The daily gazette., 1878-05-09
FIFTH EDITION.
OUR COUNTY COURT.
NEW CASTLE. MAY 3

NEW CASTLE, May Q.
Court opened at 10 o'clock. Judges
Comegys, Houston and Wootten ON the
bench.
The members of the Grand Jury were
called and all answered to their names.
State VS.. Wesley Butcher, col'd, in
dicted for stealing pair of boots from
VIM. Hanser, in Mill Creek hundred, on
the 18th of last December. Turner for
State; Pennington for defence. William
Hanser said 10 was before Christmas that
the boots were stolen; some time later
he saw the boots on Butchers feet knew
they were his boots because he half-soled
them himself; saw them at his brothers
afterwards in this city.
Wilson Furr testified that Wesley had
told him that no had taken pair of boots
from VIM. Hanser.
Evan Butcher called; said that his bro
ther had come to his house in Whining
ton on Saturday before Christmas and
asked him to lend him pair of boots, as
his hurt his feet. He complied with the
request, and Wesley's boots were left
with him.
The State here rested the case. Mr.
Pennington, ON the part of the defense,
called the attention of the Court to an
| error in the eindictment. On the writ the
| name of the prosecuting witness was
written Hamser. The party from whom
the boots was stolen is named Hansen
The jury in view of this fact rendered a
verdict of "not guilty"
Solomon Schofield was arraigned on
the charge of stealing lap blanket
from John l.. Cause, on the 10Th OF
January, and plead mot guilty"
The trial of Francis z. Myers, for
Monday next.
State vs.. Joseph Smith, for stealing
corn from the place OF Samuel b. Luton
near st. Georges. VIM. Hood, who was
convicted of larceny few days ago, wa,
| brought out of confinement totestify
VIM. Hood said he saw the prisoner come
to the crib and take the corn out. 81
hollered, said William, ''and he amt sed
muffin yet" Prisoner-"Did you see me
can you proof it was me?"
| Witness-Yes; you got horse from
me, an old horse-and few days aftei
you came and stole the corn. i was con
victed of something that they (the wit
nessesl didn't see, but | saw you.
Debby Moody, and Henry Moody tes
| tified as to the prisoners good character
The Court in charging the jury remind
| ed them they should take into considera
ton the testimony of the witnesses f0I
the defense, against which was placed the
| testimony of one who had been convict.
ed of the larceny, and make such due
tho W ahSC % thty III tutiI DtSL Judgment
should think proper. The jury rendered
a verdict of mot guilty"
VIM. Hood was sentenced, for stealing
a watch from VIM. B. Huggings, to pay
| fine of S11 restitution money, be i'm
| prisoned three months, on Saturday next
| be whipped with twenty lashes, and wear
a convict's jacket for three months.
State VS.. John q. Hey, for "assaultine
with intent to kill and murder Dennis
Kane" of Wilmington, on January 18th
1873
Dennis Kane, sworn, testified: live
on Townsend street; he Hey lives mex,
door to me; on this evening he was
cutting up quite severely; went away
early in the evening, but left somebody
with my family came home about ter
o'clock in the evening; heard him
through the partition threatening tc
murder me and my family and burr
| the house down; about 11.20 O'Clock he
| came to my front door and tried to gel
in; went TO the door and asked him what
he wanted; he tried to push by me; ]
struck him with a cane had in my hand
he went around to the back kitchen anC
began TO hammer; Hey then won't to his
slaughter house and got sledge hammer
and mashed in three boards. l asked
him if he knew what he was doing; b,
then made blow at me with the ham
mer; and would have struck me had
not jumped back.
The testimony of Mr.. Kane is beinI
| taken at this writing.