Daily Republican., 1881-02-11

what Was Dsns Yesterday After
nsen-The Charge I'm the Eyrs
Eleetion Case PcstpORoG UntiI
Friday Morning.

nsen-The Charge I'm the Eyrs
EIeetion Case PestpORoG TuIl
Friday Morning.
The court re-assembled at . O'Clock
and Mr.. Eield5 concluded in twenty
minutes his argument for tho defence
in the case of the State vs.. Philip P.
Tyre, charged with refusing to receive
legal vote.
Attorney General Gray then con,
menced his closing address for the State
not occupying more than an hour and
tsn minutes. An hour of that time
was spent ir quoting authorities Oh
StaLs's rights issuea, It being admitted
that the 0ase was one which involved
that question to larger extent than
any other that had ever come before
the state courts. Mr.. Gray quoted
from the Dred Scott decision to estab-
lish the citizenship OF Furys5on, con
tending that even it the United States
had disfranohisgd hin on account ci
being a de5srlar it did not interfere
with his rights as sitizen Of Della,
ware,
He maintained that in this case the
State Laws Were paramount; that tho
j, dsral Law only laid down q rule for
its own government which did not in
terfsre with State'B rights, and as The
state prescribed tho qualifications of
voters, such voters had tbs right to
vote fer congressman. Mr.. Gray was
frank to admit that there vas more n the
question At Issue thSn be thought there
was al first, and If hs though: that the
laws OF the state coaliCted with those
of tAe General Government he would
ask the Court to declare SRch laws un.
constitutional.
Turning to tho jury he paid high
compliment to the personal character
and integrity OF Mr.. Tyre, but his high
character did not shield him from the
consequence of wrongful act. ThroHSh
his decision Dir. FurgesoA had been de
prived OF his y0t9 and that was Sc
rious question. He ridiculsd the ideH
OF putting FuYgeson on the defence
and compelling him 20 produce the
proof that he vas entitled to a vote.
lie strongly criticised the testimony
Of George Camparson an assistant in
spector who said he would stay there
ten years before he would a8rss 10 ell
low FurgesOn to vote, thus showing
that personal feeling entered int5 the
question more than desire TO do JUS.
tioe.
At the close OF Mr.. GraY's argument,
the Chief Justice stated That this b6ipg
an important case invO 7iuE coustitu.
tiOnsl questions Of law, no desired un-
til Friday morning to carefully prepare
q decision, and discharged tLs Jury AN
I'll 10 0'cl5sS OF that day.
Stats VS.. James Hanual was called.
]. Wales Bissell for STATS &ad Thomas
}. Davis Tor defense.
Hannah is boy probably aboEt II
years OF age, bat This IVES not his FIRST
appearance before the court. He was
charged By Frsnk Rooney with the lar
csny OF pair of shoes from him on New
Years. eve, of ths valne of two dollars.
Patrick Malonsy test led to purchasing
the shoes for 25 csnts and giving him
another pair of shoes. Mr., Bissell hay
ing failed to prove hat the shoes were
stolen in New Castle county would have
been fatal to his case, b1t the point OF
, weak intellect was raised and which
WAS but too plainly evident upon the
boys vacant CoultenanCe to disproVe.
The Judge charged that upon either
of these points bo waa snSltled to be-
Gle ared, and the jury without leaving
their box rendered a verdict of not
guilty. as Hannah was about leaving
the dock tho Judge asked him Il he
could not quit this bad habit Of taking
things not his own TO which he replied
~ will try" Iu passing out the boy
thanked the jury for their kindness.
A nolls prosequi vas entsred il the
case OF the State VS.. Bridget Conner
for selling liquor without a license be.
cause she was dead.
Also in th5 actions and cross acti0nG
off, w. Wilson, ". I. George and W.
Il. Leat of Mount Cuba, the partiei
having got together and settled their
difficulties.
There being no other business to
bring befors the Court it sdiournU3 at
5 o'cl3sk until 10 o'clock this morning.