The daily gazette., 1880-05-14
FIFTH EDITION.
THE COUNTY COURTS.
A NEW FEATURE AT THIS
MORNINGS SESSION.
THE CASE OF WIN. NEAL, COL, AND
THE QUESTIONS 1T TINvoLvEs-cAssI-
DY CONVICTED,

DI CbN NNitIbDs
Specially reported for the GAZETTE.
NEW CASTLE, May 14th.
Court opened at 10 o'clock this
morning, Chief Justice Comegys and
Judges Houston and Wales on the
bench.
The jury in the case Of Edw Cassi-
dy, charged with assault and battery
on Police Sergeant John NJ. Legg, with
intent to kill, came into Court at five
minutes past nine O'Clock, last night,
with verdict of "guilty in manner
and form as indicted"
Cassidy will not be sentenced until
the arrival of his counsel, Charles B.
Lore, Esq, who did not come over this
morning.
In regard to the trial Of VIM. Neal,
COL, charged with committing a rape
on Mrs. Margaret Gosser, of Blackbiid d
Hundred, Anthony Higgins, ESD,
counsel for the defense, asked that the
trial be postponed until Monday week.
Attorney General Gray SAID this case
was one of great importance to the
State. The witnesses had been in at
tendance several days, and among
whom was nursing mother. 1t was
hard to tell whether these witnesses
could be kept in attendance. He de-
sired the postponement to be as short
as possible.
lie understood there was preliminary
question 10 be argued in relation to this
case that would make it impossible TO
get at jury tnal this week. The
trial Of itself would not be likely to
consume moie than one day. Mr.. GRAY
aug ested that the raiai be set down for
Wednesday or Thursday of next week.
The Court after consultation, and
learning that the Superior Court bust
ness would not occupy much time grant
ed Mr.. Higgins request ,and discharged
the special Oyer ana Terniner jury un-
Ill Monday week. The general jury W as
discharged until Monday morning next.
The preliminary question to be argued
in the Neal case, and alluded to by At
torney General Gray, IL is understood,
will be an application by the counsel for
he defense for the removal of the case
to the United States Circuit Court, oil
| the ground that no colOred men have
been drawn TO serve on The jury, the
defendant being colored man. Such
a move is abrolutely Tithout precedent
in the Courts of this State. and Is a
matter Of vital Importance to every citi-
zen.
1t contemplates the removal of a
case wherein a man is charged with
seriously violating the laws of this
State by the commission Of heinous
crime 10 tribunal where his ofiense
cannot be recognized, much less tried
and punished, though his guilt be as
plain as the light of day. 1t would
in fact, if allowed, be practical dis
missal of VIM. Neal from The custody
of the State authorities, and would
open the gates to the commission OF
rapes on white women by brutal
negroes with perfect impunity, as a
rod in terrOrem to compel the draw
ing of negroes to serve as jurors in
the Courts of Delaware.
The proposed removal, however, will
be stubbornly contested by Attorney
General Gray, on the part Of the State,
aud as the question must be argued be-
fore full bench, 10 action will be taken
until the arrival Of JUICE Wootlen,
who is expected on the noon train.
Harrison RothWell, col, otherwise
known as "Sugar Awful" who pleaded
gnilty TO the larceny Of watch from
Frahk Thomas, of Wilmington, was
brought into Court for sentence. The
Court said that on account of the youth
of the prisoner, and his candor III con-
Tossing his guilt, they would be perfectly
willing to spare him the punishment OF
the post, but they had no discretion ex-
cept to regulate the number of lashes
The Court then administered some
wholesome advice III relation TO the lads
future conduct, and then sentenced him
to pay $40 restitution money and costs
Of prosecution, be whipped with five
lashes on Saturday next, be imprisoned
three months, and wear conyict's jack
ct six months after release.
"Sugar" heard this light sentence with
evident satisfaction and left the Court
room with percepible grin ON bis
shrewd- looking face.
AS Judge Wootten did not arrive
on the noon train, Court adjourned un-
til 10 O'Clock Monday mornin,.