The daily gazette., 1881-09-26
From sasuraay's Late Editis,.
SEPTEMBER COURT.

Specially reported for the GAZETTE.
At the opening Of Court, at 10 O'Clock,
this morning, VIM. Neal, COL, was ar
raigued and started upon his second trial
for committing an outrage on Mrs. Mar
earet Gosser, Of Blackbird Hundred.
The accused firmly and unfalteringly
pleaded "not guilty." After the arraign-
ment Neal was retured 10 the cells.
State vs.. Bridget Conner, indicted for
selling liquor without license. Walter
Hayes, ESQ for the Stale. One wit
ness was examined and testified posi-
lively to buying liquor In the defendants
house In New Castle on or about the
first day of February last. The jury re-
tired for onsuitaiion, and after short
deliberation returned . verdict OF "guil-
ty." She was fined 500 aud cost.
In q second case against Mrs. Conner,
Robert McGregor testified that he was ut
her house on last Christmas day, aud
gave her twenty-five cents with which
TO purchase shiskey. She bought the
whiskey sud 1t was drunk In her house.
This was the only testimony in the case,
and as it utterly failed to sustain the IN.
dictment, the Jury, without leaving the
box, returned verdic. Of "not guilty."
VIM. Green ani Chss. Dillahay, COL,
were tried for assault and battery on
special policeman John M. Taylor, at
rrnth and Orange streets, several weeks
ago, while the officer was arrsstlDg Dill
ahsy, for disorderiy conduct In the bar
Der shop of Chas. Bsyard, COL, several
weeks ago. This was the affair that oc-
cssioned almost . riot, Dillabay and
other negroes attemptingto rescue Green
after he was arrested by officers Taylor
and FArron. Diliabay is accused OF
throwing brick At Ofncer Tay lor, which
struck blm on lbs back. Deputy Attor-
uey General Cooper for the State, and
Walter Bacon, Esq, for the defense.
The State produced evidence In sup
port Of these alleg atioDs, aud tht defense
gave testimony W the effect that Green
did not resist arrest, but that The officers
black. lacked him rs soon a. they took
him 10 charge.
Among tue other witnesses for The de-
tense was Chief Of Police Maxwell, but
he said that Green was dlsorderly when
he was brought 10 the police station that
night, and resisted the officers furiousiy,
refusing 10 be searched. He was SO vio-
lent the Chief had 10 strike him once.
Mr.. Bacon raised the point that the
officers had no right to arrest Green that
night without Q wArraut, as his offence
was not committed in their presence, and
he was justified In resisting arrest. Mr..
Bacon addressed the jury, rejecting
rather sarcastically on the efforts OF the
officers 10 take Green, who 10 small
man, to the police station. .lt seems"
said Mr.. Bacon, ,"that 1t took $50 pounds
Of policemen, armed with black. Ack
instead Of warra0t,to arrest Ito pounds
OF darkey, in Q halt drunken condition. 4"
Mr.. Cooper addressed the jury, sup
porting the evidence OF the Stale, and
urging the necessity OF securing the
punishment Of these offenders, In order
TO impart q lesson 10 the disorderly
characters thatinfe the neighborhood
Of Ten,h and Orange streets.
In the charge the court stated that O
police officer has right to arrest,
without warrant, for Q misdemeanor
committed in his preseuce. But he
has 10 right to resort TO violence unless
he has reasonable grounds TO fear per-
sonal injury, in which case he can use
all means necessary to overcome the
resistance OF the offender. 10 cases of
felony the efforts to overcome resist
ance may 20 to the extent of taking
life, and in misdemeanors TO the ex-
tent Of reducing the offender to sub.
mission. In this case, the Court said,
the decision would depend largely upon
the weight OF the testimony, as II the
States witnesses were to believed the
Offenders were committing q misde-
meaD0r when arrested.
At 1910 O'Clock the jury retired, and
after celebrating forty minutes came
intO Court and asked for instruction
on the following points
i. Had the officers right 10 make
an arrest In this case.
.. Had the manner of the officers
in making the arrest anything to do
with the guilt or innocence Of the
prisoner.
The Chief Justice said the officers
had right to arrest anyone on seeing
them commit misdemeanur. II the
offender was quiet the arrest must be
quietly made, but IL the officer had
good reason to apprehend any resist
ance then he had right to resort To
VIOLENCE. The case, in this respect,
the Court said. was one that must be-
judged from the evidence, and there
lore it was for the jury to decide
whether they believed the evidence of
the State or OF the defense.
The Jury deliberated for about n
minute and then returned q verdict of
guilty" Mr.. Bacon demanded a
poll, but each juryman assented to the
verdict as delivered by the foreman.
Sentence was deferred.
Stale us. Michael ConnelI, for assault
and battery on Augustine P. Grace. L.
Y. Vandegrift, Rsq., tor the State.
Mr.. Grace said that Conpeli, after 60
ing with him TO search for bis boy, VINO
was missing from his home on the even
ing OF june 22d, invited him into bl,
house 10 take cup Of tea, and then.
without provOcation, assaulted him bru-
tally cutting his bead and face In a
shameful manner. The jury rendered q
verdict OF ''guiity" without leaving the
box. Council was not present, being
out on bail, which was forfeited. His
sister, Mrs. Ellen Walters, 10 his surety.
A cdpias was accordingly ordered TO be
Issued ON the bail bond for the appre-
hension Of the surety.
state rs. Edward Cassidy, charged
with selling intoxicating liquors with.
out license. l.. o. V4Ddcgr.ft, ESQ,
for the State and II. q. Turner, Esa,.
for the defense.