The daily gazette., 1879-05-13
FIFTH EDITION.
The County Courts.
THIS MORNINGS SESSION.


FOR MANUFACTURING WITHOUT A
LICENSE.
[ypecidliy Reported for The Gazette.1
New CASTLE, May 13, 1879.
Court opened at 10 o'clock this morn
ing, Judges Comegys, Wootten and
Houston on the bench.
The attendance was smaller than al
the opening yesterday morning.
The jllries were called and the Grand
jury retired TO their room.
The recOgnizance of John b. Quinn,
Frank r. 5. Davis, surety, on charge
OF buying and selling goods without
license, was forfeited. A jury was drawn
and the trial entered into. 1t was proven
that Quinn was engaged in keeping
grocery store in Wilmington last fall,
and that he had been served with proper
notice by the Clerk of the Peace. A
verdict Of guilty was rendered.
Patrick Lally, indicted in five cases
for selling liquor without license, plead
guilty to three cases, and was fined $50
and costs in each case. In the other two
cases mile prOsequi was entered upon
the payment of costs.
A discussion next took place between
the Court and the Attorney General, in
relation to the form of indictments for
the manufacture of goods, wares and
merchandise. The AttOrney-General
stated that the indictments were framed
in accordance with the present license
forms, which were prepared after the ell
actment OF the license law, by the late
Attorney-General, and approved by the
late Chief Justice.
This form authorizes the parties to
whom the licenses are granted, to follow
ing general manufacturing business,
without specifying the exact nature
thereof. Hence indictments for violation
Of the law are framed in the same man
ner. The Court was of the opinion that
the indictments should set forth speci-
iually, just what the defendants are ex-
pected to come into into court and an
swer to. This opinion was not given as
ruling, but the Attorney General ad-
mittcd the force of the Courts argument,
and continued all the cases of manufact-
uring without license until the Septem-
Der term of court. There several of
these cases principally from Wilmington.
The bail bond of John A. Wilson, Ed
ward I. Kemp, surety. for buying and
selling without license, was forfeited.
A trial followed, and the usual proof was
adiuced, showing that Wilson is engaged
IN selli ng agricultural implements, at the
s. w. corner of Front and Market
streets, Wilmington. The jury dellb-
Grated several minutes upon this case,
one of them not being ready to decide at
once. He desired to know whether il
would make any difference IN the case il
the defendant was engaged In selling
| upon commission. The Court said il
would not, and verdict Of guilty" was
rendered.
The case of John S. Rowbotham, oi
Wilmington, indicted for buying and
selling without license, was called, and
a n0Ue pros. entered on account of mis-
lake IN the name as written in the in
dictmelt. The jury was empanelled tt
try the case before the mistake was dis
| covered.
Frank Gicken, was arraigned on
charge of stealing two wash boilers from
pleaded "not guilty" He was glvel
lime TO procure witnesses before goini
| to trial.
State Us. Joseph Massey, col, for as
slult and battery upon John Iodine col.
of Wilmington. ty-Attorney Gene
raj Robinson defined the general nature
of an assault aud battery, and Informed
| JuC Juiy tHdJ tncy CJuiu t6TulC
III accordance with the indictmet, or 8
verdict of an assault only, just rs they
bought the evidence sufficient to prove
John Iodine, the prosecuting witness
testified that on the 4th day Of August
last, Massey, while drunk, came to M t
Olivet Church and commenced talking
and swearing. Witness went to him fol
the purpose Of quieting him, but he wa.
obstinate. Witness put him out thre.
/ l..AI lr H.,
each time. One of the blows STRUCK
witness.
The Court told the jury that the cas-
was clearly proven by the State, as thu
witness had a perfect right to put M asse
out of the church. The jury rendered
verdict of "guilty," without leaving tn
box.
As the prisoner had already been il
jail five months, the Court sentences
him to pay $40 and costs and two month
Imprisonment.
The Perry DENNY murder case occu
pied the attention of the Grand Jury
this morning. Several witness in add
ton to these summoned be fore the Co
oner's jury were examined, but it is nc
, supp osed that any more positive or d
rect testimony than that already receiy
ell was ehcted. The result of the cas-
? | is a matter of much speculation. TIL
| VIAL WIN piOpt'iy hC Cdiicu to-hoiio
morning, to which time the Oyer an
Terminer special jury has been dischar
ed. Meanwhile the prisoners accused I
the murder remain in Jail, very anxiO,
about their future, but still not dispose
to say anything that will throw any ligl
upon the case.
). Joseph Derias and Andrew Harma
COL, were arraigned for ste aling ehicl
ems, but as their WI tnesses were not pr
sent attachments were issued for the
10 and the prisoners remanded.
% szAt II .45 o'clock the General Jury we
discharged until three o'clock, p. m.
At 1920 o'clock the Grand Jury can
,, down with number OF indictments, ,aI
were discharged until 8 o'clock.
y The parties indicted were arraigne,
: as follows:
Geo. Taylor, COL, for the larceny of
pounds of ham, 4O pounds of fitch al
~ pounds of sausage, from Peter
Huest d, Of Wilmington. Pleaded "n
= guilty"
Catharine Emmett, of Wilmington, (
the larceny, on March 10th, of three di
e pans, two coffee pots, one bread pan, al
= a kettle, from Francis Lapierre. Plea
. ed ''not gully"
Francisco T. Maroon, for the larcel
of silks, velvet, handkerchi, is, glove
. &C., fom VIM. B. Jefferis, of Wilmin
ton.
n Peter Smith, for the larceny of oil
towel, value. ) cents, from Elizabe
McIntire, of Wilmington, ON the 10th
!, March. Pleaded guilty"