Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-05-19

-FOUR
Mr.. Pearson testified that Cunning
then cursed Vallette, telling him that he.
was no fighter, &c. Cunning said he was
unable to recollect anythingof this. Mr..
Pearson went down stairs at this juncture
and when he came up Vallette had Gun
Illng down ON the floor and was striking
him with his first. Pearson went TO Val
lette and told him to let Cunning up.Val-
lette at once did so, went out into the
yard and washed himself and then left
the hotel.
Cunning recollected nothing except
that he was knocked senseless by Vallette
and that he remained unconscious most
OF the time until the next day. His face
was badly battered and even now bears
several marks of the beating he received.
The defense called witnesses to prove
that Cunning is OF a quarrelsome DISPOSE
ton and that he had on previous occa-
sions uttered threats against valette.
Vallette is a baker and Cunning a
workman in the Tasker iron mills.
Owing to Cummings condition from excess
sive use OF liquor, erysipelas of the face
followed the beating and for short time
his condition was perilous.
After argument by counsel the Chief
Justice charged the jury, again laying
down the law of self deiensc-that when
man il attacked and cannot escape he
has right to defend himself and diSarm
his assailant, but if he can avoid his
assailant he is bound to do SO, aa he has
his remedy under the law.
Verdict guilty"
The trial of the three little darkeys,
Dennis Lewis, John Manlove and William
Sess, for the breaking into the store OF
George w. Gray, at Second and King
streets, and stealing some cigars, tobacco,
sugar and cakes, was then taken up,
being the last cases, capital case excepted,
on the criminal calendar. William r.
Lyman for State; Thomas Davis for
defense.
One of the prisoners was arrested for
vagrancy the day following the robbery,
the others were arrested a day or two
afterwards, one of them for breaking into
Esquire Brady's office. Sess made full
confession to Chief Maxwell and Sergeant
Jones, duplicating his comrades.
James Sweeney plead guilty to selling
liquor without a license in seven cases
and was sentenced to pay $50 in each
case.
The jury in the case of Sess, Lewis and
| ManlOde brought in verdict of guilty
| and the defendants were sentenced to pay
| $4o.5O restitution money and costs OI
| prosecution and each to stand one houI
in the pillory, receive ~ lashes and b.
| imprisoned for six months.
The general jury was discharged until
| Monday at 10 o'clock.
Guthrie was brought i'll and sentenced
| to pay a fine of $3.50 and costs of prosecu
ton, on Saturday, the 2lst instant, It
stand one hour in the pillory, and receive
30 lashes, and be imprisoned for five
years thereafter.
Court then adjourned until 10 O'Clock
| Monday morning.
The Superior lCourt met on Monday
and the Court of Oyer and Termner wa
also opened.
| One hour and a-half was taken up il
running over the trial list, to see wha
should be done with the various cases
Out of 222 cases on the docket, only q
were marked for trial at this term.
Of the other 20l number of then
were settled, some referred, other.
passed by for the present with a view t,
settlement, while the great bulk of then
| were continued.
The cases of the Delaware State Fir
and Marine Insurance Company VS.. Every
Evening Publishing Company, Croasdal,
VS.. Vernon and Croasdale vs.. johnson
were continued.
The argument list for this term con
tains 81 cases, q of which are divorc,
cases. of these, no disposition has a.
yet been made.
As soon as the trial and argument lis
had been gone over. the Bench ordered
that Morris Carberry be brought in an,
arraigned. Considering that it was gen
orally expected that this would tax,
place this morning, there was yer.
small crowd in attendance.
Messrs Lore and Bates, the prisoners
counsel, applied to the Court for con
tinuance Of the case until the Septembe
term. Their grounds for continuanc
were because they had not and could no
have time to prepare for defense at thi
term, the act having only taken place OF
the 10Th of last month, and the preva
lence of smallpox in the district iron
which the witnesses must come. III
Attorney General opposed the motion ia
a continuance because he could not Sc
that the prisoners COUNSEL had laid an
legal grounds showing why continuanc
should be granted.
All through the argument of this mC
ton the prisoner sat motionless, lookin
much cast down. When arraigned la
demeanor was that of man in dee
trouble over the circumstances that ha
brought him before the bar of the coul
on trial for his life. His whole appea
ance was such as to appeal to the syn
3 pathy of those who surrounded him.
The Court held their decision upo
the motion for continuance unit
I afternoon, in order that they might col
fer with Judge Wootten as to whether
not they should grant it.
/. The committee appointed to examii
. Walter Bacon, Esq, reported favorab
upon his examination, and he was, up'
the motion of J. II. lloffecker, Esd, a
nitted.
John Cubbage was arraigned for Il
II burning of the house of David Stats
= Blackbi hundred on the 9Th of Ma
e Cubbage is small negro boy who won
= weigh about S. pounds, his head hard
IS reaching above the front side of the pr
oner's dock.
II. R. Pennington, Esq, was appoint
10 to defend him.
e Court reassembled Monday afterno
s. at o'clock.
sc Tina case of Moreland VS.. Every Eve
Ie ing Publishing Company was taken Il
II. r. Pennington, Esq, for defenda
y below appellant, Austin Harrington, Es'
y for the Every Evening Publishing Co
1T pany. The Court instructed the jury
find verdict for $1,000 and costs for t
10 company.
'e In Fow VS.. Silver, judgment was Civ
for the respondent.
N The case Ct Jesse X. Holten vs.. She
er Pyle was continued on account of
amended plea the defendants counsel Ii
er obtained leave to file at the opening
he Court yesterday morning. There bel
lie no further business ready for the Coz
to-day il adjourned at 4.10 until Tuesd
morning.
IN The Superior Court met Tuesday mo
or ing at 10 o'clock.
as Williamson VS.. Neary was the first G.
IS, called for trial. A jury was drawn n
as sworn and Joshua Maris, ESD, opened
n case for Williamson. 1t was an action
IL r.pleyin. William G. Whiteley, rs
TIL appeared for the defendant.
There was witness in this case fr
mt Philadelphia. When the Prothonot'
re went to take his mileage, he asked !
nd Whitley what number of miles to ale
OF The Colonel said II miles, to the st
line. ne.
ef .sBut," said the Parliamentary, sit
OF IL from New Castle"
re- $50 it was" said the Colonel lit