The daily gazette., 1880-05-13
FIRST EDITION.
- - -
THE COUNTY COURTS
CONTINUATION OF YESTER-
DAYS SESSION.
THE CHARGE OF THE COURT IN THE
TOBIAS cAsE-rHE STATUS OF A
BLACK MAN IN ooURT--oTHER BUsI-
NESS.
pecially reported for the Gazette.

NESS.
Specially reported for the Gazette.
New CASTLE, May 12, 1880.
On the resssembling of Court, at 8
o'clock this afternoon, II. q. Turner,
Esq, for the State, addressed the Jury
in the case of Lewis Tobias, COL, in
dicted for assault and battery on Emo
ry Deakyne, with intent to kill, Mr..
Pennington having spoken for the de-
Tense previous to the noon adjourn
ment.
During the addresses of counsel pleas
were mad TO the Jury to give the same
justice 10 the prisoner as though he
were white man. In charging the ju-
ry, Chief Justice Comegys told the jury
they had nothing to do with the COM
plexion OF the accused. That they
must take no account of his complex
ion, but deal entirely with the facts.
The law presumes the accused to be a
man of good character, excep. SO far as
he Is affected by the testimony in he
case, and therefore, he is to be treated
the same as If he were a white man. Ii
you deem him guilty, said the Chief
Justice, you must convict him ; If not,
you must acquit him.
The Chief Justice then reviewed the
evidence In the case, and alluding to its
conflicting character, said the jury must
sift 1t for themselves, and conclude
which is true and which is false. The
jury retired.
VIM. Rothwell, negro lad, one of
little "Sugar Awful's" gang, was ar
raigned on charge of disposing OF a
watch an chain, valued at about $11,
belonging to Frank Thomas, of Will
mington, which had been stolen by
"Sugar Awful"
He said he was not guilty of larceny,
but guilty of selling the articles after
they had been stolen by other parties.
A plea of "not guilty" was entered, a
jury drawn and the case wac tried, At
torney- General Gray representing the
State.
The watch wss stolen from the house
of Isaiah Thomas, in Wilmington, and
belonged to his son Frank. 1t was
stolen by, "Sugar Awful" and given to
VIM. Rothwell, who sold it.
Evidence was adduced to prove that
VIM. Ro hwell sold the watch and chain
TO Samuel Hochkeimer, on Market
street, above Front, who afterwards
took it to the police station. The jury
returned verdict of "guilty," without
leaving -Jhe box. ROthwell was SEN
fenced TO pay So restitution money and
costs of prosecution, stand one hour in
| the pillory, be imprisoned six months
and wear convict's jacket six months
after release. William howled dismally
as he was taken back to Jail, and went
with great reluctance.
AT four O'Clock the jury in the case of
Lewis Tobias returned with verdict OF
guilty" He was sentenced TO pay a
hne OF $500 add costs of prosecution, be
imprisoned two years, and stand one
hour in the pillory on Saturday next.
Lewis nodded his head approvingly to
the Judge as the sentence was deliv-
cred.
At 4 o'clock, the grand jury came
down with several true bills, and were
discharged from further attendance at
this term of Court, their labors being
concluded.
Frisby Lloyd, COL, who was commit
ted to jail for larceny some time ago,
was ordered to be discharged, the grand
jury having failed to find true bill
against him.
John Henry, a young white man,
was arraigned on charge of stealing
a watch, valued at $13, from .Abram
Murray, COL, of Wilmington, on the
26th of April last. He pleaded mot
guilty"
BENZ. Wilson, COL, was arraigned ON
a charge of committing an assault and
battery on George Lloyd, of Whining
ton, with intent to kill ; also for a
similar attempt on George O'Donnell,
of Wilmington. He pleaded mot
guilty" in both cases, and Harry Sharp
ley, Esq, was assigned to the defense
by the Court.
A jury was Then empanelled to try
the larceny case of John Henry, Depu-
ty Attorney General Cooper for the
State.
Abram Murray, the owner of the
watch, was not present, but VIM. PEN
nell, boy, testified that he saw Henry
sneak up behind Abram Murray at the
recent circus in Wilmington, and slip
the watch out of his pocket. William
watched him and short time after
wards had him arrested.
Officer Farrady arrested John Henry
, but said he found no watch about his
person ON making a search.
The prisoner conducted his own case
with some ability, and succeeded in
throwing some doubt upon his guilt.
He also made quite strong speech to
the jury, and claimed that boy who
had not sense enough to inform man
that another man was stealing his
watch, was not capable of singing out
one man from a crowd afterwards and
identifying him as the thief. Henry
claimed that he came from Riverton,
N. j., and was on his way to New Cas-
tie when he stopped over in Whining
ton to see the circus. +et. E.f.
Mr.. Cooper replied by alluding to
the crowds of pick-pockets who follow
in the wake of circuses, to the annoy
ance of honest people, and claimed
that the prisoner was one of this class.
The jury, after an absence of five
minutes, returned with verdict of
"guilty."
The prisoner was sentenced to pay
S12 restitution money and costs of prose-
cution, be whipped with twenty lashes
ou Saturday next, be imprisoned SIX
months, and wear convict's jacket six
months after release.
The hail bonds of Anna M. Joyce and
Geo. Kleinstuber, charged with selling
liquor without license, were ordered to
be forfeited they not appearing,n Court.
John McClafierty and Joseph Stoekle
| were the suretIes