Daily Republican., 1881-12-22
COUNTY COURT.
LARCENY CASES DISPOSED OF
AND SENTENCES IMPOSED.
The Harrlgan Case Argument for
. New Trial-H0W tho Jury
Spent the Time At Night,
''Seven Up" and Whtskey
Straight.

New Trial-H0W tho Jury
Spent the Time At Night,
s'Seven Up" and Wbfskey
Straight.
Isaac Hayden, who was convicted of tn,
larceny Of leather, was sentenced 10 pay Lht
costs of prosecution and n Saturday next Il
receive twenty lashes and urdersO an iD
prIsonment OF six months aud wear conyiat's
Jacket for Fix mOn.hs.
viii IAN McGraw, John Craven and Johr
McClosk y. III, three boys convicted Of tho
larceny Of s21 from Lawrence Messick, were
each sentenced 20 receive ten lashes, be i'm
prlsoned tn zee months and wear Il convct's
jack ket for three months AMI pay the costs OF
pros cnti0n.
The Jury in the case OF Shadrach Tn ty
cOOred, charged with the larceny Uf a wa cl
iiom Joseph Whelsn, having returned n yer
dict Of gdilty," the Court sentenced him to
pay t e costs OF the prosecution, $50 rest.u
ton money, on saturday next to receive 70
ashes, and to De iMprlsOneds months.
Arthur CraiI, who was indicted for bar.
pllry committed sometime since at Second
ind Tatnall street, plead guilty and Wa.
sentenced to pay the costs of prosecution, on
next Saturday TO stand for one hour in the
pillory to receive twenty lashes and undergo
Ill I'M prlSOE Ill snI Ol OHe y dr.
The Court the n said they were ready to hear
the arsumt mt for new trial in The aarligan
case, and Mr.. Lore, one OF the cou sci for the
defence, read the reasons why II new trial
sht uld he era lt.d Che alleged reasons are
the sams as were published IN the REPuRLf-
GAN few Gays since Mr.. Lore said that
they were prepared to prove by officers of the
Court q I'd others that the reasons as lied are
true Mr. Bird, also for the de once, tLen
al ; hn IA m ipn ~ u
Jacob Deakyae, sworn and testified that
durins the liafrigan trial sc was n Da lin,
and had charge Of The Jury; that he allowed
them to 70 into the court room, and IN fact
any where they wanted to go on the second
floor; did not know that he was violating any
rules ia 80 doing; the second mo ming that
they were out he went home about l O'Clock
and left the jury asleep; the door Of the jury
room was ual"cked, but Mr. Frazer, the O.her
bailih was in bed in an adI0ining room: the
wi ness went home because he was tired and
needed rest and returned 10 the C,urt.hOuse
about daylight In the morning. He could
nos say ON his .alh that he discussed the
Neal caao with the II rrgan jury; did not
rocslleat whether they talked about That case
or no.
Ho went home again on the next tws nights
and lef; MIR. Frazer in charge of the jury
Mr.. Frazer would generally lay dO"n be-
tween niLe and ten O'Clock in the eveDinx,
and the witness would 20 hoI.e about one or
twu in the morning. one morning WHOM ha
return cd hu found twD OF the Jurors down in
tho Grand Jury room, washing themselves, at
that time Mr.. Frazer was UP STAIRS re
witness Vas under the Impression that the
jur rs mad the privilege Of going anywhere
they pleased On tie second floor; he had
seen them in tho Court room but did not see
any OF them reading any CT the law books.
Thomas f azer testiiie i, that during the
Harrigan trial he was ono Of the baihts in
cnarg, of the Jury, and when Mr.. DoakyDe
went home the witness wou.d % over in the
Iury room, and If lie found hem asleep he
would lay down himself The witness never
saw tho jurors have any intoxicating
liquors
Thomas Smith upon being sworn tes-
titled that he is a crier OF the Court he
saw a Juror at one time sitting in the
Chief JUSTICES chair reading an Every
Evening, and at another time saw
juryman reading a Morning
News in the Grand jury room; he wit
ness told him that he should not read
the Wilmington papers aud took 1t from
him. He had seen several OF the Ju-
rors in the court room and even III the
ladies' room early i'll he morning
while he was CleaLinS up; there wele
persOns in the room who were not u
rors nor had no connection with lhe
Court; one of the jurors commenced To
III k to the witness about the case but
he refused to have an!thing to say In
the matter. The witness COnsld red
himself empowered by the Court TO act
as bailitf'
John NJ. Enos testified that he is a
watchman at the Court House; lie said
he did not know that he had talked to
any Of the Jurors except MI. ieyboid.
Frank EnuS testified hat lie IS a son
of the p,tvious witness; he had played
cards nirh the juror one ElShr while
they were cut lor about twenty Mln-
utts.
ls,ac Pyle sHore that he is the pro
prie,or OF the Lafayette Hotel; furnish
. the meals TO the jury; the meals Were
packed in baskets ready to be set out
IN the table. He never made any charge
TOR liquor or segar and could not say
positively how nLn; times he furnish
I'd liquor but be thought that be nae
sent a half-p mt waiskcy boltle tilied
with whiskey abou, four times; he had
never sent it unless requested TO do so.
William Thompson, colored, testified
hat ne is employed by Mr.. Pyle, and
carried the Baskets containing the
meals to the jurors
Mr.. Bird asked permission Of the
Court 20 call some Of the jurors TO the
witness :, and, and said that while he
xnew it was contrary to the ruling OF
he Court to allow d jury to impeach it.
elf i'll in . case where human life is
involved lie thought that the Court
,hould ovcrstep tlese bounds anl al
ow them to be pl. ed on the s'aud. He
,aid that if he were allowed to put the
urors on the stand l. would prove that
hey discussed matters that were rot
,tlered in evidence, $ 2h as the pre-.
;ious bad characte: ofJne prisoner, and
hat there things conbiued with the
rec access which hey had to the Will
nngton papers had influenced them
IN rendering their verdict.
The Court decided that the Jurors
,ould not be called as witnesses, Judge
Wooten sayils < that he had been thirty
our years on the bench aud had nevcl
.uown o. such thing being done, SO
le thought that it would be unwise and
II judicious to ask jury to pass upon
heir own result, and did not think it
,ould be done in either u criminal or a
,ivi case.
Flevcher f Cooper testified that du.
ing the Harrigan trial he saw and con-
yefsed with one Of the jurors named
3ouiamin G. Collins; he saw tue juror
N the front portico of the Court House,
by bailitl; the witness
,new that some words passed between
himself and the juror but he could not
ccoliect what had been said, OF what
lay 1t was when he saw him.
The evidence closed with this wit
less, and at o'clock MIR. Lore opened
his argument.
He Iommanced by citing a number
# authorities to show that if the jurors
re allowed to leave tho jury room, I'M
ttended by an officer, or iftnoy should
ak with any person except bailitf,
hat the trill is rendered valid, and the
hep,isoner is entitled to new trial.
He had not concluded his argument
yhen the Court adjourned shortly after