The daily gazette., 1881-02-09
Fre,n xssserday's Lass Bsstsen
Quarter Sessions.

| paw W tht WIG gives lnt ueIenuaut no
right 10 vote. The only interest hus-
band has la the real estate oil his wife Is
dependent upon his survival OF her. He
has no freehold right in IL and no mau
can vote on tax paid upon land in which
he has no freehold right. No cont IL
gent right can give party freehold in
! terest la property until contingent
| actually occurs.
| Having gained this decision the State
announced that IT, was not desired To
press the case to al acquitt ], aud by di-
rection OF the Court the Jury gave a
verdict OF "not guilty.
The grounds on which the charge OF
illegal voting was based was that Butler
mad voted without having paid county
tax within two years.
Dennis Gallagher, who was Inspector
OF the election, testified that Cloud Bat-
ler came 10 the polls TO vote aud he took
his ballot, supposlng him to be- proper
ty-owner, with perfect right 10 vote.
Butler presented q tax receipt, which
the Assis' ant Inspector, Wm. ii. Quinn,
opened and found TO be receipt ia the
name Of Buffers wife.
bhe defense, on cross-examinatiop,
attempted TO show that The eleet.on was
not held in the Fehon nouse, out Ia the
house adjoining, on Walnut street. The
witness said the whole p opeity was
considered the FELTON, House.
VIM. ii. Quinn, Assistant Inspector,
corroborated Gallagher's testimony, aud
said that Buffers receipt was IA the
Dame OF bis wife, Margaret Butler.
fbe defense here admitted that the
vote was cast and that the mau was not
assessed.
Austin Harrington, ESQ.,, then al
dressed the CUur, aud qloted "A case
from Houston, where IL was decided
that when father died possessed Of
real estate, without a viii, aAd the
county count, tax tax. T. I. Paif aSTpis sons or heirs
utied =. the sons IL hal But
~ vote. He claimed l.. q
ler's case was analogous to this, aiN.
therefore there was no Illegal intent on
his par. In casting the vote.
Af. Bigg, quoted the clause Of the
Constitution Of the SLa'e prescribing
the payment Of county tax as pre-
Itq is te for voting.
A. ognuy-General Gray argued that |
the facts In this case were that the |
property was owned by the life in fee
simple and therefore 1t could not be |
predicted upon this that the husband |
had paid tax upon 1t. II the vile |
was dead It would be- different, but here |
the wife was living, aud the husband |
was simply the tenant by the courtesy
initiate.
Mr. Harrington raised the point that
as the wife could hot part With her
property without his consent, was he
not justified In believing he had a right
10 vote upon the payment by her OF a
tax upon the property.
The reason assigned by the State tor
not pressing he case beyond judicial
decision was that Butler is not exactly
sound ia mind. The defeuse were pre-
pared TO establish this fact by proof.
The following parties were arraigned:
John w. FILLMORE, on a charge Of the
larceny, in company with Charles ii
Duffy, Of one sofa and SIX ch irs, from
the auction rooms Of Drake x Co., OF
East Fourth street. lie pleaded "not
guilty"
Robinson jenkins, col, for the larceny
OF watch, worth 81 and pair Of shoes
from Eugene Briggs, OF New Castle Hid.
He pleaded guilty. The court questioned
him as 10 whether he knew what plead
lug gu lly meant, aud asked him II lie
stole the articles. Eyes, sir" replied
the prisoner. lie also pleaded guilty
| 10 stealing 70 muskrat skins from Rob
ert Briggs.
Henry McGregor, for the larceny, Of
two tro 4 els, hammer aud one pinmb-
bob, from " III. Stout, of Wilmington,
pleaded "not guilty..
Frank B. Martin, for the larceny Of a
buffalo robe from Harlan Cause, Of
Wilmington, pleaded 'not gully"
A jury was drAwa 10 try Martin, l..
q. Vandergrift, Esq, represented the
State, aud Harry Sharpley, ESQ voiun-
teered Tor the defeLse.
1t was positively proved that Harlan
Cause lost the robe, aud the prisoner
sold IL to Chas. ltalie, Front aud Marke'
street, where il was recovered by tie
police.
The case was clear one, but Mr.
Sharpley raised the point that the robe
had not been fully proved TO be thu
property of Harlan Cause, the eyidene,
on this point being gwen by Mr.
Causes clerk, Robert Chillis. Mos
Of the jury were ready TO rendera yer
: dict OF guilty without leaving the box
| but two or three hung on the doub
/ thrown out by Mr.. sharpley, and the!
retired for consultation.
Robinson Jenkins, col, who plead
D ed gnilty TO larceny In Two cases, Il
IS noticed above was sentenced to pay
IS tine of $40 aud costs, three month
a imprisonment and ten lashes in til
/. first case, and - go, three mouths AN
g ten lashes in the other.
" Chas. IL. Duffy, arraigned wit
: John Fillmore, for the larceny of
sofa aud chairs from Drake & Co
was arraigned and pleaded guilty. II
asked tine mercy Of the Courl.
After about tive minutes abseDs &c Ii
IN jury in Frank b. Martins case can
" down with verdict OF "gnil y"
The general jury were then dis
~ charged until three o'clock this sfte
NJ noon.
Frank Martin was sentenced to ps
ay $40 restitution money and costs,
or Saturday next be whipped with TIVE
ne ty lashes, be imprisoned three mont
and wear cOLViers jacket six mont
mt alter release.
ne Court then, at one O'Clock, a.
srs iourned until three o'clock this afla
Ia noon.
er. THE NEW RAILWAY.