Daily Republican., 1879-11-20

Henry who formerly lived at the Della
ware House helped him. No defence
The Jury rendered q verdict Of guilty
without leaving the box.
The Court sentenced Lee to pay costs,
pay ss4 restitution money, on satur
day next to be whipped with 20 lashef
and to be imprisoned months.
Court at l.30 took recess until 9
O'Clock.
AFTERNOON SESSION.
CoArt re-assembled at 3 p. IN. CHIEF
Justice Comegys and Judges Houston
and Wootten on the bench.
State vs.. James Darragh, larceny ol
pair OF shoes and one odd shoe from
Benz amin +. Marsh. Jury empaneled.
Sharpley for State and Pennington for
defence.
Benjamin i. MARSH, sworn do not
know James Darragh, prisoner at the
bar Z; live in New Castle; was in Will
mington on the 2lst of October was
laying down on lot near the oyster
wharf, in an unconscious state when
got up my shoes were off my feet told
OAcer Gotschmer of the loss he go
the shoes from James Darragh one
shoe was given to me when | got uI
and another was given to me at the po
lics station do rot know when laid
down there | was too much intoxica
ted to know anything recollect of get
ting dinner at the Holly Tree Inn
when got up both shoes were gone
walked to the cell in my stocking feet
never saw Darragh to know him saw
him in the cells next morning; had one
shoe on my foot then the oiRcer gave
me the other shoe know that they had
me down and were beating me; they
went through my pockets ; had So III
my pocket was in Wilmington collect
ing bills.
| Officer Gotschmer sw0rn:-Wa3 walk
ing down around the oyster wharf, saw
J Darfagh sitting in the grass putting on
gait-r; Marsh came 10 ma and said,
that man has my shoes; Darragh had
one shoe on and was trying 10 put
another on when Marsh came to him.
Darragh said to Marsh: "do you say
these are your shoes p Marsh said
certainly; Darragh threw one shoe on
brick pile and ran down through the
railroad round house aud back wher
We captured him.
Lawrence McNif, saw Darragh OF
the oyster wharf trying TO put shoe
on aud when the policeman came he
got up and run
William deWolf and officer Thomas
were examined in the case and corrOb'
Grated the ether Witnesses.
Mr.. Pennington leading in the de-
fence argued that there was no criminal
intent on the part Of Darragh in TAX
ing the shoes, i. being SHOWN that he
was 80 drunk that he did not know
whose shoes they wers he was putting
on his feet.
Mr.. sharpley addressed the jury on
the part OF the State. The court charg-
ed the jury, which retired for delibera-
ton.
The witnesses in the case of the
State vs.. A. D. Vandever were dis
charged from any further attendance
at the present term Of court.
! State vs.. Elijah Purchase, assault
upon VIM. H. Nickerson, in Chrsttana,
White Clay Creek Hundred. Ii. G.
Turner for State.
William II. Nickerson, testified that
he kept hotel in Christiana; Pur-
chase cams into his bar room about
the S.h Of October; he worked for me
and | had Just settled with him, he
wanted drink which was refused; be
then took beer glass 10 throw at me;
he attempted to h't rae; Squire Wier,
came in and took Aim out; struck at me
with beer glass; sid hs would burst
my heal open.
Thomas V. Martin and william R.
Lyman vera in the bar room at the time
and testified to the SANE facts. Jeifar-
son Richards testified tha. NtckersOn
struck at Purchase with u black jack,
before he picked up ths beer glass to
throw at him.
Purchase in defence OF himself said
NicNsrs0n threatened him with the
black Jack, and that gas the reason h.
picked up the beer &lass to defend him
self; he also said that NicEsrsOn ard
himself were more thtu half drunk.
rhe case without bsing argued was
given TO the jury who returned a YER
dict of guilty"
Ia the case Of Sarah kenuard the
witnesses were discharged from farther
attendance at this court.
State vs.. James Eeason, larceny of
ring valued at So, was called.
Joseph Macy, sworn; Live in Will
miugton at l07 East Second street; de-
feudant brought shoes to have repaired
on Monday; came to get them bat he
had no money refused to let him have
them; he offered to give gold ring as
security until Saturday; considered
the ring worth SO cents ;oilioer Richards
asked sbout the rim; let him have it.
Mrs. Anna Barney identified the ring
as her property.
Oiicer Richards, testified to arresting
Reason said lie left the ring at
Macey's Mrs. Barney identified the ring.
Ella Barney testified to living at
Mrs. Barney's in August last. Lost
the riug in that month; Reason had
been working for Mr.. Shoemaker; hs
got meals az our house; the ring was
an amethyst worth between $3.50 and
$5.
Samuel L. Smeltz, testified that the
prisoner carried some baskets of pro-
iuce for him; saw him two weeks after
wards and asked him where the ring
and 95 cents were; gave him in charge
,f Officer Riokards; ring was worth S3
,r ID.
III ;,rp r.tnrnad a verJict of puiIty