The daily gazette., 1881-09-24
SEPTEMBER COURT.

Balance of this Mornings Proceed.
tngs-The Status of Meals Case
Dehned-A Larceny Trial, etc,
Specially reported for the GAZETTE.
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 DENLY stole the pants from Mr..
Clsrk's carriage. When the loss was
discovered Mr.. Clark followed Denby
to his home at Bear Station and re-
covered the stolen property. DENLY
admitted the theft and offered to nav
for the pants II he was not prosecu.
ted.
These facts were testified to by Mr..
Clark, and Geo. Marshall, OF Chris.
tiana, said he saw DENLY pull a bundle
out Of Clark's carriage and slip 1t un-
der his coat.
For the defense Mr.. Davis called
County Treasurer VIM. HerberI. who
said that DENLY lived with him for a
month and six weeks aud did not act
like q 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 At he was told. Several times he
stopped work an,' went into the parlor
and commenced to play the piano, say.
ing he wanted to learn, as he was go
ing to get married and buy piano for
his wife.
The roint raised by the defense was
argued by counsel, and the Court said
the legal alpresumpiion 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 reasonable
doubt of the prisoners sanity.
The jury were evidently 80 satisfied
a. without leaving the box they re-
turned a verdict Of guilty" Denby
was sentenced to pay Sl2 restitution
money and costs, be whipped with
twenty lashes, be imprisoned six
months and wear convict's Jacket slx
months after release.
The Neal case came up III 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, tho iudict-
ment quashed, and also the order
denying the motion Of Meals counsel
to quash the jury panels by reason OF
the exclusion therefrom OF cOlored
men. The Court, therefore, held that
all subsequent proceedings in this case
we're set aside, and that Neal was in
ths post p5sssithl'es " ~ s-sssIpr rcrussd-cf asime
and awaiting indictment and trial.
Neal Ill therefore be presented to the
present Grand Jury for indictment,
and if indicted tried at this term of
Court.
ln view Of this opinion the members
Of the last yea-'s 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 lists by reason of
their race or color, were discharged from
further attendance.
The Grand Jury came down at 1920
o'clock with several true bills aud we're
discharged until 3 o'clock, this after
noon.
State vs.. Patrick Sullivan, for assault
and battery on Mrs. Bridget FrAley, OF
Iron Hill. near Newark. l.. q. Vaude-
grift, 20, for State, aud J. l.. Valland-
igham, Esq, for the defense.
Mrs. Fraley testified that she drove
Sullivan's COWS out of her wheat field,
and few minutes after he came down
the road, with a stone IN his right hand
and stone In the other. He struck her
over the head with 4 stick, and then seiz.
Ing her by the shoulders showed her
down in ditch, against ssu mp, bruis-
ing her shoulder and side. While she
was down he hit her OH the ear with his
tist, wbereupon she cried "murder," aud
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 IL. The assault
was committed last May.
With this case still under considera-
tion Court adjourned until three O'Clock
this Afternoon,