The Morning herald., 1878-05-15

|
Chief Justice Comegys and Associate Jus
tices Wooten and Houston on The bench.
The first case was Beuajah b. stetson We
Edward W. Lockwood and Thomas David
son, administrators of John Davidson, de
ceased. Anthony Higgins, Esq for plain
tiff; A. B. Cooper, Esq, for defendant.
The case was an action of assumpsit OF
book account. stetson is TIE proprietor O
a livery stable in Philadelphia. Davidson
a farmer in this county, who had three
horses on keep in Stetson's stable, at various
times during the years 1870, III and .'73
for which bill amounting to $675 fol
board and shoeing.
On the counsel for the defence calling or
the plaintiffs counsel for the probate, II
was not produced, whereupon he moved fol
a non>suit. Mr.. Higgins quickly prepared
a probate stating that he heard no demand
and any way, no formal demand had been
made. The Court, on questioning the en-
bers of the bar as to whether any such
motion had been made, they stated Mr..
Cooper had made such motion, where
upon it was granted.
] State VS.. John Geary charged with having,
on the 29th of April last, sold intoxicating
| liquor to John P. Dolsop, without having
the necessary license.
| Attorney General Pennington for the
State. Levi G. Bird, ESQ.,, for defendant.
John Dolson testified to going Geary s
house on Front street between Market and
King streets, in the City of Wilmington,
en- Sunday night, 2Sth of laet April, and
pnyiag ale; afterwards procured lodging,
| leaving $65 In the care Of Mr.. Gcary for
safe keeping until next morning, when he
Laemauded it he only received $3.50, Mr..
| Gcary saying he owed no more.
| The State here rested their case.
! The defence called Mr.. Ferdman, warden
of New Castle county jail, ON the stand
who testified that Dolson had been convicted
of horse stealing and imprisoned in the
county Jail for three years and had only been
released last November.
| W. Turner testified that he had been
boarding With Mr. Geary for three months,
and never saw liquor sold on his premises.
| On cross-examination he said there was
a bar in the front room; black bottles behind
the bar; couldn't see whether liquor was in
! them.
Verdict, not guilty.
State VS.. Francis 2. Myers charged with
having forged on the 18th of October, 1877,
a promitsory note for Sl19. There were
three counts: one for the writing, one for
utterng the note, the other for the purpose
of defraudiDg Lewis Bullock, and also
| D. Fl. Kent q Co.
j. L. Vallandigham for State H. R.
| Pennington for defence.
Lewis Bullock, testified that Myers was
his son-in'law, and boarded with him in
East Wilmington; (promissory note pre-
scnted) l never signed it; didn't know any,
thing about it until note became due; think
! The endorsement looks like Myers writing
| John T. Wells testified-I am partner In
the firm of D. FL. Kent It Co., in City of
Wilmington; know defendant; the note
was presented to the firm; purported to be
endorsed by Lewis Bullock; seeing Bullock's
name, We took and delivered goods to
Myers for the amount; when the note came
due it wasn't paid, and on taking it to
Bullock, he said he knew nothing about it
at the hearing before the Squire he acknowl-
edged the forging; prior to his arrest he
wrote to me from New Jersey; said he had
committed the forgery and that he would
pay the note, also begging not to be prose-
cuted.
Cross-examiued The note was given
for coach material; we gave goods to
Myers on other notes. never heard of
Bullock coming to our firm and telling us
not to take the note, and that he would
endorse no more; had sold goods before to
Myers for Bullock.
Mr.. Pennington admitted the defendant
being guilty as indicted, but made defence
that the man had suffered at various times
from troubles and difficulties which COM
PEELED him to commit the forgery.
III G1st
attended Myers few years ago for injuries
received at railroad accident on the P,
W. u B. r. r., about two miles north of
Wilmington; lis injuries were about the
breast; don't think they affected the brain;
it might have; attended him on another
occasion, when be attempted self-destruc-
tion by taking laudanum; he used very ins
coherent talking, and was delirious.
Cross-examined-The affection caused
by taking laudanum passed off in q short
time.
George Lewis testified-Went to Phila-
delphia for defendant on the 9th of Feb
ruary, 1877; he was with relatives under
the care of physician; he talked and acted
very foolish]y.
Chief Justice Comegys, during the trial.
said 1t was for the defence to prove the man
w w noo IL LILO liSnO Luluu w utu Uue hCL
was committed. Every man who does anys
thing wrong, it is tried to prove was not in
his right mind. That is whay they said of
the man who cut his wife's throat.
The jury, after being out about fifteen
minstes, returned verdict of guilty.
He was sentenced 10 pay fine Of 81, 900
and the costs of the prosecution, on Satur-
day the 25th inst to stand one hour in the
pillory, to suffer solitary confinement for
three months, and to wear couyict's
jacket for one year.
State VS.. Levi Purnell, COL, charged with
assaulting Wilmer Price, COL, with intent to
kill.
Il: R. Pennington for State. II. Sharpley
for defendant.
Wilmer Price testified TO Purnell assault. |
ing him, he having gone to protect Purnell's |
vile, whom Purnell had down and WAS
to beat her, Her cries of mur-
oft tra nj oil