The daily gazette., 1878-11-19

ceipt showing that he had traded horses
with Davis and received money ''to
| boot"
George Smith testified that he had been
sent after the maii,as stated in the evi-
dencGof Mr. EHason. He rode the. horse
to Khkwood and hitched it there, and it
was While waiting for the mail that the
horse was stolen.
III. G. Turner then called the atten-
tion of the court TO the fact that no evi-
dence had been adduced against Baynard,
Jr., and asked for his discharge. The
court thereupon directed the jury to rem
der verdict of "not guilty" in his case,
which they did. The counsel stated that
, his reason for making the request at this
| time was that he might use the younger
prisoner as witness for the defence,
should he deem it advisable to do so.
Court then at 1855 took recess until
3 O'Clock.
AFTERNOON SESSION.
Court reassembled at 3 o'clock. The
case of Robert Baynard, ST., was re-
sumed.
] Robert Baynard Jr., was placed upon
the witness stand. Sworn. Live at Church,
| town, Cecil Co., Md, the prisoner is my
| father; delivered myself up at Elkton,
| after / traded with Davis on December
28th. For the gliding gave him blind
horse and SIG to boot. Davis is a colored
man; he told me he had horse he bought
| out of drove. This horse he brought
| with him was taken as Eliason's horse,
| the one l had got by trade. Father
| was going to Elkton to see the Squire,
and told him to trade the horse if he
| could; did not know that 1t was stolen.
Cross questioned by Mr.. Pennington
The saddle that was found upon the
horse which was charged to be Mr.. Ella
sons, was left by Davis at his (Baynard's)
house; didn't know 1t was stolen.
| The evidence here closed and Mr.. Tur.
ner opened for the defence in which he
read the following receipt:
ST. AUGUSTINE, Nd, Dec. %, III.
| Received of Robert Baynarn S16, leav-
ing q difference between a trade with
horses. (Signed) WIN. DAVIS.
Witness: Il. 1. WARNER.
After Nj. Pennington's reply the
Judge charged the jury pointing out the
law upon the subject and directing them
to draw no conclusions other than upon
testimony adduced from the witness
stand.
The jury retired, and Robert Baynard
Jr., being placed in the. dock with his
father, a new jury was drawn to try them
upon the charge of stealing saddle and
bride from Curtis B. Eliason.
| After taking evidence in the case
which was the same as that gwen in the
preceding suit, the Court, at the request
of Mr. Turner, charged the jury to return
a verdict of mot guilty" against Robert
Baynard, Jr., because..of an INSULT cheney
of evidence This being done Robert
was placed upon the witness stand, wher
the same questions was piled by the con
tending counsel that marked the exami-
nation in the preceding case. The bcr-
den of his evidence went to show that
the bride had been left at his house aftel
the horse, said to be Eliasons, had beer
traded to him. The cross-examinatioI
by Mr.. Pennington was arlgid one. MI
Eliason, on the part of the State, testified
that bride found on the horse at ElktoI
was his. The witness also testified tina
this same birdie belonged to him; tha
he knew it to be his by certain marks up
on it.
The testimony closed and the cas-
went to argument.
: The question between them, accord
, L ing to the remarks of the respective coun
! se9 was point of veracity between Rob
ert Baynard and the witness for tn
State.
, After the charge of the Court the jur.
? retired. Robert Baynard was then dis
missed from custody.
State VS.. John Graham for selling Ii
ouor without license. He plead guilt.
and was sentenced by the Court to pay
fine of $50 and costs.
Joseph e. Schoen was arraigned 10
stealing heifer from Edward wilson
of Brandywine Hd., the 18th day OF OCT.
, pleadf fsnot guilty"
< John Bush charged with entering ant
stealing twelve revolvers ana twenty
, kni YES Prom the store of Lindley 81 keml
!; of Middletown, 1T. Georges .hd'' piea'
mot guilty" .4o.,;ro
bav maretfrom Geo. w. .Lobdell and Cnas
sI McCowafl, on August I'd, 1873, In Ne"
Castle Hd., plead "not guilty.
VI A iury was drawn in the case OF Stat'
VS., John Bush. Alfred ROBINSON Esq'
appeared for the State; .ss. .,.+ h.
John Kemp, plainuh, s,, tes,ineu .na' ~, Il.
was at the City Hall In WlIm,ns'9m a aP
on some business relating W VIII mi thar.
ling in of his establishment. W ,o ~ rn Oh,
{ off3cer Rrickle, who was standing IN TN
8 corridor came to him and asked MIN !
Ne racoonized a revolver that he had
o The officer then brought out the prison
> ar and he recognized In him the prisohe
"' Officer Brickle stated that Bush ha, .,
i oos,,a ~ him and said that he was pacl
y in his rent and wanted to sell MN . :
y y rai,,er The witness bought the revolve
~ for fiity cents, leaving fifty cents due ul
- - w The nrisoner in his own defense gave
~ s;mnla STRAIGHTFORWARD account Oh u
~ nosaassion of the revolver. he salu y
10 had purchased it of u colored man nan