Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-01-20
q q. DISTRICT CoURT.

Jacob Levy 'sOt GHtsty''-hh NC W.
land, rerkins and Finn Gases
sortied-An Interesting Question
Caucernibg Mileage.
Court convened Thursday at 10 05
O'Clock, q larger crowd being present than
on any previous day 10 anticipation of the
trial of the men indicted III the election
Cases. ALI the grand jurors answered to
their names, and on stating to the Court
that they had further business to consider
they were allowed to withdraw to their
room.
Thomas johnson, who was indicted for
selling liquor without license, was sur
rendered to the Court BY his bail, and
pleaded guilty" to the three indictments
found against him. The penalties are
very severe, being iine of not less than
300 or more than S5, 600, and imprison-
nent for not less than 30 days or more
Than two years.
The District-AttorGey asked that the
Court be as leDient towards the prisoner
as possible. because his family were in
very Impoverished condition, and he had
pleaded guilty and thus saved the court
the trouble and expense of trial.
Judge Bradford, iu sentencing the
prisoner, stated that while he would be as
easy on him as possible, his discretion
was limited. As he was indicted for three
ofeDseR the lightest sentence the Court
could pronounce would be that he pay
fine of $500 and be imprisoned for 80
days.
He Was then remanded to the
custody of the marshal until this sentence
should be carried out.
The grand jury needing the attendance
of the District-Attorney the petit jury was
discharged until IL O'Clock.
The grand jury's work yesterday after
noon resulted in the finding of four more
true bills, which were presented to the
| Court this morning.
| Charles Shields and Daniel Mcclure
were indicted for interfering with and
sssaultiug special United States deputy
marshal; Joseph McOatferty and Henry
Witsil, Democratic inspectors In the Tenth
ward for refusing to receive the vote OF
one James Matthews, colored, who, as
| the bill road, 'wes entitled TO vote :" and
Walter H. Burrors, for advising William
Hiil, man upwards OF 90 years old, to
attempt to vote at the polling place in the
Second ward
The grand jury finished their work and
again returned to the court room at IL 10
o'ol,ich and were discharged from further
! attendance ct this term.
The grand jury at their last sitting
found true bills against Austin v. Gaynor
and Eugene Ssyers for receiving the vote
of Patrick Smith, who was not entitled to
vote ; and against Peter r. Miller for in
toriering with special United States
deputy marshal. The bills against John
Madden and James McKenna were ignored.
The petit jury having been discharged
until II O'Clock none of the cases could be
taken up until that time, hence there was
a cessation of business for three quar-
ters of Gn hour.
Upon the resumption of business the
first case called up for trial was that
against Jacob Levy for selling liquor
without a license
Anthony Higgins, Ed, appeared as
counsel for Lsvy. Before the drawing of
the jury, Charles b. Lore, E.q, as coun-
sci for the persons indicted in the election
cases, moved a continuance Of these cases.
His grounds We're that first, he was not
prepared financially to undertake them,
out secondly, aud most Importantly, he
asked for continuance on the broad
ground that be had rot had time to pre-
pare himself. II would take a month to
do this at tho least. He was not prepared
because he could not tell beforehand what
bills would be returned true, and what
ones ignored. Besides it would be doing
a great injustice to these defendants TO
force them to trial ut his term. There
We're l6 cases, and he could no them jus
tlce if forced to a trial Immediately.
The District-Attorney said that, while
he would not strenuously oppose con-
tinuance, he could not consent to il, as far
as ae bad anything to do with it. He
was eea!y for trial Immediately.
The Court agreed to continuance until
the April term, on the ground that the
counsel was not prepared to conduct tine
trials.
The Di5trict-Attorney said he was not
in favor of exorbitant bail, and IL the de.
fendRnts would give $500 bail in the cases
If illegal voting and 81 ,0G0 in tho cases
OF Interfering with and assaulting special
United States deputy marshals, he would
be satisfied.
This was agreed to by Mr.. Lore, and
Tomorrow evening at 7.30 was fixed upon
by the commissioner as the time to receive
bail.
The jury In the Levy caae WAS with
drawn.
hr. Patterson after explaining the law
to the jury in regard to the selling OF
liquor without a government license, called
as his FIRST witness Henry Graham. He
testified that about August lat, 1880, he
got four gallons of liquor from the defend
ant; did not pay for it; got it for his
brother; did not suppose it was gift.
On cross examirstion witness testified
that he did not know the distillery
belonged 10 the son of the defendant at
the time Of the purchase.
NAt kDr ogur Hal thot
he had never bought liquor of the de-
nor had he ever known any one else to buy
III less quantities than FIVE gallons.
Several other witnesses testified to the
same effect
Henry Goldstine, q Jew, was the only
witness thus far produced who bouRh
liquor during the time covered by tht
Indictment. His mode of taking an catl
appeared TO be very interesting to th,
audience Ho required the clerk to fine
him the iye books of Moses, upon which
after placing his hat Oh Lie hesd-whicl
performance he declared TO the Judge wa
necessary-he took his oath to 'itell tn,
TRUTH
lie testified Game to this country from
Poland have lived in United States abou
three years; did buy liquor frym Levy ii
less quantities than FIVE gallons in May
1880; have had quarrel with him since
Informed the United Estates deputy mar
! sbal that Lsvy was retailing liquor aftei
We fell out
The Deputy Collector of United State
! internal revenue Atkinsou testified as t,
I when the licenses were taken out.
The government then rested its cases.
/ Anthony Higgins, Esq opened for tn
! defence, stating that the only evideno
against his client was the testimony o
. Galdstine and that be would prove tina
i he could be believed on his oath.
Z MIR. Higgins called number of wit
nesses to disoredit Goldstine, all of whom
4 said they would not believe him on oath
Z The Court notified the counsel il woul
not sit after 3 O'clock, so they conclude
n TO postpone their arguments until tc
a morrow morning.
the court then adjourned.
u u Court met Friday morning at 10 O'CLOCK