The daily gazette., 1880-11-17
rr.- Yesterday. Las. sa,s,.a.
THE COUNTY COURT.
WHAT WAS DONE AT THIS
MORNINGS SESSION.

ING OfFAOhh thAMbhhs - pihIh
CASES.
speci lily reported for the Gazette.
NEW CASTLE, Nov. 16.--Court open
cd promptly at 10 o'clock this morn
ing, Chief Justice Conveys and Judges
Houston and Wootten on the bench.
A jury was at once empanclled to
try Eugene Cooper, the stalwart negro
who gave officer Robt. w. Chambers
such heavy tussle when the latter ar
rested him, GU Monday night week.
The charge against Cooper was resis :
ing an officer, and as this, by law, is
only a misdemeanor, he was not re-
quired to sit in the prisoner S box, but
remained in the bar.
Attorney. General Gray conducted
the case for the State, and the priso-
ner had no counsel.
In opening for the State Attorney
General Gray said that resisting an Of
ficer comprised any obstruction or re-
sistance of whatever character, placed
in the way of a legally authorized Of
licer in the performance OF his legal
duties.
The indictment is in two counts, one
charging resistance to the officer, and
the other an assault and battery, in
addition. The Attorney General brief
ly reviewed the circumstances of the
case, and then Esquire O'Neill took
the stand aud testified that he issued
warrant for the arrest of Cooper, for
assault and battery on a colored man
named Reed, and saw it placed in the
hands of officer Chambers for service.
Policeman Chambers then took the
stand aud told ow he entered the house
OF Jim Miller back of Fourth and Madi-
son streets, to sejve the warrant, and
| found Cooper under the bed. lie read
| the warrant TO Cooper who refused to
20. He asked Reed for assistance, and
Reed, saying he would go for help, left
and did not 90 back any more. lie then
asked the man Of the house Miller to
help, but this worthy replied "go to he'll,
| III help nobody after which he took
| the light and went down stars.
Officer Chambers then detailed his
fearful and persistent struggle with
| Cooper both IN the house and on Fourth
street where he chased him. Once, in tie
house, Cooper got in the front room and
tried To shut the door, but Chambers
thrust his revolver against the I'M .and
keppt II open. In a few seconds Cooper
aid, "now you white son-of-a bitch, put
| your head in here;n Chambers pushed ~
and Cosper struck him a cross the back
| with a chair they sieled and fought 10
| the gate, where Chambers used his black
| Jack, and Cooper bit his finger, causing
him 10 drop it. Afterwards In the tussie,
he fell and Cooper kicked him several
| times ia the stomach. Then Cooper ran
out on Fourth street, but Chambers toll
lowed him, and kl ocked him down with
his fist. In the fall, Conper's head struck
against the house aud he became some
what stunned and gave up the fight. Al
ihis time. Reed came up with a man
named Myers, and Cooper was taken tc
the police station.
The prisoner made no attempt al
crcss examination, bat said he did MOI
strike the officer, lac only ''tried TO dasl
him and get away from him"
Reed, the negro whom Cooper assault
ted corroborated the first past of Cham.
bers' testimony, and said he left the
house 10 get assistance.
The case was submitted without ar
gument, and he Court told the jury
That every man was bound 10 subm
to the processes OF the law, and that il
this case the officer seemed to have TAX
en unusual pains To exhibit his Lawful
authority. Ii the jury believed th,
testimony, they could not help finding
the prisoner guilty.
Inc jury returned verdict of "guilty'
without leaving the box.
The Court told the prisoner that from
he testimony he appeared TO be a des
perately bad man, and that an exampl,
| would be made of him, that others nigh
be deferred from resisting The pfOcesse
| OF the law, sentence of 500 liur anl
| ole years imprisonment was then i'm
| posed.
John Craven, the very bad little bo,
from Wilmington, who, although no
fourteen years old, and small for mis- age
has been indicted Tor larceny and al
tempted rape, was next brought into Tia,
court. Nolle prOSequi had been enter
ed for all the charg against him, anC
The Chief Justice discharged him with
serious reprimand. lie told Craven /
he ever again appeared in court thu
heaviest penalty Of the law would bt
visited upon him. Craven's mo he
Was in court, and the Chief Justice sale
he hoped she would be able 10 reclaim
her wayward son, and make him a re
| Specialize member OF the community.
Frank McGarvcy was next arraignet
for the arceny of two lanterns from thC
p, w. " B. Il. r. Co., on the night ol
The S,h oil October John Biggs, E.q.
for the State, aud r. IL. Davis, Esq.
for the defense.
The testimony for the State was tC
the effect that the lamps were missed
J one night, and that officer Bricklt
saw McGarvey with them next day, al
Front and Madison streets, and arrest
ed him. The defense brought on
that McGarvey was somewhat undeI
the influence of liquor when arrested
The defense argued that tho pris
oner, being intoxicated, was not capa
BILE OF having the intent to appropriate
the goods to his own use, which IN
tent is necessary to establish the lar
ceny.
The court charged that this plea wa
admissible, but the jury must fee
very sure, in this event, that the de
fenpant was in such condition, iron
intoxcation, as to be utterly unabl
TO comprehend what he was doing a
the time.
The jury, without leaving the box
| rpturupl a vardirt nf au,;It,, - NJ