Daily Republican., 1880-05-13
THIRD EDITION.
TEE COURES.

N"uEEh U%yb hHOSt ONA-N0
sta-F d, and the Gvcrcoat that
It'd t0 his arrest.
Specially Reported Tor the Republican.
NRw CASTLE May l3, 80.
The court c1mencsd at 70 O'Clock
this,mnrning, Chief Justice Comegys aud
associates Houston and Wales on the
bench.
The case of the State vs. William
Neal charged with rape being called,
Mr.. Higgins who had been assigned as
counsel, stated that he hai not had
time tolmaks himself properly acquaiDt-
ed with the facts OF the case or to give
it that attention that the importance of
the case demands. The prisoner he
understood had given the names Of q
number Ct witnesses 10 desired sum
moned some Of whom he understood had
been summoned and others had not.
He thought that there was a way by
which these witnesses could be
reached and he did not feel safe
In going on with the case until every
effort possible was made to have these
witnesses present. Some of them he
understood were very poor and could
not get to court without great incon-
veniences land others whose. testimony he
believed to be important lived in Duck
Creek Hundred, Kent County, beyond
the service of this court.
Mr. Gray, States Attorney, wanted to
know from Mr.. Higgins when he would
be ready to go on with the trial, SO that
he could arrange for the trial Of other
eases.
Mr.. Higgins could not at present say.
ss he had no conversation with the
prisoner and his witnesses, and the
time for proceeding with the trial would
depend upon his success in reaching
the witnesses.
The Chief Justice requested the
States attorney to proceed with some
other cases if he was prepared and
give Mr.. Higgins an opportunity to get
his case ready for trial.
The case Of the State VS.. Sewell Star
key, charged with breaking into the
dwelling house Of Ex-Sherif Isaac
Grubb, Of Newcastle Hundred, on The
night Of February 18th, was called.
The case being ready for hial a jury
vas empaneled and sworn.
Isaac Grubb testified that he went tot
bed as usual after the house had
been closed. In the morning he found
hat his house had been entered
Turing the night and his clothes
which lay on a chair in the room were
rifed of a gold watch and chain, a pair
II gold sleeve buttons, al oveTcoat
worth $40, and bank nc tes valued at
b96. Entrance was made by window
,f his room, an attempt having been
made to cut the light out, but that be-
ng abandoned the window was broken .
lown.
John Rittenhauss testified that on the
evening of the 18th of February, he saw
'owell Starkey at store 300 yards
rom the dwelling of Mr.. ,Grubb, and he
Isked where Mr.. Grubb lived. Starkey
vas surprised that he lived 30 near;
when he left he started in the diractioA I
If Mr.Grubb's Tesid-res Starke: asked
2ittenhouse hog he identified him as
he man he met at the store "By your
general appearance, said Rittenhouse.
5tarkey said he could NOT recognizs him
'or as sure as there was God in Heav.
an he did not see him there.
Asbury Pennington testified .nal be !
lived in Aiddletown, and received Al
etter from Mr.. Grubb stating that bel
lsd been robbed a ID that he thought
'e"e'l S'afkeS .<as tue man who robbed
nm ren n-lnEton then traced Starkey
. noAse occupied by Henry Hooper,
'hete ne found an overcoat which Hoop
+ sad starksyi had left there. Recos-
l'zed the over coat as belonging to Mr.
irubb.
Henry d ,oper testified to ssarkey
eaVlDg th overcoat at his house, and
nat star key had set the boys up about
iidole" ,wD, having plenty OF money.
Serf Iant Whelen testified to arrest
ng ,tSrksy at Second and Market
tree Is.
ne State having closed, John Mich
lF was called for the defense and testi-
I'd that he saw Starkey buy an over
nat from man OIL Tuesday from Girls
fisld, paying dollar for it.
Starkey addressed the jury on his
own behalf, protesting his innocence
and telling the jury that they ought to
have little more evidence upon which
to convict man. However he said he
Supposed his word would not be be.
lieved."
Mr.. Cooper, Deputy Attorney Gener'
al briefly addressed the Jury, and after
hrist charge from the Court, the jury
retired.
Ancient OsG~r 4A kdtberIhsnHH-