The daily gazette., 1879-09-19
SECOND EDITION
OUR COUNTY COURTS.
CONTINUATION OFYESTERDAY's
PROCEEDINGS.
THE REYBOLD ASSAULT CAsE-THE
ILLEGAL VOTING CASES, ETC.
Snpciallv ranortad for tho n . yu,rr,,

THE REYBOLD ASSAULT CAsE-THE
ILLEGAL VOTING CASES, ETC.
Specially reported for the GAZETTE.
NEW CASTLE, Sept. 19.-After the
close Of yesterdays report, the case of
State VS.. George Cleaver, Captain of the
steamer Major Reybotd was continued:
MIR. Koduey In closing for the defense,
said that the captain certainly had a
right to prevent the es ape of a passenger
who tried to escape. 1fthey had no right,
then any one could cheat the COMPANY
with impunity.
The court, Judge Houston, stated that
1t vas in his mind clear case. The
caWaln had no more right, certainly,
TO Keep the man flo n getting off the
boat at New Castle, who had purchased
the ticket at New Castle, than one who
tried to get off there having brought the
ticket at Salem. The committee sold the
imam the ticket, and if contract had
been made between the company and
the committee that tickets were only
good from Salem to New Cas- lie, the COM
mittee sold the young man the ticket at
their own peril aud therefore were re-
| sponsible.
The court, Chief Justice Comegys,
charged the jury saying that verdict of
guilty" should be brought in, the decl-
sion on the right of detention by the
agent OF common carrier, In such cases
was reserved. The jury rendered YER
dict of ''guilty."
The boy John Clarke who was con-
victed OF larceny last night, was sentenc-
ed TO pay costs and $2.97 restitution
money, to receive fifteen lashes and be
imprisoned three months.
State us. John Blackiston, COL, for
larceny of bag of corn from George W.
Atwell, Of Appoquinimink Hundred.
kob nson for State; Rodney for defense.
The evidence against Blackiston was di-
rect, as Mr.. Atwell testified that he saw
Blackiston taking the corn.
The Court instructed the jury to bring
in a verdict Of "not gu.l lty' upon the
ground Of fatal variance in the indict-
ment. The corn should have been de-
scribed in the indictment as the Joint
property OF Atwell and his landlord, and
not simply that of Atwell, the farm be-
ing rented on shares and the stolen corn
not having been divided. Accordingly
he was acquitted.
Court took recess at 1890 o'clock.
AFTERNOON SESSION.
State Us. John Groves, for the larceny
OF a fishing seine from Peter Smith, col.
was the first case that occupied the atten
ton of Court when it reassembled at
O'Clock this afternoon. Robinson for tn
State the prisoner was not represented
The evidence was very unfavorable 70
The prisoner, but the jury brought III
verdict of "not guilty."
All witnesses summoned to appear be
fore the Grand Jury against illegal lquo
sellers were discharged from all further
attendance at this term.
Safe Us. James johnson for larceny OF
81 from Edward Kelly, plead "guilty'
and was sentenced to pay restitution
money, receive ten lashes and be i'm
prisoned two months.
Adjourned to meet at 10 o'clock to-
morrow morning.
COURT NOTES.
The reason of Judge Wootten's absence
from Court is thai he is holding Orphans
Court in Sussex county, and cannot be
at both places at once.
The Grand Jury expected to get
through day or two ago, but the great
rush of business has kept it much longer
than was expected.
Every body wants to get through to-
day. The State officers want 10 get to
| fha Sta Eair