The daily gazette., 1879-11-19
FIFTH EDITION.
OUR COUNTY COURTS.
DOINGS IN COURT THIS MORN.
ING.

nohh ELECTION CASkS-SEWALL STAR
KEYS CASE MoDIFIED-BILLY zIKe-
LER ON TRIAL.
Specially Reported for the Gazette.
NEW CASTLE, Nov. l9.-Court open.
ened at the usual hour this morning,
Judges Comegys, Wovten aud Houston
on the bench.
The remaining cases of Slate vs. Au-
gu tus O'Donnell being called, II. Z.
| Turner, Esq, counsel for the accused,
said that he had found a material wit
ness, who could throw light upon the
prisoners residence, and therefore asked
for continuance Until noon, at which
time he hoped TO have the witness In the
Court room.
| La the case of State vs.. Scwall Starkey,
colored, charged with burglary and at
tempt TO commit rape, the Attorney
General said that he had concluded TO
enter nOiie prOsequi, and had prepared
another indictment iO burglary and at
tempt to commit larceny. The noiie
proseQm was entered with the Courts
approval. BY this means the case is
removed from among those on which
capi al penalties might be inflicted.
The case of State VS.. David Finley for
illegal voting was called, and Harry
Sharpley, Esq, counsel for defendant,
stated he was ready for trial. In the alb
sence of material witness for The State
who had been returned non est, the At
iorney General had the Gaze continued,
and the bail was resumed.
The case of State VS.. Jacob Rochester
for illegal voting was also continued In
the absence Of a material witness al
though, ii. {. Conrad, Esq, defendants
counsel, was ready for tiial, and the bail
Was continued.
The Grand Jury came DOWN at 1880
and p esented several Indictments.
Stat. VS.. William Zegler. Geo. Gray,
ESQ.,, for State Harry Sharpley and ii.
&. Turner for defense.
The case was another OF those for IL
legal voting in Wilmington at the city
election, held Sept. I'd, 1879. The in
dictmsnt Is one Of two counts the first
charges the accused with voting at the
northwest cor. of Fourth aud Madison
streets, the voting place for the Fourth
election district, without having The re-
! quired residence OF thirty days; the sec
ond, with voting at the southwest cor.
of Seventh and Madison streets, the
Eighth election district, without having
the required thirty days residence.
Geo. w. Sawyer, sworn Il was pres
ent at the polls in the west precinct OF
the Third ward, after o'clock, but did
not see VIM. Zelgler. He lives at 6l6
Tatnali street, in the eastern precinct of
the Fifth ward.
Cross-examined i think z egler lives
at 6l6 Tatnall street; l cannot say to q
certainty whether he lived there at the
time of the election, or tor thirty day
before 1t; can take my oath that he wa,
not a qualified voter there; | canvassed
the district and did not ind Zeigler liv.
ing there.
Aaron Brack Starr, sworn-I was al
the polls at Fourth and Madison streets
| know VIM. .Zeigler;saw him vote at thai
place; challenged his vote on account
residence.
Francis X. Irons, sworn--I was at the
polls at Fourth and Madison streets; saw
him vote at that place; know nothing o
his residence.
F. A. Taylor, sworn-I was clerk a
the Eighth district polls, at Seventh an.
Madison streets; Mr.. Zeigler voted a
poll early in the day his father lives a
$40 Tatnall street, and he lives will
him.
AT this juncture, while the cross-ex
animation was proceeding by II. &
Turner, Esq, Mr.. Gray arose, and beg
/, ging pardon of Mr.. Turner, addresse,
the Court.
"May It pl' ase your honor, have a
this moment noted the fact that the in.
dictment upon which William Zeigler i
now being tried has not been signed b.
Mr.. Pennington, the ex-Attorney Gen
/, eral, who drew it AMI the others up.'
- The Court examined the indictmen
d and decided that owing TO the fact tina
!. the law required all indictments to d.
e, signed by the Attorney General, the in
le dictment was null and void, Mr.. Ora
at once abandoned the case. The Cour
ii instructed the prisoner to be locked up
a and Anthony Higgins, Esq, who sat be
hind the prosecuting attorney, prompt
ing him needlessly in his zeal to secur
verdict Of guilty" presented pic
ture of utter disgust. A new indictmen
, will be prepared and another trial com
menced.
Sewall Starkey, COL, was arraigne
. upon the new Indictment found agains
him for burglary and attempt 10 comm
larceny, instead of "attempt to commi
rape" as originally charged. lie pleade
/. "nct guilty"
;. State ps. John S. Webb, COL, II.
% Turner, Esq, for State, II. r. Pennins
- ton, Esq, for defense. Mr.. Penningto
/ stated that his client desired to with
draw the plea of "not guilty." and ente
~ one of guilty" This was done and til
jury rendered verdict of "gulty."
Webb, the prisoner, being allowe
permission to make a statemen nj, said til
boy came in with club in his hand, an
cried. ''get ready" he thought they wei
y going to assault him, and knocked th
10 club out of his hand and hit him wit
the dull edge of the corn knife. job
went on to mako quite lengthy an
favorable plea for himself
IN At the end Judge Wootten 'remarke
"That was pretty good speech"
Where were you born, John" askt
the Chief Justice.
an "In Sussex county,"
.Oh, l thought so, thought So" e,
claimed Judge Wootten, gettin ng OFF III
inevitable "old Sussex" observation am
: roars of laughter.
The prisoner was fined one dollar al
costs.
State vs.. Amanda johnson COL, Tu
ner for the State, Sharpley for defens
o The case was one of larceny of sha,
e'' from sarah j. Benson, col. In Wilmin
n ton. She was found guilty. by the lu
at 1O5 O'Clock without leaving the bo
She was sentenced to pay 80 cents res
tuition mODey and cos ts and one man