The daily gazette., 1881-02-08
FIRST EDITION.
QUARTER SESSIONS.
RECORD OF THE FIRST DAY IN
THE NEW COURT HOUSE.
AFTERNOON PROCEEDINGS THE FIRST
JURY TRrAL--ooUNsELoR sHARPLEY
SUCCEEDS IN PUxzLINa A JURY.

noisily filed with o motely crowd OF
men and boys-white and black. The
attendance was as large az at the
morning opening.
The Grand Jury were called and re-
tired TO their chamber.
A jury was empanelled to try the
case Of Edward Bristow, q negro boy.
charged with the larceny Of a cali
from John G. Diehl, Of New Castle
Hundred, In July last. The jury was
the first drawn In the new Court
House, and was az follows : VIM. G.
Pryor, BENZ. w. Dunlap, Thomas ].
Houston, Philip p. Tyre, Abel Sayille
L. Glatts, Jas. Gray, A. w. Crossin.
F. 8. Duncan, Robt. Dillon, Allan @.
McElwee. ]. @. Phillips.
In this case L. @. Vandegrift, ESQ.
recently q student in Attorney Gener.
al Gray's Office. represented the state.
and was the first to have the honor OF
saying, MAY IL please the Court
Gentlemen Of the jury" In the new
Court room. In order 10 come In for
second honor, Harry Sharpley, ESQ,
volunteered to defend the prisoner.
Mr.. Diehl testified that the calf was
stolen from his stable on the night of
July 10th, and that he found IL la the
cattle pom of Lewis Lee, in Whining
ton, Q or 8 days later.
Frank Price, COL, Mr.. Diehl's farm
hand testified to the larceny of the
calf. and In response to Mr.. Sharpley's
cross Questio ming said the calf was Of
good size, and 1t would take three
men to carry 1t.
Alfred johnson, Wilmington
butcher, testified that two colorcd men
and boy (the latter being the priso.
ner) came to the slaughter house and
the men sold the calf to Lewis Lea.--
George T. Lutz corroborated this tes.
timony, and said that Bristow. the
prisoner, had nothing to say about
the transaction, all the business being
conducted by one of the men.
Lewis Lee testified to buying the
calf for ~ 10 and paying one Of the
men, who he afterwards saw giving
sOme Of the money to the other two.
The State here closed and The defense
having no witnesses Counsellor Sharpley
proceeded 70 argue for his client, claim
Ing that none Of the proof connected
Bristow with the stealing or selling OF
the calf.
Mr.. vAnderErift, for the State, re-
viewed the testimony aud claimed that II
fully established the prisoner connec-
ton with the selling Of the calf.
Chef Justice CoDegys delivered q
brief charge, and at A:35 the jury retired.
Frank Davis, COL, was next arraiRned
for the larceny Of mare from Sylvester
Downs, VIM. T. Lyman, Esq, who was
admitted at the last term Of Court, repre-.
sented the State.
Sylvester Downs testified that the
mare was stolen and found near. Davis
house, Constable Wingato testified TO
arrestiDg the prisoner.
No felonlous intent being proved,
Davis having taken the horse simply To
ride home, the jury, by direction Of the
Court, acquitted the prisoner, without
leaving the box. Davis was discharged,
the Chief Justice advising him not TO
ride home on other peoples horses any
more. Davis was the first man acquitted
In the new Court House.
Benz. Nields, ESQ, applied for con-
issuance Of the case against Philip P.
Lyre, on . charge Of rejecting voter
at the polls Of the Seventh Ward, east
precinct, last November, on the ground,
that time was required 10 examine In
to the law bearing upon the case, II
being alleged that the man whose vote
was rejected was . deseIter from the
United States army, and that the U. s.
81 Atutss disqualified deserter for vOl-
Ing.
Attorney General Gray objected, de-
claring that the statutes Of the United
States could not prescribe qualifications
for votes in Delaware. The motion for
q continuance was refused.
Mr.. Lyre, the accused, 10 o member OF
the present general Jury.
At 6. Is o'clock the general Jury, ex-
eepting those out on Edw. Bristow's
ease, were discharged until 10 O'Clock
10 morrow morning.
No other business was transacted, and
the court idly awaited the return OF the
jury in Edarwd Bdstow's case.
TUESDAY MORNINGS SESSION.
Court reassembled at 10 O'Clock, this
morning, with the Bristow ju y still
out.
When the doors were opened the
crowd came pouring In with less vio-
lence and in less numbers than at yes
terday's opening. The door keepers
made an effort to keep the negroes on
the south side of the room, and sue
ceeded tolerably well.
The jury rolls were called and the
members Of the Grand Jury retired to
their chamber.
As some persons were standing up
around the room while some of the
seats were vacant the Chief Justice
ordered them TO be seated, and made
it an order of the Court that no per-
sons be allowed to stand up while |
there were any vacant seats.
The Bristow jury came down into
Court At 10 10 o'clock, after being up
all night, and reported an inability TO
agree, with not prospect of arriving at
an agreement. The jury stood eleven
for conviction and enc for acquit-
tai.
The Court discharged them until
IL 30 o'clock.
The prisoner, Bristow, was then
brought into Court and discharged,
the Attorney General stating that he
did not desire to try the case again.