The daily gazette., 1879-05-17
FIFTH EDITION.
The County Courts.
THIS MORNINGS PROCEEDINGS.

TRIAL OF JAMES EARLY FOR SELLING
LIQUOR WITHOUT A LICENSE.
Especially Reported for the Gazette.1
NEW CASTLE, May II, 1870.
Court opened at 10 o'clock this morn
Ing, with Judges Comegys, wootten and
Houston on the bench.
The case of the State VS.. James Early,
for selling liquor without license, was
resumed, and was opened for the State
by Attorney General Pennington.
Charlotte BlOndell testified that in
April Of last year she was in the kitchen
Of James Early's house, on Front street,
east of Market, and called for glass of
beer, which was brought to her by Ear
ly's wife; witness did not pay for the
beer, as woman named Jessie Hender-
son, who was with her, said she would
pay for it; witness did not see Early i'm
the house at the time; witness did not
positively know there was bar-room in
the house, and was almost positive that
Jessie Henderson never paid for the beer.
The State closed without any further
evidence, and Henry C. Turner, ESQ.,, for
the defence, claimed that the State had
failed to prove the sale of any liquor by
James Early. lie also claimed that there
was another man named James Early
dhe son of the defendant,) and that
the State was bound to prove which of
the two men was proprietor of the house.
Patrick Plunkett testified to the effect
that from representations made to him
by Mrs. Early, wife of the defendant,
James Early, Jr., was proprietor of the
place, and responsible for all bills con-
| tracted.
John Plunkett testified to the same ef-
| feet.
| Counsel for the defence asked the
Court to instruct the jury that the sell
ing of liquor by the wife does not neces-
sarily prove the husband guilty. Also
to instruct the jury to give Eearly the
benefit of any reasonable doubt as to be-
ing proprietor of the place. In relation
to the sale of liquor he asked for in
structions to the jury to the effect that
the sale must be proved before they
could convict.
The Court charged that the fact of Mrs.
Early b,ing present when promise was
made to pay for the beer was presumptive
evidence that this was q case of selling.
In relation to the question of proprietor
ship the Court stated that it had been
previously ruled that whatever was done
in a mans house openly and continuous
ly, must be presumed to be done with his
full knowledge and authority.
The jury retired for consultation.
s..rx u r. A II
the State ". James Early, ON another
indictment for selling liquor without q
license. Attorney General Pennington
for the State, and H. q. Turner, Esq. ,fol
the defence.
The same evidence was adduced in this
case, as in the previous case, with the
addition that Charlotte Blondell stated
that she drank beer in Exrley's house
curing the morning Of the day spoken
Of In her previous testimony, and paiC
for it.
The case was ably argued by Mr.. Tur
ner and the Attorneys General, and Judg,
Houston charged the jury that the ques
ton was merely one of fact. He said tn
general presumption Is, where the hus
band and wife reside on the same prem
ises every business transaction Of tn
wife ID deemed to be done with the san
ton and assent of the husband, an,
therefore becomes, in law, his act. Tn
evidence in relation to the proprietor
ship of the house was admissible, bu
not conclusive or explicit, and there
fore became aquestion of fact for tn,
jury to determine.
The jury retired at II AS O'Clock.
The Attorney-General stated that IL
the case of the State Us. ID. B. MARTIN
and Edward II. Woodward indicted fol
maintaining a nuisance IA similar cas-,
1 hat ~ k<u~ Ill "a
would enter noiie pros.
State Us. Joseph j. Cork, Alexander
Pntchett and James Trusty, all colored
for the larceny of gold watch, valued q
$75, a chain valued at $50, three shir
studs, valued at SO, o locket vaiued at S.
and fruit knife valued at $25O TIL,
prisoners broke into the house of Chas
Canby, No. 81 West street and stol
the articles, owned by Clarkson Ogden
Mr.. Canby's so::-in-law, Harry Sharpley
Esq, conducted the case on the part o
mere boys, had no counsel.
The State proved that the boys wer
seen lurking around the house previou
to tfe robbery, and that they were after
wards seen with the stolen goods II
their possession. 1t was also proved tina
after their arrest they confessed thei
guilt, admitting that Cook went into tn
house and took the articles, and divide,
them with the others. Cook said he sol
the watch to JOSIAH Pitchett, who pro
missed to give him $40 for it, but Onl
gave him 81 80.
The case was given to the jury ut 1919
At 1920 o'clock the jury in the secon'
Ease of State against James Early 70
selling hQuor without a license, returne'
with verdict Of equity"
The other jury came in immediatel
afterwards and returned q verdict O
mot guilty"
Early was sentenced by Judge Wootel
to pay a fine of 800 and costs. He wa
committed to the custody of the Sherii
until he shall comply with the sentence