Daily Republican., 1879-09-19
QUIZ COUNTY COURT.
A steamboat Case - lnterestips
Points Adauced-A Short After

EVADsb AW~uCOO-A DMWEs AAecAe
moons session. aM
Specially Reported for the Republican.
NEw CASTLE, Sept. Is, 1879.
[Ths proceedings subsequent to those
published in yesterdays issue are as
follows
Court opened this morning as usual.
Judges Comegys and Houston on the
bench.
State VS.. George Cleaver, for an as
sault and battery on William Allen on
the 23d Of July. The facts are these:
Alien was passenger on the "Majol
Reybold" and an alteration ensued
over a ticket which Mr.. Clesver, the
Captain Of the boat did not see fit to
take as an equivalent for passage to
and from Pennsgrove. This ticket he
purchased on the boat from New Gas.
tie from q gentleman selling tickets
from Salem. There was Sunday
school excursion on board from Salem,
N. j., aud the ticket he purchased was
one Of the excursion tickets.
Witness went on to Pennsgrove and
on returning to New Castle he presented
the ticket as he was about passing of
to the wharf, but the Captain refused
the ticket. Allen then passed on up
to the upper deck and jumped from the
boat to the wharf. As soon as the cap
tain learned this fact he went up tC
Allen, grabbed him and drew him again
on the boat. In the struggle which en-.
sued Allen had his clothes badly torn.
Upon going on the boat the young mar
paid his fare over and then repaired to
magistrates Office and had warrant
taken out for the captains arrest. This
was proven by Allen himself and cor.
roborated by Wesley George, compan-
ion of Mr.. Allen. Robinson for State
and John B. Rodney for defence.
The line of defence marked ont by
the counsel was: That these tickets
according to the contract we're not to be
used only for passage between Salem
and Pennsgrove and not from interme-
diate towns; that the captain was act
ing in his official capacity; and that as
the wharf was leased by the company
be had as much control over the pas
sengers there as though he were on the
boat itself. Witnesses were called and
proved that the wharf was for the ex-
elusive use OF the boat company, and
that the tickets we're not to be used
only for passage between Pennsgrove
and Salem.
The State in arguing the case en-
deavored to impress upon the mind of
the court that the idea that any boat
company acting as common carriers can
have lien on passenger. The State
held that in case of this theory being
afirma.ived by the court the company
will have just as much right to detain
passengers for five days as five minutes
as was the fact in the case pending.
The Court in reply to the respective
counsel gave its opinion to the effect
that if wrong was done 1t was the fault
of the committee from whom the ticket
had been purchased and not the fault
of the plaintiff. The latter acted in
good faith. There at the gang plank
at New Castle to attend to the interest
Of the Captain and the fact of the plain
tiff passing off the plank at Pennsgrove
was evidence of legal purchase. The
point of the law decided by the Court
was that if the Company desired re-
dress they should have obtained it
from the Committee.
The Jury was charged by the Court
to this fact after which they retired and
in a few minutes returned with YER
diet of guilty"
John Clark who was convicted last
evening of stealing money from John
Barnes Of Wilmington, was sentenced to
pay costs of prosecution, on Saturday
week to be whipped with twenty lashes
and be imprisoned three months.
State vs.. John Blackister, colored,
for the larceny Of corn from George W.
Atvell Of Appequinimink Hundred, on
tho End Of September. Robinson for State
and Rodney for defence.
Mr.. Rodney, the prisoners counsel,
did not deny the charge nor attempt to
disapprove it; but merely set up plea
of insanity. In addition to this Mr..
Rodney raised an objection to the in
dictment 80 far as it was stated that
the corn was the property of the plain
tiff when in fact there was a joint
owner who was not named at all. The
omission was fatal and the Court in
structed the jury to bring in a verdict
mot guilty." The prisoner was then
discharged.
AFTERNOON SESSION. u-a ~,
Court rsassembled at $50. The first
case was State vs.. John Groves COOL
for larcsncy of fishing net the prop
erty of Peter Smith, (col.) Peter testi-
fed to having loaned the net to Robt.
Riggs and that while going along Front
street hs saw net which he recognized
al his suspended before the junk shop
of man named Percival. He repaired
to the residence of Mr.. Riggs and de-
manded his property. Mr.. r. repre-
ssnted that the net was at his house
but learning that Smith had seen the
net he confessed that it had been stolen
from him. :,
The witness proceeded to the squire's
Office and procured warrant, and In
company with AL officer, went to Perci-
val's store and recovered his net.
Mr.. Psroival being called, corroborat-
ed Mr.. Smith as to the facts Of the re-
oovery and that he had purchased the
net from the prisoner. This closed the
evidence, and Mr.. Groves on being ask
ed if>had anything to say, addressed
the jury briefly, but effectfully, stating
that he had purchased the net from a
man named John Enos, and obtained
from him a receipt which was then in
the possession of his wife. The jury
retired, and in a few minutes returned
a verdict Of not guilty.
Mr.. Groves was profuse in his thanks
to the Court and Jury.