The daily gazette., 1880-03-15
Not Guilty.
THE YOUNG MAN ARRESTED FOR BEING
CONCERNED IN THE ALLEGED HIGH
WAY ROBBERY ON WEDNESDAY LAST
DIsMIsgED


THE YOUNG MAN ARRESTED FOR BEING
CONCERNED IN THE ALLEGED HIGH
WAY ROBBERY ON WEDNESDAY LAST
DISMISSED.
Lewis Henvis, the young man who was-
arrested on Friday evening last on the
charge Of being Implicated ip'the alleged
highway assault with iutentto Kill Geo.
w. Whelayn, on the Kepnett turnpike,
on Wednesday evening last, was given
hearing on Saturday evening, at The
police hearings, Esquire O'Neill presi-
ding. Upon being ARA gned the defen-
dant plead not quito. 5ai ~
The Iirst witness called was George W. I.
Whelayn, the plaintiff, who testified
that he recognized the prisoner, but did
not know him by name. On Wednes-
day LAST together with his wife aud
child, be was driving out the Kennett
turnpike, and after, having passed the
ColumbiaInu, q short distance, hesaw
three men standing in the road, few
feet apart. Driving on a few feet, Mr..
Toys horse, who was driving ahead of
him was stopped. and as IL was very
dark he drove on and ran into Mr.. Toy's
carriage, az he did so some one graz ped
his horses bit on the right side and
turning the animals head around ran II
into a stone fence, thereby upsetting the
wagon and throwing the occupant. out.
After he got on his feet he picked the
child up. and then took hold of the
horse by the left side OF the head. The
prisoner wac still holding the horse on
the right side,, and when he saw that
was up, told me to go and do my work
rs ho could hold the horse
James Toy testified shat he was driv
ing out the pike ahead Of the plaintiff,
and when above the Columbia Inn, he
saw an object In the road, and called for
1t to get out of the way. de stopped to
speak to the man, and as he did so, the
plaintiff drove up, and ran into his car
rage whereupon the plaintiffs horse be
ou and called for the plaintiff to come
on. -........-,.,-....--
Mrs. Catharine Whelayn corroborated
the testimony of the two preceding wit
nesses, with the addition that she heard
the prisoner say 10 her hus band that he
did not stop the horse, that 1t was some
one ahead, and that he came TO render a
service and not an injury. o ..tI,f
Thomas Toy testified that he heard the
cries OF woman and driving down to
where they came from, he saw Henvis
holding the horse, ald when he arrived,
the prisoner said lis that you Tom," and
| when answered him, be replied ''un-
hook the horse while / hold him." III.
| DenDis Gallsher testified that he was
| walking along the pike with the defend-
ant on the night In question, and when
near Mrs. Alfred DuPont's e.idenee, a
carriage came along. and the driver
| spoke to me. He knew bis voice and
asked ifit was not Mr.. Toy? Being ans
I " cred In the affirmative, Mr.. Toy stop
ped, and while talking the plaintiff came
driving along, and ran into Mr.. Toys
| wagon. The horse began to plunge an d
and rear, and then the plaintiff turned
its head toward the stone fence. As he
did that, the defendant, ran and caught
it by the head in order to prevent an ac-
| cident if possible. y,
A number Of other witnesses were ex-
I amined but as they knew nothing of the
| occurrence, but testified to the good
character of the defendant, their testi.
7 mony is not important. .lr
After hearing all the testimony, Els
l quire O'Neil said: I'm my mind and
I judgment, there Is no evidence to bring
snch q charge. The prisoner was en-.
| deavoring to render service, and moi
an injury. The case is therefore dis
missed, ...sf KlI1.