Daily Republican., 1881-02-08
COUNT YEsTERDAY AFTERNOON
Two Gases Trtea-M One Fela
ThrOsEh OwtnK to lack of FelO.
ntaus latent.

/ h"V ShbdS EFtbu-HUW VINO hcAi
ThrOsEh 0wtuK to LACK of Felo'
ninus latent.
There was arothsr rush into The
court Toom yesterday afternoon whel
the doors were thrown open at O'CLOCK
aud the waiting crowd, which wa
something larger than that of tn.
morning, and composed In large par
Of di5orderly youths, white and black
surged In with boisterOus talk auc
laughter, and made di5orderly
scramble for the seate. This wa
looked upon by the Chisf Justice with
evident displeasure, and it is not a.
all likely that 1t will be allowed again
without rebuks.
The Grand Jury were sworn and hav
ing retired to their rooms, 3 jury was
drawn in ths cass OF State W. Edward
BrisiOw, who had bssn sr-aigned yes
terday morning and pleaded "noI
guilty" to charge of larceny. THE
is the FIRST jury drawn in the new
Court House, and tho names are as
follows; William C. Pryor, Benjamin
W. Dunlap, Thomas J. Houston, Philip
p. Tyre, Abel Sayiile, Lawrence alatts,
! Nlyin W. Crossin, Frank s. Duncan,
Robert Dillon, Allen q. SicElwes, John
c Phillips and James Gray.
The State was represented by l.. C.
Vandegrift, Esq who was admitted to
the bar at the last Novembsr term. Mr..
VGndegri't studied law with Attorney
General Gray, and is graduate OF the
Howard law school, and st tho present
term OF Court is reporting the proceed
ings for the News and livery Evening.
SO the press can boast the credit OF
having the first case tried by one OF It's
members. Harry Shsrpley, Esq., vel
upter rod to defend tho prisoner.
The witnesses examined were John
C. Diehl, owner of the calf, Frank
Price, COL, who lived with Mr.. Diehl,
Aiferd Johnson, butchers man in
Wilmington, George T. Lutz, Lewis
Lc-, who purchased the calf in Will
mington and Isaac Pardee, policeman,
who arrested the prisoner. These wit
nes5es proved the theft OF the calt on
Sunday Light July 10Th, to finding it in
possession Of buto-er Lee, and irdenti
lied it. 1t vas also proved that three
negroes, the prisoner among them,
brought the calf TO Lee early on Mon
day morning and sold it TO him for
~ 70, sud that they afterwards divid.
ed the moneY. The defense brought
out the fact that the prisoner had moth
ing TO do with the bargain, and raised
q doubt as to him being part owner,
The jury retired al 4.30 O'Clock and
had not returned with a verdict at 9 30
O'Clock to day when the jury stood IL
to in favor OF conviction.
State ys. Frank Davis, William T.
Lyman, B3q., for State; Il. r. Psnuing-
ton, Esq for defense. The charges
was the larceny Of q mare.
Sylvester Downs was the first v Nitness
called. He testified tnat he knew the
horse taken, and that it was afterwards
found near Davis house. Constable
Wiugate testified to having arrested
the prisoner, but no ftlonious intent
was proved, Davis having taken the
horse to ride home. In accordance with
the instructions OF the court the Jury
acquitted him without Withdrawing.
The chief justice advised him not TO
take any more horses to ride, and told
him he was free to go where he epleased
Benjamin Nields, Bsq., counsel for
the defeuse in the case OF State VS.
Philip p. Tyre, for refusing to take a
vote at the last general election, asked
for continuance, as he and his client
bad known nothing OF the indictment
until last Friday aud the case involved
a constitutional question that of the
right ofa dessrter( Ghich the man who's.
vote WAS referred to was) to vote.
The Court refused to grant the rs.
quest, and then Mr. Nields raised the
point that the defendant vas member
OF the petit jury at this term. Again
the Court shook its head.
81 suppose" said Judge Wootten,
with q smile, that you would havr
no objection to Mr.. Tyre sitting in this
particular case"
"NoDe in the least" replied Mr..
Nields amid roars of laughter.
NOTES or TUB P1RsT DAY.
Four usners will be employed to-day,
to keep order in the auditorium.
Senator C0Cch has been excused from
ths Grand Jury.
Various are the comments about the
charge of the Chief Justice. All regard
II al an able effort.
Mr.. Vardegrift tried the Bristow
% - remarkably we'll for his first.
Toe Guthrie outrage case will be
tried a. this term 1t is thought.