdvr at tha,. The counsel then went on
/ To- lvx