The daily gazette., 1879-05-21
FIFTH EDITION.
The County Courts.
THIS MORNINGS PROCEEDINGS.

TIE STATE ABANDONs THE DENNY
MURDER CASE AND THE PRISONERS
ARE DISCHARGED.
Especially Reported for the Gczette.l
New CASTLE, May Il.
court opened at 1U15 O'Clock, this
morning, Judges Comegys, Wootten and
Houston on the bench.
On the application of Mr.. Lore, the
"Bellevue Quarry Cases." thirty-two in
number, being appeals from the judg-
ment of Esquire Hagany, before whom
the company had been sued by num-
Der of employees, for wages claimed to
be due, were all confined until the next
term of Court, on the ground of absence
OF a material witness.
VIM. G. Spruance made application
for the admission to the bar of Francis
\. Messick, of Wilmington, who had
read law with him during the prescribed
term. Victor DUPONT, John e. Patter-
son and Levi G. Bird, Esqs., were APP
pointed committee to make the usual
examination.
just previous to the opening of Court
report was current that in the DENNY
murder trial the State would abandon its
| case. When Court opened the jury
| came down, the prisoners were placed in
the dock, and breathless silence Ell
sued as Attorney-General Pennington
arose, and instead of calling the witness
es, proceeded to address the Court. He
| said:
May IL please the Court when the
Court adjourned last evening, the State
had called all the witnesses to any ma
terial facts, as l then believed, in the
case, Since then have carefully look
ed over the testimony of such witnesse.
as were before the Grand Inquest.
have not found anything additional t.
that already given, that is of materia
Importance in the case. may say tha
when the killing Of Perry Dembs tool
plack, the occurrence caused considera
BILE excitement in the community. Ell
forts were made at that time to ascer
tain who the guilty parties were, an
since then subpoenas were issued for al
the witnesses that were before the Coro
ners jury, and for such others as wOul
possibly know anything about the case
l have endeavored with the assistanc
of my colleague, to get from these wit
nesses all that they knew, in relation t
the affair and having heard it, and ha,
ing nothing further of material import
ance, ! am constrained that / cannot /
the discharge of my duty, stand befor
this jury and ask for the conviction
these men for any ofiense that is charge
upon them in the indictment.
HThis conclusion has been arrived a
| off r,tnbfsc roAnot;a,,
may be the expression of opinion, hay
as your honors and all in the Court rool
who have listened attentively to I'll
trial will attest, done all that can be dor
and therefore | shall ask the Court to il
struct the jury to render verdict of ''n,
guilty"
In reply Chief Justice Comegys state
that the Court had come to the concl,
sion that this was not case to justii
the jury in rendering a verdict again
the defendants for any crime with whi'
: : they were charged In this indistmel
The Court, however, would bear tes
mony to the extraordinary diligence e
ereised by the States Attorney in Il
case, hut in the opinion OF the Court
had not brought before the jury sn
jury would Justify them in bringing in
verdict of "guilty." "In conclusic
Judge Comogys stated that he desired
state to The jury and the public that u
Court approved the course of the Alto
ney-General, and gave it their sanctl o
The jury then returned n verdict
"not guilty." ana the prisoners were dl
charged, Judge Comegys giving them
solemn adnonltion to abstain, in I'll
: future, from such places and such cor
pany as would inevitably bring the
into d sgrace. The prisoners steppt
from the bar, and the result was greett
with subdued murmur of applause.
1t is but justice to the defence to sta
that the prisoners did not go over I'll
bridge, that night, until II O'Clock; tn
Perry Demby hat bottle of whisl
with him, which was empty whe
the body was found: that whe
he started out that night he h;
SIS with hun. but when the bo,
, was found there was no money about
They also had the best kind of testimol
as 10 the previous good character of &
accused.
At the conclusion of this case Il
Court of Oyer and Terminer was q
journed without day, and Superior Cou
business was proceeded with.
The case of Scott & Wright, US. All,
+. Cunningham, action on two pi ON
sorry notes of $500 each, is now on trial