The daily gazette., 1881-09-22
SEPTEMBER COURT.
Yesterday AfternoOn's Session
Prisonars sentenced-Argument

Frhs0marD Bentenced-Argume
Heard.
Court met yeslsrday afternoon, ct 8
O'CLOCK, Chief Justice Osmegys and
bench.
The case Of Charles Mayforth, for the
larceny Of . plane, two PAWS and dou-
pie barelled gun, was resumed. Thomas
Lukens testified to purchasing plane
from the defendant for 40 cents. Ser.
geant Whslan and Chiet Maxwell testi-
hed to hnding the goods.
This closed the testimony and Mr..
SharDlsy opened for tho defense, the
state waving Its right to oren.
In charging the jury the Court said
that In order to bring In q verdict of
guilty the jury must be satisfied as to the
prisoner having committed the theft.-
Further 1t has been decided that the
failure to hud the stolen articles In the
possession of the suspected criminal be-
fore the lapse OF three months had clap
sed would act % , bar 70 hts conviction.
Where IL was tools, or such like articles
we're found In mans possession, the
act Of theft must have been recent.
The jury retired, and being out for
about fifteen minutes,. returned with .
verdict OF "noi guilty."
John Anderson, colored, was brought
into Court and arraigned on the charge
OF having stolen q coat from William
Morris. He pleaded "gullty."
Daniel Walters was al arraigned on
the charge ofsteahnp coat from W. II.
shaw. He pleaded "Guilty."
State vs.. Henry Backus, coIored, for
stealing . coat, pair Of pants, shirt and
vest from Gilbert Cook, also colored.-
Verdict, guilty" Vandegrift for State.
The following prisoners were sentenc-
ed:
Joseph Lamplugh, for stealing pair
Of shoes from James Caulk, sentenced to
pay costs, % restitution money, on Sat-
urday, October LIST, to se whipped with
twenty lAshes, be imI isoned four
months, and wear conv, tt jacket six
months thereafter.
Llewellyn Laws, colored, pay S15 res
titution money. costs OF prosecution, be
whipped with twenty lashes on Satut.
day October 1st,tmprisoned four months
and wear o convicts Jacket six months.
John Anderson, coIored, tor stealing .
clock, 81 restitution money, costs Of
prosecution, ten lashes, three months I'm.
prisonment, and wear oonvicts jacket
six months.
He.ry Backus, coiosed, for stealing Q
pair Of pan',, coat, vest, and shirt; pay
$50 restitution money, whipped with
twenty lfshes, four months imprison-
ment. end wear oonvicts jacket six
months.
Argument in the case of tte vsstry Of
Trinity church with DR.. r sst, the rec
tor, wr3 then commenced. At O'Clock
Court adjourned until 10 o'clock this
morning.
This Morn ng's ssssfOn-Prfson.
ers Arrafgned-Joseph MOwbray
Pleads Guilty TO Assault and hat.
terry Upon James m. Guinsy.
Court opened this morning promptly
al 10 O'Clock, Chief Justice Comegys
and Judges Houston and Wales on the
beach.
Levi G. Bird, Esq, counsel for Jerry
HArriSan, who stands indicted Tor the
murder OF Dennis Shea, near Hockessin,
on the night Of Saturday, the 10Th inst,
asked shat the case be continued until
the next term Of court, giving as his
reasons that the only witnesses fer the
defense resided out Of the s, ate, and he
could not get them here during the pres
ent term Of court.
Margaret Hopkins, colored, was ar
raigned on the Charge of stealing q
number Of reckties aud o'her articles
on July 1st from Elizabeth L. Wick
ersham. She pleaded mot guilty."
Nathan Demby, colored, ples ded
IN It guilty" to the charge Of stealing
pair Of pants from George W. Clark, !,
on Sept. 18th.
Joseph Mowbray, who on the 24th
OF June last committed an assault upon
James n. Guinty at the Holly Tree
Inn, from the indirect effects Of which
be died in q few minutes afterwards,
was brought in . Court and afraisnsd
on the charge C assault and battery,
the State having abandoned the capital
charge against him.
When asked by the Court IL he was
ready for trial he replied In the mega
tive, but upon being inform d by the
States Attorney as to the charge he
pleaded guilty"
The Court sentenced him to pay q
fine Of $40 and costs Of prosecution,
and undergo an imprisonment for the
term of six months.
Attorney General Gray opposed the
motion saying that If the deed had beer
committed prompt, and speeded justice
should be done on the part of the Stat 9.
1t would be prejudiciAl to public justice
to postpone the case.
Mr.. Lore also COUNSEL for the defend
ant asked that the trial be postponed, az
the man was to be tried for his life, and
he should be given every opportunity to
prove his inRoceuse. The Court ha,
postponed cases of very much essimport
ance. The Court ordered that the oc'
cused be brought into Court and make
affadavit to the fact that his Witnesses
resided out OF the State and that he coult
i n )t 20 To trial without them.