The daily gazette., 1879-05-15
FIFTH EDITION.
The County Courts.
FOURTH DAYS PROCEEDINGS.

THE ALLEGED MURDERERS OF PERRY
DENNY ARRAIGNED AND PLEAD
"NOT GUILTY"--THE TALLOw FAC
TORY CASE CONTINUED.
Especially Reported for the Gazette.l
New CASTLE, May 15.-The Court
of Oyer and Terminer and General Ses-
sion, the Orphans Court and the Court
of Chancery were all opened at 10 o'clock
this morning Judges Comegys' Wootten,
Houston and Wales on the bench.
The grand and general juries were
called, also the additional Oyer and
Terminer jury.
Attorne-General Pennington stated
that yesterday true bills had been
found against George Kopp, Walter
Flynn, Griffith Smith, James Monaghan,
and VIM. Allen, for the murder of Perry
DENNY. VIM. Allen had not been ar.
rested and the others were in Jail. he
therefore asked that they be arraigned
The prisoners were placed at the bar
and Clerk Springer proceeded to read
1
were neatly dressed and looked decided
ly interested, as well as trifle anxious
The Indictment, stripped of its lega
forms, declares that the defendants, OF
the 9Th of April last, did assault PER-,
Demby, and pull, push, cast and throw
him down unto and upon the ground
and did, with their hands, feet and knees
while he was there lying, strike, kicl
and beat the said Perry Demby, upol
the head, breast, back, side and belly
thereby infiicting several mortal bruises
decorations and wounds, so that he the
and there instantly died. And tn
Grand Jury thereby find the said defend
ants guilty of ''murder in the first dc
gree and of felony"
In answer to the usual interrOgatOrie
each of the prisoners answered that b
was "not guilty." and that he would b
"tried by God and my country" T
each the Clerk responded, Sand may Go
send you a safe deliverance."
In relation to the time for the tris
George Gray, Esq, one of the counsel ft
the defence stated that the defence woul
be ready at as early day as the Coul
might d. tsignate.
uC ot6tCu bu6J I'll
State had several prisoners, in Jail, read
for trial, with the witnesses at hand.
this case was commenced tomorrow, Il
. other cases would have 10 60 over unit
? next week, entailing extra expense upC
the county. He thought it would
economy to dispose the petty cases frs
After consultation it was agreed 20 8
the capital trial down for Monday NOR
.,1.,l@ 60 ,s..l H..
ness in the case, aud the additional Oy
aud Terminer Jury were discharged.
J. The Chief Justice announced that q
civil business set down for NJ onday mt
= be ready a. that time, as in the event
the capital trial not being proceed
with, the civil list would be prompt
called.
The following prisoners were arraiQ
ed, and pleaded "not guilty"
J, Robert Simmons and John Your
q COL, for the larceny of 20 chickens
ducks and one turkey, from Cyrus Pc
OF St. Georges hd., on April Goth.
- 1siah Pritchett. COL, for buying
gold watch, valued at $75, which |
" 0een stolen from Ciarkson Ogden,
Wilmington, op November 1lth last.
Alexander Pritchett, James Tru
and Joseph j. Cook, negro boys,
stealing the above watch. and some j.
elry, belonging to Clarkson Ogden, fr
. the house Of Charles Candy, Wilmi
ton.
" Cook, who is quite little fellow, 81
he was guilty" but the Court ordere
plea of "nOt guilty." to be entered
prisoner evidently not knowing the c.
, sequences of his plea.
Stephen Byard, Gel, for the larce
= Of S1O.6O In money, from David Bya
cal, of Wilmington, pleaded "euilty.
'. Richard johnson, col, for the larce
of two turkeys, from Thomas Cochr
OF st. Georges Hd., on the 10Th Of MAJ
= last. Pleaded "not guilty"
y The case of State VS.. August Bicl
" and George Abele, for maintaining
nuisance, was resumed, with Geo.
Roberts, late President Of Board
& Health, on the stand. He testified t
- he frequently visited the tallow factO
but did not notice any bad smells th
r except once. Then he was goiug all
s. the street, in the neighborhood, and
from the factory. Went around tn
and found a man stirring pot of h
ing fat. Asked the man what a d
!. smell, and he replied that he did
kosw, unless the fat was burning.
place always ooked clean when witt
was there.
Edmund B. Frazer, Esq, Secretary
. the Board of Health, was placed on
stand, with the minutes of the Bo
which the defence desired to put in
dence, to show that the Board had e.
q ined the tallow factory and declared
not to be a nuisance. The State obj
ed to the introduction of the record
evidence. The Court overruled the
lection, and witness read from the I
utes of September 10th, that the 1
y Ward Committee reported a nuisant
the tallow factory. On October 21st
er- committee reported the nuisance alb
and were discharged from further
sideration of the subject.
VIM. T. Griffenburg. OF 3N East
ass ond street, testified that he lived o
site the tallow factory previous to
twenty-fifth of March, and never
L finod INV a ffo moi wa aInAlla Coninn