Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-02-10

which could only rest on the death OF the
wife before the husband.
AS the decision of the Court settled this
very interesting and important question of
| law the Attorney General asked the Jury
to acqrit Inc defendant rs it appeared he
had not voted with aIy desire TO violate
the law. He said he had drawn the in
dctnient merely TO test the question II
ltw and with 10 desire to ronvod the
defendant
a verdict Of aeqait;s' WIS Ocrordinpiy
ordered.
}. ". fuuiM1Io r,,s AreigIed for tn
liiceny OF some iuraiInre from Drake d
Go tito prisoner plead mot entity"
Robinson Jenkins, COZ =, pleaded Rgilty
10 al indictment for stealing watch ana
pair Of shoes from Eugene Briggs. He also
pleaded guilty to another Indictment for
stealing 26 muskrst skins, ~orth 10 cents
Il piece, propafsy of Robert Briggs.
Henry McGreger was arrsigned for the
larceny Of some glasOiI's tools from
William SCOUT Tbs prisoner pleaded
mot guilty"
Frank g. Martha WAS arrsigned for the
larceny of a buffalo role from Harlan
Cause. Nardegrft for the State and
Slarpiry ~ Pennington for defense.
Is Chiiis was ,be first witness called
| He iesiiiad thar no is Il clerk for r. Hsr-
iau Gause saw the rob7 in his carriage
the morning he drove down to the store.
IL was not there few minutes afterwards
Mr.. Gaugs sert him in search of it he
recovered it few days afterwards at
police headquarters.
Charles Walls testified that the prisoner
sold him the robe; that, thinking there
was something wrong, lie mentioned it 10
| Officer Jones.
Sergeant Dolan testified to having
arrested the prisoner.
The jury found verdict of Guilty"
Robinson jenkins, colcred. was SEN
fenced by the Court 10 pny the costs, to
pay Eugene Briggs 80 10 be imprisoned
for three months. ard on Saturday next be
whipped with 10 lashes.
On the second indictment the Court
sentenced Jenkins to pay the costs, to pay
Robert Briggs 81 60; that he he impris-
oned for two months, and on next Satur-
day be whipped with 10 lssbes.
Frank b. Martin was sentenced to pay
costs, 10 pay Mr.. Gauze SO, and on next
Saturday be whipped with 20 ishes and
be- imprisoned for three months.
Charles Duffy was arraigued for stealing
|
mercy of the Court.
At O'Clock court adjourned until ~.
AFTERNOON SEES ION
Court reassembed at 3 O'Clock.
STATE Va Phillimore was called for trial.
The defendant hai been Indicted with
Charles Duffy for tue lstocpy OF furniture
from Drake u Go.
George D,akp testified that be owned
the furniture st0ien that he did not miss
it until rel dtis after taktn, that he
recovered 1t IL phi'ai phia at tbs depot,
and identified IN as this same furniture
stolen from him.
Officer Thomas testified that be saw the
prlsonts aud Duffy removing tho furniture
from Drtse u Co. 8 ware rooms about
or O'Clock Mt night. KHew Duffy per
lona!ly, and talked 10 him at the time
| Duffy Eaid he worked for Mr.. Drake, and
| the latter wanted the furniture sent off
aud he would not have time tomorrow to
do il. He afterwards sew the men ut the
depot trying to ship the furniture to Phil
adrlpNla 10y the through express, which
aroused hrs suspicious, aud he reported
the circumstance to his sergeant. They
| took the turAiture to the depot in a push
cart, and both were engaged in getting it
| tn, re.
Chief Of Police Maxwell testified to
| having, through the assistance of Detective
Levy, Of PbiAd lpbia found the property
| 1t the Baltimore depot, directed to Charles
II. Duffy. He resnipped it to Drake
& Co.
| This completed the testimony for the
| prosecution, and Mr.. Biggs, VINO repre-
med the prisoner. called Phillimore's
s0mrade. Charles u. Duffy, TO the stand,
| who testified TO having hired Phillimore
10 assist nun in getting the furniture to
the del pot, and that he Phillimore knew
nothing OF the larceny, but supposed it all
right.
Gross ex8uiaatiou-Dufiy said he told
| hr Chief thit Phiiimore got him drunk
lnd prr-uAd"d lin TO steal the goods, but
bat the Chief had been lying to him, SO
| he in this instance Ii, d to ths Chief
| BTh counsel nlgde able addresses to the
| jury which after the Juige's charge,
roiir, d a. 1 II p IL.
James d,nan was arraigned for the
rcehy Of c pair af shoes from Fran k
Rhenuy aud pipadd not guilty"
William Benton, coidred, put in a like
plea when nrrsigpei for ths larceny If
some cart hG-ups4 from David Murphy
His witnesses being absent, his trial was
postponed for the liGle beng.
State w. MEG -rear, larceny of mason
onls from William Scout, wGs called for
trial Harry Sltrpiey, Ed, fog thu
Stale, j. l.. Nalsud CHAM, Ed, Tor It's
defendant
Mr Scout testified ns to his ownership
n' the Tools, his loss and the subse qucut
recnvery at the house of q MIR Smith on
Fourth street.
Inc case was here interrupted by the
entrance of the grand jury, and the petit
jury il State Is. Phllimore. The former
nuuded in the bills they had found and
we're tisGnsrged until 10 o'clock to-day
Che peur Jury returned verdict OF
guilty ngpine Phiimola.
State vs. MeGergur was renewed. vii.
liam knienhousv t. stihrd that be Lad lost
,cu'7 u. about the same time, was on The
| nll for theul g.i cana across william
s'rnni's, OF which fea; ne no fled Scout.
Moses Smi awOrn--keep a second
hnuu ttore; 1 bought the tools in question
from he priaoner GU Thanksgiving day
lust Mr. ht;tephouse came in looking for
his own tools, noticed these ard said they
were William Scouts the latter gentleman
afterwards cane IN and claimed md re :
ctived them. This was the States last
witness.
j. l.. Vallaud CHAM, ESQ.,. laid before
the jury his line of defense. Offiaer
Members was called, said he arrested The
prisoUer and was told by him tnat he had
uo objection to going along il it was for
larceny OF Masou's tools hs was arrested,
rs he had not done it Inst another IN IN
b .d gwen him the tUoia to sell.
Ihp prosecuting attorney hgving waivet.
his opening Mr. Nalleuitgham addfC $3.50
the jury IN his clients behalf.
Mr. ShaIpley followed i'll a IL minute
speech,
The jury was charged aud retired al
. 40
Charles II. Duffy and John W. Phiili-
more wcre each sentenced to the same
penalty, except that Duffy, in oonsidera.
iiua of having confessed, il 10 get only IL
lasheB, Instead of ~. They are to pay
tn. costs Of the suit, $3.50 restitution
money to Drake Il 90, be imprisoned
three months and on next Sa urday to be
whipped, sud wear cJnvicl's .cket for
5S moutns after their rs ense.
William O. q ,lhria.indlete6 for criminal
assault upou ii il ;le girl, Anhie B David.
son, Was arraiGued Charles u. Lt re and
Harry Shorpley, EsqS, are Guthrie's
GCuAsl They aopn. d to the Court tc
hsvs the case postponed until Thursday
mex, viii H. upon the consent Of Attorney
titutral Gray, was grnted ny tue Court
Dnne the Cessation Vi business, while
die tlour. wi.s aGi.liug the jury in TIM