Daily Republican., 1881-09-23
FIFTH edition
oUR COUNTY court

Case Continues r,,,,
the November Teru.-or,...a
Roses Case Postponed un,,,
day Mediterranean In m. ,aes
Case. Hal
CourGmet perscant to adiournu
o o'clock this morning. The lsa' ca,s
state VS.. Oliver Cruthtield. inSis. vSse \
or larceny, continued from vas,tet mulGtet|
vas called, when the attornerv rv'seluay se
state, stated that he did NOT on ,or Y
he evidence sufficient for conyin,i rUn,io,
md asked the Court to instruct ths u0ila 10
o render a verdict of not guiltv '"s ' (ql
vas accordingly done. The CE,,,s "Ic
ice then said "Oliver CrutLaa', jug
.re liberty to 60 where you nle,,a % Eo'
lon't come back here again ''' p" D Ua'
loor of the dock was opened md is
prisoner took his departure 'Au LOO
Charles B. Lore, Esq. presents, :,
supplementary affidavit of Jerry H,. us
gan, in which is stated the fsct lam At
very effort has been made to ssc,,, , 'aa'
attendance of his witnesses but ,i,bs ,I 100
wall, The court granted the mos" m1va'
If Harrigan's counsel, and contpa.a p','a
lis case until next November Au'
At 1913 Orlando Rose ;ndic,o, ,
he murder of Peter Gallowav4 n .oi
brought into court. "@
States Attorney Gray objected n ~.
nencing the case to-day, unless bs W wa W.
'ure that it could be concluded bv ,s "a
night. The prisoners ca9r,"' W
was anxious that the trial should 'n's n's
'eed to-day, but the Court said tb,ii III ir y.
here would be an adjournmeDT, A. "vs
it would be too hard on 'Ia ,Hs
urors to keep them here so long and tu' n,
Tered that the tlial be POSTPONED nrsr
Tuesday morning, at 10 o'clock "
State VS.. Nathan DENNY, colored I,
iicted for the larceny of a pair Of n,n
.aloons valued at s., the p,opertrv v N
ieorge w. Clark. Austin Harrlnc,o'
Esq, for the State and Thomas psv,
ESQ, Tor defense.
Gecrge W. Clark was sworn. AMI IN.
iiied that on the l6th of SEPTEMBER i.
vas at Christina, aud while there nj,
,ants were stolen. He went to Srpiy
md having obtained warrant nra
'eeded to the house where DENNY va,
and saw the pants lying on
he tab'e. The man admitted to hin
hat h. had takcnthe pants. and Offered
o pay for them if lie would not pps.
ute him.
EA-Sheriit II rbert being sworn, ,s
fled tor the defence, that the prisope,
lau lived with him, and when he ,ol
lin to do one thing he would be aluW
ertain To do something exactly con-
rary. The object Of the defence was 10
'rove by this witness, that the prisoner
vas weak minded, and not responsbs
or his actions.
The counsel for the defence asked The
court to instruct the Jury, that
( they believed the accused to b4 Of
lnsound mind they must render ys,..
'erdict of not guilty. This led to a
discussion between cOuuA,
md a number of authorities were ci,vl.
The court charged the jury, tina. t.
aw presumed every man to be SaA
md to set up the plea Of insanity, ta
counsel for the defence must porOdls
violence to positively show, that be
vas no. responsible for his actions
The jury without leaving the box rel.
lered a verdict of guilty.
The court then sentenced DENNY to
,ay the costs Of prosecution, n, reslitn
ion money, and ON Saturday the lst
lay of October between the hours OflO
II the morning and in the afternoon 10
'eceiye twenty lashes, undergo an im-
,risonln,nt OF two months and at the
expiration of his term Of imprisonment
o wear a convicts .cket six months.
The argument i'll the case OF Neal tue
,olorei man Eho was convicted In Nov
,mber 1879 of the crime OF rape was re
to Determine the status OF lh'
,ase.
Meals counsel Anlhon! Higgins
ESQ, stated, that upon further study yd
he opinion Of the United States eal
e,ne Court, he understood IT as olFNt
ng the Court below, to grant his moslea
uade in the original trial TO quasi 'ls
Indictment, and the Jury panel, W''apa'
any further evidence lun
legroes were Disseminated asalaS y y
urors, than the simple affidavit Of Nea,
which having been allowed to 60 Inv
ne case, uncontradicted, IS now " " y
'egarded as unrebutted evidence III ~, y.
elf, that discrimination was N'u'I'
,s,,
The court upon consultation alu ,I u.
her consideration of the teHt Oh 'ne 9u
,reme Courts decision, ruled tIla' u.
.ase now stood substantially dpon 'u1
round GAINED by Mr.. Higgins anu u
-irtually admitted by the ANo,a'.
ieneral, (who, however, urged lus' - -
|. matter Of fact, he did at the 'f'' ". ~
ow str.nously object TO admitting 't' ~
,harpe OF Discrimination. SET iOI'l u. !.
be affidavit of Neal) and tNa' ,sS Wv
udgement, and other proceeolnsII,i%D, IiD,
,euueht u the motion TO qua'li' %,ns ns
low set aside, in accordance ~uu,. n,,,s
cf the Supreme Court 'u''
low remains in this POSITION. ,s,.
The charge set forth in NeaI ! lnis ,n "
yit, not having been rebutted sT S,y.
as established, and IN. .m W.T. %
ug been done, Mr.. Higgins lav"'I ,.Iips;
Iuash the Indictment remains s%'' .as INF,
he additional motion to qua'n 'n'N'
"a ,el having since ceased to eA.Sn w. 4,
The case now stands the Sa'l' ''ld and
housh Neal had never been lil', :, h h
new indictment will have ,,t " IN
ramed and come before the 0oN''
a,ne as a new case. ,.nort
The Grand Jury came IN anu .'rh r,h,t
d a number of true bills wnei Mi NH
we're di ,charged until 3 o'clo0A "
IfLernoon.
Ftremsus Parade Mt Readi'.' ~,