The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1880-09-21

NESS FOR THE CoURT-AJURY TRIAL
BUT THE PRISONERS ACQUITTED Be
CAUSE TWO SHOES ARE NOT A PAIR
OF SHOES.
Specially reported for the Gazette.
NEW CASTLE, Sept. 20--Court reas
sembled at 3 O'clock this afternoon, Chief
Justice Comegys and Judge Houston OH
the bench.
The Grand Jury were called aud re-
tired.
The case against Henry b. Courtney
for assault and battery on Edward Tat
nall (the cowhiding case) was postponed
until tomorrow, on application of de-
fendant's council, VIM. G. Spruance, ESQ.,
John Crawford, OF Wilmington, in
dicted In four cases of selling liquor
without license, pleaded guilty In two
cases and was fined $50 aud costs for
each. NOlte pros. was entered in the
other two, on payment OF costs.
William Campbell, of Wilmington,
similarity indicted, pleaded guilty to
two cases, for each of which he was
fined $50 and costs, and was allowed a
notie pros. IN three others on payment
of costs.
The first jury trial was that of State
vs.. Thos. Garaghy and John Brilely for
the larceny of two mems shoes from
Henry Pike. of Wilmington. Harry s.
Emmons, E.q., for the State aud Henry
e. Turner, Esq, for the defense
Henry Pike testified that pair OF
shoes, valued at $2.7 IS, was stolen from
his branch store at 3l3 Market street on
the evening of March 9th last /; Brilely
and Ga,aghy were in the store, and just
as Mr.. Pike passed by, coming from his
main store, he saw the former take down
| box containing one pair of shoes and
take out one of them. He supposed the
men were customers, aud as his sales
| woman was in the store at the time he
gave no further thought TO the circum-
| stance a, The time.
Miss Mary Robinson, the saleswoman,
testified to the men coming into he
store, a. d said Garaghy mainly occupied
| her attention with inquiries in regard to
ladies' shoes. Meantime Brlely took
| down and opened the box containing one
pair of mems laced shoes. a question
by Garagby attracted her attention for
an instant, land, when she turned around,
/ Brilely was replacing the box Oh the
shelf. About three minutes after their
depa ture she looked INTO the box
Blllely had opened, and found it empty.
Counsellor Turner took exception TO
the indictment, because it classed the
property as "two mems Shoes" whereas
the proof was Il at they were known as
"a pair Of mems laced Shoes
The inter esting point as to whether
'stwo mems slIo' 5" really and legally
| constituted ga pair of mems shoes" was
pressed upon the Court SO perslstently
by Counsellor Turner that Attorney
General Gray took hand In the op-
] position. The Court took the view that
the language of the indictment was up-
| usual In consideration of the fact that
the shoes formed a regular pair, intend
ed only for one man, while the inference
from the words "two man's shoes" was
| hat there were two odd shoes, not in
tended fjr one mans wear.
The Court therefore held that the in
dictment was insufficient in this case
and instructed the jury to return YER
dict of ''not guilty." which was done.
| The General Jury was discharged un-
| iii tomorrow morning at 10 O'Clock, and
The Court of Oyer aud Terminer, which
had heen opened, this morning, in con-
nection with the Court of General Ses
sions, was adjourned without day. This
was for the reason that the case OF the
negro Moody, arrested on a charge OF
committing al outrage on negro
woman, turns out not to be rape, and
possibly not even an attempted rap.
This removes the capital case for which
the Oyer and Terminer Court was
called.
At five o'clock the Grand Jury cam
down with a number of true bills and
we're discharged until tomorrow morn
ing at 10 o'clock, to which time the
court adjourned.
ARE TWO A PAIR?
The interesting question was eagerly
discussed after Court, and was the best
morsel for the quid nuncs that has been
furn SIZED by the Court proceedings, foI
several terms. Some Of them knocked
| the DECISION of the Co irt into cooked hat
| not while others went into the most ex-
haustive arguments to prove the correct
ness of their honors' decision. Coun-
sellor Turner triumphantly maintained
the correctness of his position and hoored
| all opposition with suh elaborate argu-
ments In relation to the difference be-
1.-TWO" and " pair" that the famous
difference" twixt tweedle DUN aud
lweedls dee sank into insigniAcance.
The Counsellor interpolated into hi
arguments certain mystic remarks abou
IA pair" "two pairs" #" three and pair
" tiush," "a straight" etc, at which
those who seem ID to understand thes'
uninlelliglble phrases laughed heartily
After the acquittal of Garaghy anG
Brilely they were still held in custod,
and the Attorney General prepared
another indictment against them, which
| hn sant hniora the Grnnd .IuIX.