The daily gazette., 1879-12-12
SECOND EDITION
OUR COUNTY COURTS.
OYER AND TERMINER TER
INMATES.

THURSDAY AFTERNOONS DOINGs-
BROWN AND DUGAN SENTENCED
THE HOLLIS.vANDEGRIF CASE CON-
CLUDED, AND THAI OF TOWNSEND
VS.. THE p, w. u. Il. Il. co. TAKEN
UP.
Special Despatch to the Gazette.
New CASTLE, Dec. 11.-At the con-
clusion of the court report at 10 O'Clock
to-day John w. Vandegriff had cOnclud-
ed his testimony in the Hollis assumpsit
case.
Thomas S. Hodgson, Esq, of the
Crisfield, Md, bar was called by the
Plaintiffs and testified TO the matter of
payment. According to his testimony
there had been an arrangement between
the defendant and the firm of Hollis Il
Marshall in Crisfield, by which the lat
ter was 10 retire from the firm quietly
for the consideration of $500: this Van
degrift paid with the underst anding that
it was to be credited on the note, which
Hollis held. By fee of $50 which was
due witness, the amount was reduced
that much. The total amount that had
been paid was $3.50.
The case was here suspended until
after the noon recess, and more import
aut business was taken up.
At the order of the court the two con-
victed prisoners, William Brown and
Hugh Dugan we're brought into the
room and the former was told TO stand
up and receive sentence.
The court said Il at on account Of the
prisoners inability to employ counsel,
Mr.. Bird had been appointed to defend
him, and he had done his duty DobIy,
but he had been found guilty of man
slaughter. IL was a serious charge and
bad one with which to begin life.
The court had thought good bit about
the prisoners case, and sympathizes
with bim In his orphaned and almost
friendless position, and having been i'm
pressed with hts appearance, which is q
favorable one, and having heard no al
legations that he was lad of bad char
acter, he though itproper to mitigate the
sentence and consider the reccommen-
dation Of mercy made by the jury. The
sentence was that the prisoner pay the
costs Of prosecution and $40O fine and
be subjec' ed to one years imprisonment,
ending Dec. 10, 1880.
"Hugh Dugan, stand up" said the
court, and Dugan in tHrn arose to bis
feet, with the. uneasines, that clouded
his face during the whole trial, return
ing. The court, in sentencing him said
that he had been indicted for the mur-
der of Richard Ii. Rowe, aud the jury
had found him guilty Of manslaughter
only, "for which he might be very
thankful to them" The court had been
,, unable to find any circums' ances that
would justify them in mitigating the
sentence. There soas no justification
for the deed, and they intended to make
an example OF him that others might be
restrained from playing havoc with hui
man life. He was then sentenced to pay
the cost of prosecuting the case, a fine
of $4,000, and an Imprisonment of five
years, ending Dec. 10, 1884. -
"One word, if yon please" said Du-
gan at the conclusion. "l'm much
obliged to your honors, and to the jury
and to my able counsel who has defend
ed me so ably"
"You have much for which to be
grateful you are entering upon Pc
riod from which you can emerge bene-
fited aud commence a new life," said
the court, as the man was led back to
his cell.
The court of Oyer and Terminer was
then ordered adjourned sine die, and
coult took a recess a: 1.25 to 8 o'clock
AFTERNOON SESSION.
Court reassembled at 8 o'clock, and in
the case of Hollis vs.. Vandegrift, Mr.
Higgins said the plaintiffs claimed the
sum of $1,6O5,71, including interest, land
asked the jury to award them that
amount.
Mr.. Lore said that the defendants
claimed, and expected to be entitled by
the verdict to $500 credit on the whole
amount of the two notes with interest
added.
Tie jury took the case at $40 and at
4.53 returned verdict for tue plaintiff,
for the sum of 81 ,609,16.
In The case Of James McElroy VS..
Daniel Burton, Lore for p aintiff and
Jacob Moore, ESQ.,, for defense, attach.
ments were issued for plaintiffs witness.
rs who were absent when the case was
called.
Case of Sylvester d. Townsend VS.. P.
w. Il b. Il. r. Co., Lore for plaintiff
Gordon for defense. Tins is an &C ior
to recover damages from the railroad
company for injuries received through
the alleged negligence of the said com
pany. Mr.. Lore, in opening the case
said he could prove that on the night ol
Jan. 24th, 1878, the plaintiff, accompan
led by Douglass M. Mccoy, was driving
down Foui til street, in Wilmington, anc
in crossing the railroad track, the horse
became frightened through the hegli
gence of the railroad con pany, and rar
into an excavation throwing the Ocrn-
pants of the vehicle out anu started tC
run away, dragging the plaintiff ant
hurting him severely.
Douglass M. Mccoy sworn.-On the
night of Jan. oath, 1878, Sylvester d
Townsend and my self were driving dowI
Fourth street out TO our homes in New
| Castle hundred the condition of thu
crossing at the railroad was dangerous
on the left side there was pile of lum
ber and on the other pile of earth ant
stones; the company had been excavat
ing the road bed near; my horse stiet
at the lumber and pulled to the othe
side to avoid it, when the horse SHE'D a
box car standing on the track and ex
tending over beyond the street line ant
ran to one side when the wheels of th,
| carriage went into the excavation I; fel
out insensible and when came to, Mr.
Townsend had stopped the horse am
was holding him, and the wagon Wa
broken; Mr.. Townsend had cash il
his head, his face was badly skinned an,
his hand had the skin knocked off of II