Middletown transcript., 1878-12-07
Court Proceedings.

The attention CT the court on Saturday, and
during the morning session OF Monday was
occupied with the Dougherty will case, which
was given to the jury at l.l5 P. NJ. The sher-
iff' sale of the Reybold farm, which took
place on the 18th Ct November last was set
aside on the ground of inadequacy of price
ION Tuesday morning the court of Oyer
AMI Terminer was formerly opened At l0.25
VIM. Newcombe, Philip Vincent and Mrs.
Amelia Dodson were brought in and arraigned;
the men on a charge of assault with intent to
kill James Jones, and the woman with being
present and aiding apd abetting the crime.
The prisoners plead mot guilty" and Mon
day afternoon was fixed as the earliest date for
taking the case up. Messrs. Lore and Gray
will defend the accused in the case..... Draper,
the murderer Of Wilson, at Hamtown, and
VIM. Harris, the murderer Of Isaac Hopkins,
at Townsend, last December, all colored, were
arraigned and plead not guilty. H. G. Con
rad, Esq, was assigned as .Draper's counsel,
and B. C, Nields, Esq, as Harris counsel.
Harley G. Brown, known as the train wreck
er, was then brought in and arraigned on
the charge of having twilfully and malicious
ly placed, on the 29th of June last a certain
obstruction on the track of the P. w. B.
railroad, thereby causing the death of George
Babe, Jr." The indictment is very long, and
its reading occupied twenty minutes. Brown
plead 'not guilty." Chas. B. Lore, Esq, is
his counsel. At 1925 on Tuesday, the jury
in the Dougherty will case came into court
and reported that they were unable to agree
upon verdict, and were discharged. The
Jury stood nine for sustaining the will, and
three for setting it aside. In the case OF Hos
singers executors vs.. James R. c. Oldham,
the rule to set aside sheriff S sale was taken
up George Gray, Esq, for Oldham, asked
that the rule be made absolute on the follow
ing grounds: First-Inadequacy of price;
Second-Defective description of the property
That the sheriff did not ascertain that one of
the papers in which the sale was advertised
was the paper having the largest circulation in
the county. The court directed that the rule
be made absolute, and the sale set aside on.
the two grounds first mentioned......On We'd
nesday morning court opened at ID O'Clock,
Judges Comegys, Wooten, Houston and Wales
on the bench. There being flaw in the in
dictment Of Harley G. Brown in regard to the
number of the locomotive thrown from the
track the witnesses in the case were all sum-
moned to appear again before the grand jury.
The case Of State vs. A. McCracken, for the
larceny of stencil brands, was then tried. Yer
dict Of mot guilty." Two divorces UinculO
uatrimonii were granted by the court which
confirmed the finding Of the commission in the
cases. The parties to the first suit were Jacob
A. Null, vs. Georgina Null; to the second
suit. Elwood G. Hill vs. Olive Hill. so
the grand jury presented their report asynop-
sis of which we give elsewhere. They were
then discharged. Harley G. Brown was
brought out and re-arraigned, after which the
trial of George Draper was commenced. About
half an hour was occupied in empanelling the
iury. and the court took a recess until 0 clock
The Draper case was given to the jury at 7 40
P. NJ. and they retired to their room where
they put 10 the night coming down Thursday
morning with a verdict of murder in the sec
ond degree. SEM was deferred Court
opened Thursday morning, at 10 o'clock. On
account Of absent witnesses tbs Harris homi-
| eide case vast postponed for the present The
witnesses were then called and the prelimina-
ries arranged for the trial of Harley G. Brown,
and at l0P. NJ. the prisoner was placed. In
the dock. Forty-,hree names were called be-
fore the panel was completed. Fifteen were
challenged eleven had expressed an opinion,
and FIVE had conscientious serup.es. The fol-
lowing are the jurors w. Jerome Eliason,
Samuel ]. Mccall, James NJ. Hirst, Elwood W.
Makee. Joseph P. Brown, franklin Wright,
John F. Weldon, Joseph Henry Hanson, Frank
3 Brown, William Morrison, William G. Car
nary, and William Murphey. Brown is in
dicted on the follow lug section of the revised
statues, which provides
"That if any person shall wilfully and ma
liciously place any log, stone, bar, or ooslrne-
| t;ons On the road-bed or track Of any railroad
~, Ctate and if any
nerson shan be killed by reason of such OBJ
strnction. the person so offending shall be
Saarned guilty Of murder in the first degree,
and If felony, and shall suffer death"
After the reading Of the Indictment the At
torney-General opened the case and the exam
ins,ion Of witnesses for the State was com
mepced. Case still on trial.