Daily Republican., 1880-05-13


of Emory Deacon.
Lizsia Ttattt appeared and took the
stand. she testified that she had
lived With Emory Deacon As his wife
fr Rina years with the exception OF
three weeks, shs wss sick in bed the
night In question .oli Lewis Tobias to
70 away before Escnry came hpme, did
uot seud Josss Washington to tell
Lewis Tobias t0 come and see her; new
or prcmised to marry Lewis Tobias; he
asksN her to mSrry him several weeks
before but she told him she did not
want him. Her testimony in relation
70 the ether transactions of tho even
ing corroboreed the State witness in
evsry particular.
Mr.. Pinnington was considerably
surprised ct the turn Affairs had taken
ana Mr.. Turner was pleased. The lat
Ter did not even oroSs examine the last
fitness.
Benjamin Walker Was called on re-
huttal apd testified that he saw Lewis
Gohias frs one shot and heard three
others
Mr.. Pennington then addressed the
Jury for about halt an hour but owing
10 the damaging evidence of lizzie
Truitt he did not succeed i'll making an
impression favorable 10 the prisoner.
Atl 40 P. NJ, the Court adjourned
until 3 o'clock in the afternoon.
.srvvNnnx .aDsaTnp
The Court re-asssmbled at ) O'Clock,
when Mr.. Turner briefly but forcibly
addressed the jury on behalf Of the
State.
Chief Justice Comsgys then deliver
ed brisf charge similar to the one de
liyered In the Daley-5immons case as
it rossmbled that case in many OF its
aspects. Hs said: SIN considering
this case, you have nothing TO do with
the complexion OF the prisoner. On ac.
count Of the great varianse oftsstimony,
the case IL narrowed down To the ques.
ton Of credibility. If you believe the
witnesses for the State yGu must lind
him gbilty; II those for the defense, you
must acQuit him. In Judging of their
truth, you mas, bs governed by their
appearance, aud the promptness and
apparent franknsss with which their
testimony w&s given. 1t is q fact,
however, tha. should DO duly consid-
cred, that q witness was prod by
tn. defense who son armed all the tes.
tirnony Of the prosecuting witnesses;
and that she was confiued in jail, 10
that she could not make up her testi-
mony Oh the basis of that which had
bean given before"
At $50 the Jury retired.
The case OF State VS.. William Roth
well indicted for receiving, concealing
and selling watch and chain the
properly OF Frank Thomas was called
and a jury..empanelod. When arraign-
ned he plead guilty OF selling the watch
but not of stealing it. The two small
boys O.car Gibbs and Frank Smith con-
eernsd in this case and for whom n0lle
prosequiss had been entered appeared
as witnesses. Isaiah Thomas testified
that hs lived in Wilmington, that
on the afternoon Of the 18th Of Febru-
ary he and his wife left the house clos
Cd up; saw the watch that was stolen
at the polics court six DAYS afterwards;
it as my SONS watch.
Frank Thomas testified to residing
with his father; Oh coming home from
" ork on the 18th Of February, on en-.
ter:ng the house at six o'clock he
found that the house had been rumaged;
went to his room, aud found that his
watch had been taken fromhis vest pock.
et: usually hung his vest over a chair;
had hung it there the night before;
next saw the watch at the police station
:he following Tuesday; recognized is as
my watch.
Frank Smith, called, cannot read; 10
not go to school; never went to Sunday
School; havs no father; mother lives
,vsr Market street bridge: she told me
hat il told q lie the good man would
not love me; believed what she told rue.
After answering these questions Frank
vas sworn, and testified hat Sugar"
lothweil gave a watch to the prisoner
It the bar to sell. He did not see him
teal it; was in another part Of Mr..
Thomas house.
Frank Smith was put through the
ame catalogue Of interrogatiyes and
vas then sworn. His testimony was
.bout the sams as that Of Oscar Gitbs.
Samuel RockAeimer, 22l Market
trset, testified to purchasing the watch
rom Rothwell for So. He questioned
i'm about it, but was assured it was all
light.
The case was submitted without
rgumsnt and the jury without leaving
he box rendered verdict of guilty.
The sentsnce of tbs court was tina!
he prisoner pay costs, three dollars
estitution money, stand one hour in ,
he pillory, be imprisoned three
Months, and wear a convict's jacket :
tx months thereafter. G
While Rothw we'll was being taken from 6
be dock to the prison hs gave vent 70 q
ia feeling in a Hood of tears aud said !
Just look what they've done to me tor
othing.'
At 4 o'clock the jury iu the Tobias :.
ase came in vita verdict of guilty. i
At 4 so the Grand Jury came down, =
,ported few bills, and were discharg- y
4 from any further attendance at the +
resent term, the court thapking them !
'r the services they had rendered. :,
.Frisby Lloyd, imprisoned for larceuy, !,
'as ordered to be discharged, 10 case y
av;Ss been frvnd against hin. :,
Lswis Tobias was bentoncsd 10 psyits
,e costs Of prosecution, a fne Of $500, :,
3 imprisoned two years, and on satugo =
ay next stand one hour in the pillory. .
John Henry, charged with stealing a
atch from Abraham Muylay, Oil April U
J, was arraigned md n!saisl no. +,
lilty. j.