The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1879-09-17
FIRST EDITION.
OUR COUNTY COURTS.
CONTINUATION OF Yesterdays
PROCEEDINGS.


CASE JOSHUA II. BAcKUs GETS OFF ON
AN Abba SERIOUS ASSAULT CASE.
Specially reper.ed for the Gazette.
New CASTLE, Sept. 18.-After the
close OF the court report in the late ed-
tion Of the GAZETTE to-day, at which
time the State was still examining wit
nesses in the case of State Us William
Fnsby col, and Peter Gooseberg COL,
for larceny, few other witnesses of no
Importance we're examined and tie case
was argued with some tartness by the
opposing counsel, II. Clay Turner for
the State and Harry Sharpley for the de-
Tense. and went to the jury. A verdict
was soon returned that did not find the
prisoners guilty-"in manner ami form
indicted" (house breaking,) but guilty
Of larceny.
The coart sentenced the prisoners to
ton money; to receive twenty lashes; to
be- imprisoned three months aud wear a
c0nvict's jacket sig months.
Court then took recess until )
o'clock.
AFTERNOON SESSION.
Court reassembled at 3 o'clock.
The following prisoners were aIriign-
ed upon true bills found by the urand
Jury.
Elijah Benson. COL, for assault with
intent to kill. w. H. Jackson, COL, in
company with james Hensely col. on
May 23rd. Plead "not gull u" II. Clay
Joshua II. Backus, COL. for larceny
from the junk shop Of Henry Lodge, in
Wilmington Aug. 26; pl.sd 'not guilty"
Nathan Demby, COL, for assaulting
James Hogan with intent to kill In Will
min9ton on July II; plead "not guilty"
D.J. Mnrphey, Esq, was appointed to
defend him.
pistol from Wm. JOhnsO on Aug. 7th;
plead mot guilty" Sharpley was appoin-
led to defend him.
John Clarke for stealing quantity of
silver change from John Barnes on
June 7tb; plead "not guilty"
The trial OF Joshua II. Backus col. 4,
Just Arraigned, was then taken o.. A. p.
Robi uson, for State; ID. J. Murphey for
defense.
Henry Lodge testified to his store No
200t w. Sixth street, being entered by
some one on the night Of Aug. 26, ard to
finding the articles, which had been
stolen, in the junk store of Sanr Harper
on French street between Third and
Fourth; Harper said Blckns brought
them to him.
Samuel Hsrper:-Backus brought the
goods to me on the morning following
the robbery at 645 o'clock. and sold the
| lot to me for 81.
The State here closet and in opening
| for the defense, Mr.. Murphey said his
| plan for defense would be an alibi.
Deborah Moody, col, was first called
| and testified that Joshua Backus, the ac-
| cused, and his wife, lived at her house,
| and on the night of the robbery, he was
| not out of doors from g O'Clock at night
| to 7.30 the next morning. He could not
| go out of the house at night without wit
| against the outside door and the door
| opened inwardly.
A few more witnesses were examined
| all of whom corroborated the testimony
| of Deborah Moody, aud the case was
| submitted without argument.
The jury returned a verdict OF mot
State vs.. James Hensley. col; Robin
son for the State, II. Il. Pennington for
| defense. The case was one OF an outrage
Gus assault by Hens'ey In company with
Elijah Benson, oolored, upon peaceablr
| colored lad named VIM. II. Jackson, on
the evening Of May 23d. at Eighth ana
| French streets. Jackson was coming up
Eighth street that evening and Hensley
and Benson stood Oh the corner. They
spoke to him and he returned the greet
ing, when one said, "You don't want to
speak TO any one.""l did speak to you''
returned jackson. They at once assault
ed him, knocked him down, and kicked
/ and hit him. At last he got up and start
ed to 90 away when they knocked of his
hat twice, and Benson said "let's cut