The daily gazette., 1881-05-17
vr.n Yesterday. IAs. nAa....
TIME MAY TERM.

Superior Ceurt Business started
Upen-Carberry Arraigned.
The Superior Court, Court Of Gen.
eral Sessions and Court Of Oyer and
Terminer, opened ct 10 O'Clock Mon
day morning.
John M. Vallette, Of New Castle,
onvicted ON Friday Of assault and bat
tory on Patrick Cunning, was fined
$50 and costs.
The trial list was then gone over,
and Of the 239 cases, only 30 were
marked for trial, Al were announced as
discontinued, settled or ready to be
settled, while most Of the balance were
continued, some being passed for The
present.
The argument list contained the fol-
lowing divorce applications
Joseph Il. Canary %. Mary Emma
Canary.
Sam'l L. Rogers %. Sarah Rogers.
Melissa T. Updite %. James Updite.
Mary K. Berry %. VIM. Berry.
Elizabeth Douglas %. James Doug.
las.
John A. Parker %. Julia Parker.
Jane K. Kelley Vs. Henry N. Kelley.
Margaret e. Roberts %. Augustin 8.
Roberts.
Robert Baxter %. Mary M. Baxter.
Henry Daum %. Lima Daum.
Emma Watson o. John K. Watson.
Mary A. Lungren %. John T. Lun-
gren.
Rene J. Fourgeray %. Sarah F.
Fourgeray.
SalIie Lewis -. Joshua 8. Lewis.
Esther A. Foy %. Thomas Foy.
ella Blakely ss. Thomas Blakely.
VIM. II. Pugh 70. Mary j. Pugh.
Charles L. Crippen %. sarah E.
Crippen.
Al 11.45 O'Clock, Morris Carberry, in
custody for shooting and killing Sam'l
H. Adams, col, on April 29th, in South
Wilmington, was brought into Court
and arraigned. Carberry looked quite
pale, and his face bore an anxious,
careworn expression.
The indictment was quite lengthy,
being in three counts. The first count
charged murder Of the first degree, by
reason Of the shooting; the second
count charged murder OF the first de
gree By reason of the blows inflicted on
Adams BY Carberry Immediately after
the shooting, the third count charged
murder Of the first degree by reason
OF the shooting and the blows com
bined.
Carberry pleaded ''not guilty." and
being asked the question, "How will
you be tried 2" replied "By my God
and my country" in . low but i'm
pressiVe tone.
Charles B. Lore, Esq, counsel fol
Carberry, then addressed the Court in
an application for Q continuance OF
the trial until September.
His grounds were, LIST. That he had
thus Ear, had very little time for consul
tation with his client; and I'd. That the
trial would draw such large and pro
miscuous crowd from all parts Of tie
city, thar there would be great danger
Of spreading the smallpox, which nov
prevails here 70 . considerable extent.
Attorney General Gray opposed con
tinuance, claiming that the counsel ha,
ample time TOR consultation with theI
client. He did not apprehend that ther
would be much danger Of the trial helr
ing 70 spread the smallpox.
George II. Bates, Esq, who is associs
ted with Mr.. Lore In Carberry's defense
also addressed the Court In favor Of
continuance.
The Court held the matter under I'D
Visement.
On melton Of J. II. Hofecker, Jr
Rsq., Walter Bacon, having passed sal
isiactory examination, was duly admit
tea to the bar.
John Cubbage, from Blackbird Hd.,
little negro boy apparently not qui,
twelve years old and Of such slight bull
"a not 70 weigh more than fifty pount
was srraigned on charge Of arson. Th
offsnse consisted Of setting fire to Il
dwelling house ofDaid Staate, Of Blac
bird, on the night May 9th, which vi
thereby destroyed. He was also q
raigned for setting fire TO an outhou
belonging TO Mr.. Staats.,, To both cha
ges he pleaded guilty.
A. the arson Of dwelling house
night ID . capitol ofFense, the Court Q
p signed 81. r. Pennington, Esq, to defer
b the prisoner.