The daily gazette., 1879-05-17

ANOTHER SMEIIINd CASE To he
TRIED-A LIVELY LARCENY TRIAL,
IN WHICH THE PRISONER CLEARS
HIMSELF-A VICTORY FOR COUNSEL
LOR SHARPLEY, ETC.
Especially reported for the GAzETTK.]
New CASTLE, May 16.-Court re-as-
sembled at 3 o'clock, this afternoon.
The grand jury were called and retired
to their chamber.
In relation to the case of the State ps.
Martin and Woodward, for maintaining
nuisance Ga case SIMILAR to that Of
Messrs. Bickta and Able) Anthony Hig-
gins, Esq, counsel for the defense, said
he was ready for trial.
Attorney-General Pennington stated
that many of the witnesses for the State
were not present and asked for the con-
tinuance of the case until the September
term. Meanwhile he would consult
with the States witnesses, and ii the case
appeared to be no stronger than the ONT
| just disposed of, he would ask leave tt
, enter noiie pros.
The Court said it was the general
I rule that where the defendant was ready
for trial, the State was bound to be.
As Mr.. Higgins refused to assent
to continuance, the case was set
down for tomorrow morning, at 10 o.
clock, and attachments were issued for
the absent witnesses on the part of the
State.
State us. George Taylor, COL, for the
larceny of 40 pounds of ham, 40 pounds
of fitch, and II pounds of susage, from
Peter b. Heusted, of Wilmington, on
the goth Of February last. The evidence
proved that the meat was stolen, and
was afterwords found in bag in the
yard of Geo. Taylor's house; also, that
Taylor had attempted to run away when
the officers went to search his house.
George, who was formerly en-
ployed by Mr.. Heusted, cross-ques.
| toned the witnesses in relation to his
character for honesty, which they admit
ted to have been good, previous to the
robbery. He also had some witnesses, ,one
| of whom, Henry Collins, said that George
Taylor had been with him on the
nigl of the robbery, at the BrOwntOwn
church. G. o.ge had been deemed good
sort of a fellow, rather small, and had
| teen invited to go to the church thai
night and take part in debate upon the
| question, (which causes the most grief
to our COUNT iy-Whiskey or War;"
It was also testified, by the witnesses
for the defence, that in the debate George
took the side of whiskey. The witnesses
all stated that George started for home
about eleven o'clock, and George Valen
tine, who lives in the same house witt
George, testified that he came home
about II O'Clock at night, and did no
leave until 8 o'clock next morning. Wit
ness arose at q o'clock in the morning
and George was then sitting up. Wit
ness also stated that man named ROber
Wolford stayed at the same house, wht
was in the habit of coming in and goin,
out at all hours of the night.
CAT 3:45 o'clock the grand jury cam,
down, and announced that they hat
completed their laDors, whereupon tn
Court discharged them from further at
tendance upon this term, with thank
for their services.
The prisoner conducted the eXamina
ton of his witnesses with considerable
ability, and brought out the salien
points of their testimony with sharpness
and skill.
The Chief Justice summoned up til
evidence and told the jury if there wa
any doubt in their minds Of the guilt O
the prisoner they must give him the ben
eft of the doubt. The jury then retire
for consultation.
State ps. James Boyer, COL, for assault
and battery upon David Walker, col
with intent to kill, was next tried. II.
Pennington, Esq for the State and Hal
ry Sbarpley, Esq, (by assignment of tn
Court) for the defence.
This case was fully reported in the Ga
ZETTE, at the time of its occuranc'
which was the Sth day of last Marcl
Boyer, was drunk and disOrderly, an
Walker was endeavoring to get him HON,
But out on Maryland Avenue Boyer a.
saulted Walker, and drawing a revo!ve
deliberately fired at him, at close rang
the ball striking Walker on the bridge
the nose, penetrating that organ, but fo
tunately inflicting slight wound. II
ball remained in the mans nose and Il
: doctors were never able to find it. Al
the first shot Boyer made several q
!, tempted to shoot Walker again, but Il
! latter knocked him down and went awt
!, : to have his wound dressed.
! David Walker testified to the assar
Q upon him, and Joseph Sinex, test,ti
l., that Bower drew the nistOl and threats