The daily gazette., 1881-09-23
SEPTEMBER COURT.

Balance Of this Mornings Proceed.
ings-The Status OF Nealh Case
Defined-A Larceny Trial, sae,
Specially reported for the GAzxrrx.
State VS.. Nathan DENLY, COL, for
the larceny Of one pair Of pants from
Geo. w. Clark, son Of Sheriff Clark's
son. Austin Harrington, ESQ.,, for
the State, Thos. DAVIS. Esq, for the
defense. Tho robbery was committed
at Christiana village on Sept. 10th,
where Denby stole this pants from Mr..
Clark's carriage. When the loss was
discovered Mr.. Clark followed Denby
to his home at Bear Station and re-
covered the stolen property. Denby
admitted the theft aud offered to pay
for the pants IL he was not prosecu.
ted.
These facts were testified to by Mr..
Clark, and Geo. Marshall, of Chris
tiana, eaid he saw DENLY pull a bundle
out of Clark's carriage aud slip 1t un-
der his coat.
For the defense Mr.. Davis called
County Treasurer Wm. Herbert, who
said that DENLY lived with him for
month and six weeks and did not act
like man with sound mind, on which
account he discharged him. Iftold to
cut wood he would be apt to cut grass
or some other work different from
VIII It he was told. Several times he
stopped work and went into the paiIor
and commenced to play the piano, say
M Ia tod IN. Iaa
ing to get married and buy plano for
his wife.
The Point raised by the defense was
argued by counsel, ana the Court said
the legalpresumption was that every
man was sane enough to know right
from wrong, but this presumption is
capable Of being rebutted with proof
of insanity. The jury, to convict,
must be satisfied beyond a reasonable
doubt of the prisoners sanity.
The jury were evidently so satisfied
a. without leaving the box they re-
turned verdict Of guilty" Denby
was sentenced TO pay S1s restitution
money aud costs, DO whipped with
twenty lashes, be imprisoned six
months and wear a convicts jacket six
months after release.
The Neal case came up in a discus
sion between Mr.. Higgins and Attor-
ney General Gray. The order of the
Supreme Court was that the Judgment
OF the lower court set aside, the indict-
ment- quashed, and also the order
denying the motion of Meals counsel
70 quash the jury panels by reason OF
the exclusion therefrom of colored
men. The Court, therefore, held that
all subsequent proceedings in this case
were set aside, and that Neal was in
the position of man accused of crime
and awaiting indictment and trial.
Neal will therefore be presented to the
present Grand Jury for Indictment,
and If indicted tried at this term OF
Court.
In view of this opinion the members
OF the last years Levy Court, who had
been summoned by Mr.. Higgins with a
view to examining them as TO whether
or not they had excluded the names OF
negroes from the jury lisls by reason OF
their race or color, were discharged from
further attendance.
The Grand Jury came down at 1920
O'CLOCK Win several true bills and were
discharged until 8 o'clock, this after
noon.
State vs.. Patrick Sullivan, for assault
and battery on Mrs. Bridget Fraley, OF
Iron Hill. near Newark. l.. q. vande.
grin, E'q., for State, aud J. l.. Valland-
ighan, Esq, for the defense.
Mrs. Frsley testified that she drove
Sullivan's ssHws out OF her wheat field,
and a few minutes after he came down
the road, with stone IN his right hand
and stone in the other. He struck her
over the head with stick aud then seiz.
Ing her by the shoulders showed her
down In ditch, against stu mp, bruis-
ing her shoulder, aud side. While she
was down he hit her OH the ear with his
nst, whereupon she cried "murder,n and
Sullivan let her up. Mrs. Fraley then
went home. She also said one of her
fingers was SO badly bruised that she
was still unable to close 1t. The assault
was committed last May.
With this case still under eonsidefa-
tion Court adjourned until three O'Clock
this aftarnnon