The daily gazette., 1879-12-11
FIFTH EDITION.
OUR COUNTY COURTS.
DMOdn Convicted Of Man.
daughter.

CASE AGAIN ON TRIAL.
Specially rei orted for the uazelte.
NEW CASTLE, Dec. ll.--Court OPEN
ed this morning at the usual hour, aud
Hugh Dugan was brought into The
Couit room TO awai. the verdict of the
jury In his case, which was still our.
benj. Nields, Esq, made application
that the Sberif's sale of II. Lemons
property 10 Mariah Lemon be not con.
iirmed on the ground of prior Sheriffrs
sale. (flils previous sale Is the one set
aside In Court few uays ago)
The case Of George ii. Hollis W. Isaac
W. Vandegrift, Higgins and jacob Moore
for plaintiffs, and Lore for defendants,
was taken up.
The case Is an action OF assumpst
and was uied at the May term, 1879, a,
which time the jury failed to agree.
Mr.. ii ggins, In opening, said the ac-
ton was o, two p omissory notes made
by j. A. Vandegr fl, /. w. yande.rif
aud l.. G. Va d. grin, for $1,000 each,
aud one due II months after date, aud
the other II months after date. Two
allegations are Sc, forth in the petition,
one naming all the m kers Of the notes,
and the other simply Isaac w. Vande-
grit. Upon the back Of the note for IL
months two credits are marked one
Jan, 1878, Sl5l, and the other FEB. 2G,
$500.
Having put the notes in evidence, the
plaintiffs rested their case.
MIR. Lore, In opening, explained that
the defense would be that the notes are
not substantially as thy were made. In
|
stock OF goods Of George II. Hollis In
Or sheld, TO the amount Of 5000
He gave demand note for part Of this,
and for the remainder two notes. Be
fore those notes were due Ho lis de-
manded payment and sold out the goods
at an enormous sacrifice. A question
arose abont the amount paid, the de-
tendants claiming that at one time they
paid $500 aud at another, $3.50, and for
which they can show rece pts. Now
these Lotes, said he, were not negotiable,
and amer they left the hands of tie
Mcs.rs. Vandegrift, and while IN hands
OF Hollis, they were altered in figures,
and the words, "or order" and ''& Co."
had been erased from each note.
Mr.. Lore then called FrAuk Vanae-
grit.
Objection was made by Mr.. Higgins,
who said that the defendant in making
the line of defense he had defined he
must make sworn affidavit beforehand
stating the allegations, in order that the
plaintiff would have notice.
Mr.. Lore and Mr.. Moore followed a,
some length.
The court decided that the d. fendan,
could not avail himself Of the allega
tons he had laid down in his opening.
Mr.. Lore then made application fol
leave TO file an affidavit setting forth the
facts of the defense as stated The cour
refused the application.
John Vandrgtift was then called to
the witness stand. VanIegrift identifie,
two receipts which he had receiv we'd froG
Hollis Tor $50, and the other for $500
he Testified that he had paid 5000.
DuGANs DELIVERY.
As was telegraphed to the GAZETTE
in IL me for the first edition, the jur,
! in the ease State VI. Hugh Dugan cami
in at ll.l2 O'Clock In IA verdict.
Bnsine>s was at once suspended anf
q ,rk ol the Peace Springer, who wa
absent from his desk. was sent for to ii
vestiRate the jury.
,Dugan presented an exceeding ueryou
appearance and seemed to be in grea
mental uneasi ness; he looked intently a
the jury and clasped and unclapsed hi
hands nervously.
&C Gentlemen of the jury, have yo
: agreed upon verdicl?" asked Clerl
Springer.
! "Yes." answered several voices.
"Who shall answer for yDu?"
" rhe foreman"
Foreman Cloud arose and was AZ Ike,
"Mr. Foreman, what say you? do yo
nnd Hugh DugaD, the prisoner at ia
bar. guilty in manner and form as
stands indicted, or not guilty"
ot guilty In manner aud form as b
stands indicted, but guilty ofmansiaugh
ter"
This vsriict caused considerable SUI
prise. The jury was out for fourtee e
hours and forty two minu'es. Dulan va
at once taken TO his cell and the jur
discharged.
: Dngan evidently fells relieved at til
verdict, though he Is said to have g,
pected acquttal. The GAZETTE reporte
saw him inthe Cell but he refus d to tall
He was chatting and laughing goo
humoredly with his brother Francis ID,
: gan.