Daily Republican., 1878-11-22
FIRST EDITION.
OUR UoUNTY GOURT.

AZ - As& IA
rhe MeCaIlWugh shoe Rssbery Cas
Cenepwacd---The PSissner ses
teueeA--The Bslekle khsel1n9 ~
fair 1gnerea-The Cesrt II DaPk
nsss--Aw Early AeJ0ssnNseat.
Special Correspondence Of the ksPusLIoAs
a NBw CASTLE, Nov. q.
The proceed ngs snbssqusnt to thos
published In ourlats edition Of yestsr
dsy, arc - follows:
After the argument on both side
closed in the csss Of State Va. Philil
pollard, the court charged the jurJ
50 ubstantially ~ follows: ....
1.-THE question ID An indictment
against Philip Dollard and Frank Moore
,hs latter Of whom has escaped. Philiy
Dollard, who you are trying, Is indicted
for having on the 10Th Of April, broker
into the ware house Of Peter McCul.
Tough, and stealing thersfroin 200 pair
Of boots and 400 pairs Of shoes. Thsi
is a rule OF law In the cass which oslla
for an expression oi opinion from the
court respecting tbs testimony Of vii.
liam Fisher who has been examined and
given evidence duplicating himself ~
an accomplics.
This case like sil others must bs de-
tsrmined by evidence from the stand
In reference TO these questions thst
have been raised, We have but 10 say
to you that this man Fisher is colnps
tent Witness according tothc authorities
citAd. He Is competent slthoag gh a. his
pardon fully -xculpatss him from all
Consequences for the crime To which he
has been party In its commission.
I'VE have further TO say to you ac-
cording TO Q we'll settled law, that it is
not advisable 10 convict upon the sole
uncorrobrrat~d testimony Of an accom-.
plies. You can convict upon the tssti
monv Of an acoomplics, but there should
be- some other evidence besides the tes-
,imony ofan accomplice, so,ne circnm.
stances going to show the prisoner Z
guilt. Now II Is alleged on the part OF
the s,alelfrom the evidence, that there
arr circumstances which corroberatr.
That is matter Of fact for you to de-
tefr,ine. We are not here to disclose
ana express our opinion. II is only for
the court to say to You what the law Is,
and !, Is for you to apply the facts.
The allegation is that they (the
prisonpIs) broke in and took the shoes
of Mr. Mccullough. He (Mr. McCul-
lough) stated that he received certain
iniormation from PhlladHlphia from
parties, the r aine Of whom lie II not at
liberty to disclose. Upon this informa-
tion he found portion OF his property
n Washington and in Alexandra, and
subsrq uently had the prisoner arrested
as one of the parties implicated. These
are the facts.
Now the counsel for the prisoner
has asked the court TO. say something
TO you in reference to the proof OF the
possession Of this property by Dollard
As to whether there 10 any proof or not
is the question for you. But We have
10 say that 1t is not essential TO trace
the property to the possession Of the
prisoner, but II stslen property Ia foun'i
n the possession Of . man II Is one evi
denc- Of guilt, as stated by counsel for
the State; and II stolen property Is
found in the possession Of ths accused,
as his own, and b. not giving q salts
factory account for its possession it is .
presumption ofsuilt, bat II is not ne
cessary, in order to establish the guilt
Of the party that the property bs found
III HIS possession.
~ know Of no other matter for the
courts instruction, other than the ues-
tion Of an existing doubt. II, In your
MUD there be such thing the prisoner
is entitled to til. benefit Of that doubt
and he should b. acquitted" N
She jury retired aud after remaining
put about ten minutes return cd with a
verdict Of guilty" .g....
4 The prisoner was sentenced to pay Us
"stitution money e240O, and costs; on |
Saturday next to stand one hour in tile
pllory and be whipped with twenty
ashes, and be imprisoned ono year:
At LAS Court took recess until 8 |
clock iu the afternoon.
AFTERNOON SESSION. ,.A
Court re-asssmblsd at 3 o'clock,
Upon the application Of Messrs.
Bird and Pennington, respective ooun.
BEL for Garraghy And Hagany, the case
of State VS.. George Hagsny and Thomas
Ga'raghy was continued over until
lext term of Court, and the bail Of the
f-sp.stiyssprisonsrs fixed at $500.
T4s witnesses in the Brickls--
Will Iidrnh Shooting case were called and
iischargsd from further attendance,
there bAing no bill found against
pffcer Bri,kls by the Grand Jury.]
state vs.. John Britton for the theft Of
bay'mare from George Lob1sll and
Chatles McGowsn, Sharpley for the
State.
sotnetime ago, tho animal had been
akan out of the stable of McGowsn,
Tho'lves on the farm Of Mr.. Lobdell,
Rnd was afterwsrd found about three
piles from Head Of the Sassafras, about
~ days after the theft had been com
a'tted. When the mare was recovered
hs prisoner was upon its back, aid
'hen approached, the rider jumped of
Rnd ran. = ." 3'.''s'
The evidence was clear and the ju ~
eturned verdict Of guilty" wit hout
leaving the bcx.
"a v0a 10 l