The Morning herald., 1878-05-10
OUR COUNTY COURT.
THE FOURTH Days
CENY AND ASSAULT AND BATTERY CASES.
Npw Castle Nav Qth 1879

OSN'e VI WV 0uu ACA AiuOI Huu VI buC
General Peace and Jail Delivery opened
this morning at 10 o'clock, Chief Justice
Comegy's and Associate Judges Wooten
and Houston on the bench.
The cases tried were as follows:
State VS. Wesley Butcher, COL, indicted
tor having, on the 23rd of December 1877,
stolen pair of boots the property of VIII
liam Hausey, COL, of Hocksssin in Mill
Creek Hundred. II. q. Turner acting At.
torney General for state, H. r. Pennington
for defendent.
There being variance in the Indictment
by giving the prisoners name as Hauser
when his real name was Hanser. On dir
ections of the Court the jury rendered
verdict of " not guilty
State VS. Joseph Smith. COL, indicted for
having on the 7th of April 1878 stolen two
bushels of corn in the ear, the property of
Samuel B. Sutton OF St. Georges Hundred.
The jury rendered q yer i!cE of "not
guilty" without leaving the box. The only
witness against Smith was William Hood
who was the day previous found guilty OF
the larceny of a silver watch from w. B.
Huggins oi Peucader Hid. William Hood
was then sentenced on the above charge by
the court, to be whipped on Saturday with
70 lashes, to be imprisoned for three
months and to wear convict's Jacket for
six months thereafter.
State VS. John G.. Hay indicted for hay.
ing assaulted with iutent to kill Dennis
Kane, who resides over Third street Bridge
In the city of Wilmington on the 18th day
of January last. Fl. R. Pennington acting
for Attorney General. council for state.
Levi G. Bird for defendant.
Dennis Kane, testified T reside in Will
mington: know Hay; he lives next door.
Last January on the night in question,
went up town with my wife; while we were
away, Hay came there and attempted to get
In. When came home about II O'Clock
Hay was behaving disorderly; Hay came
to my house and threatened to burn it down
and kill myself and family Hay came to
the front door, and commenced knocking
on the door don't know what with asked
him what he wanted. He said his wife
and children were in my house. I told him
that they were not. After he was pounds
Ing on the door sometime and refusing to
60 away. opened the door and struck
him over the head with Q cane. He then
went to his slaughter house and coming to
the back door of my house with q sledge
hammer and lantern, he tore of three or
four boards. Seeing my wife he said, "you.
you SOW, am going to kill you ANYHOW
He struck at me with the sledge hammer,
I II mad hook and h. n,
wife becoming frightened, left the house.
Fannie Kane, Dennis wife corroborated
the above testimony.
Micheal Cannon.-Police Officer testified
that he was called to 90 to Kane's house;
that Hay was to burn Kane's house; when
he reached Kane's house he saw Hay com>
ing out of his house with y lantern In one
hand and hatchet In the other; As he was
in the act of striking Kane's door, he
caught him and threw him on the ground,
and afterwards brought him to the hall:
Mr. and Mrs. Foster who were also in
the house, substaneiated the above evi-
dence.
Levi G. Bird in opening for the defense
produced several witnesses residing IN the
neighborhood who testified to his good
character.
The State recalled officer Cannon, who
testified that Hey's reputation for peace
and good order was very bad. The State
here rested their case.
Mr.. Bird, in closing for the defense, SAID
have been good many years at the bar,
but this is the first time where man was
indicted for assault with intent to kill when
no blow was struck. He got the hammer,
not to kill Kane, but to gain an entrance
into the house to get his wife and children,
whom he presumed to be concealed in there
He had right to do 1t, and to get what
rightfully belonged to him. What are
threats If not carried out by actions. Do
you think, gentlemen of the jury, that he
would carry out threat when his own
house was under the same roof. If he is
guilty of anythinghe is guilty of an assault,
and If he is the desperate man he ia repre.
sented to be, why didn't he carry out his
threats and kill tho man. The gentleman
closed in exhorting the jury to render q
verdict of not guilty.
H. G. Pennington, ESQ, then closed for
'he State, he said: Gentlemen, am sure
need not trespass upon your patience. In
.eviewing the evidence Of the case, the gen.
,leman said, If Kane had killed Hev when
attempting to enter his house, no jury in
New Castle county would convicted him of
murder. The testimony of Mr.. and Mrs.
Kane has not varied at any time. An
assault is an intent or offer to do violence to |
mother.
Chief Justice Comegys then charged the |
ury.
After about half-hour's deliberation the
ury returned verdict of guilty.
The Grand Jury returned from their
'hamber at quarter past four O'Clock, and |
here being no further business for them, |
hey were discharged from any further at.
endance at the present time.
State vs.Willis King and Solomon Hudson.
10Th colored, indicted for having, on or
bout the 7th Of August, 1877, assaulted
1ith intent to kill Joseph B. Blackburn, Of
Jew Castle Hd. Il. R. Pennington, acting
attorney General, for the State; Harry
'harpley for defendants. The assault took |
lace on the causeway leading from VII.
lington. Mr.. Blackburn was driving some
attie, which he had brought from Phila-
elphia, one of the cattle got into the