The daily gazette., 1880-02-05
Court Of "Qnarser sess;os.s."


LARCENY cAsE-rHE woULD-BE
sENrENCED-GRAND JURY's REPORT.
Specially reported for the Gazette.
NEW CASTLE, Feb. 4th. The after
noon session Of Court was opened with
the case of Emile Walther, indicted
on the charges of selling liquor with
out license. He pleaded guilty to
one charge, and was fined $50 and
costs in each Of the othea cases a
notle pr0squi was entered.
State vs.. Margeret Owen, larceny Of
a bolt of flannel from Annie B. Holt,
on Second street near Tatnall, on De-
cember 9th; John Biggs, ESQ.,, for
State, Sharpley for defense. The fact
Of the taking of the goods was proved
beyond doubt by the son Of Mrs.
Holt.
The defense was that the woman
was of weak mind and kleptomaniac
Exr Mayor Whiteley testified that dur
ing the time he was mayor, the wo-
man was brought before him for an
offense similar to the one for which she
was on trial, certainly four times. He
considered her kleptomaniac, for she
could not pass store, in front of
which articles were exposed for sale,
without taking something and con-
cealing it under her dress. He could
not call her insane but she certainly
was silly. He had sent her to Jail sew
eral times, but more to have her con-
fined than punished, and he thought
she was more subject for an insane
asylum than felon's cell. Fa
Sergeant of Police Legg, stated that
on one occasion he arrested the woman
for taking things In front of Lichten-
STEMS store as they were coming up
the street she also tried to take an ar
ticle from in front Of Sharpe's store,
and said she did it for fun. Thomas
Toy testified that he had known the
woman for 25 years, and she had
children, since 1854, when her husband
died, she had been addicted to drinking,
and was Of unsound mind. Lawyer
Turner testified to similar effect concern
| ing the woman's weakness Of mind, and
that she had an unaccoun' able mania fol
taking things. Chief of Police Maxwell
testified that the woman had been arrest
ed many times since he had come into
office for taking things; she seemed silly
at times and some people who had heI
arrested, did not care to appear against
her.
The Attorney General signified- bis
WILLINGNESS to accept verdict oi
"guilty" on plea Of insanity.
The court, Judge Houston, did moi
think that verdict could be found un
der such q plea, as the statutory provi
slOns, applying to such cases, only refer.
red to capital ofienses.
The court, however, said to the jury
that they might Judge from the evidence
of the capacity Of the prisoner to commit
the crime Of larceny, and that in view o
all the circumstances, such a state o
| mind had been shown as to entitle thu
defense to a verdict of not guilty. Tn,
jury accordingly rendered such q YER
| dict.
Martin Jordan, o saloon keeper, o.
South Wilmington, pleaded guilty te
two indictments for selling liquor with
out license. He was fined $50 anG
costs in each case. Five other case;
against Jordan were noiie prosecuted.
"Monk" Austin, Enoch Rash and
Thomas Flanagan, pleaded guilty to 9
charge Of attempting to set on fire the
Railroad and Steamboat Hotel on East
Water street, owned by P. G. Plunkett
in November last. The Court in SEN
fencing the prisoners, impressed upon
their minds the serious nature of theiI
Offensp, and said that IL the fire had
been communicated to the building they
would have been guilty of arson, which
was capital ofiense. He then sen-
fenced them TO pay a fine Of $500 each,
and be imprisoned for two years each.
State VS.. VIM. jackson, COL, for the
larceny of pistol from Joseph John
son, COL, In Wilmington, on Nov. 10Th,
last. Biggs for State, Turner for de-
tense. Verdict, guilty"
Adjourned.
Sergeant Doian's case been postponed
In court.
The Levy Court is likely to make the
appointments to-day.
Court will get through this week.