The daily gazette., 1881-12-22
COURT PROCEEDINGS.

At the opening Of Court yesterday
afternoon, VIM. McGraw, John Cra-
ven aud John McCloskey, convicted of
the larceny of $40 from Lawrence
Messick, were each sentenced to ten
lashes and three months imprison-
ment.
The jury in the case of Shadrack
Trusy, colured, convicted of the lar
ceny of watch from Joseph Whelau,
returned a verdict of ''guilty." Trus-
ty was sentenced to pay $50 and resti'
tuition money and costs, receive
twenty lashes, on Saturday next,
and be imprisoned six months.
Arthur Craig, indicted for entering
the store of Jennie Miller at Secon d
and Tatnall streets, at night. and
stealing some dry goods, pleaded
guilty. He was sentenced to pay
costs of prosecution, stand an hour
in the pillory, on Saturday next, re-
ceive twenty lashes and be imprisoned
one year.
Mr. Lore, of the counsel for Jeremiah
HarIigan, convicted of the murder OF
DENNIS Shea, then read the reasons Of
tered by the defense for their motion for
d new trial, and proceeded to call wit
nesses In support of these reasons, who
were examined by Mr.. Bird, the ALtor-
ney General examining Oh behalf OF the
state.
Jacob Deakyne, one of the bailiff.,
testified that he had charge OF la jlry
and allowed them to 20 into the court
room aud in fac anywhere that they
desired to 60 on the second floor of he
Court House, while the court was In
session, and did not know that he was
violating any law by 30 doing; one
morning he went home about one
o'clock and left the Jury asleep; the
door of The jiry room was unlocked,
but MIR. Frazer, the other balliff, was in
bed in an adjoining room; he went home
because he was tired and net ded rest;
returned to the court room about day.
light;he could not say upon his oath that
he discussed the Neal case wi h the
Harrigan jury, aud did not recollect
whether the jury talked about the case
pr not; the next two nights he also went
home, leaving MI. Frazir in cha ge of
The jury; one morning when be re-
turned he found two of The jurymen in
The Grand Jury room washing them.
selves, Mr.. Frazer being up stains at the
time; tile witness said he was under the |
Impression that the jury had right TO
20 where they pleased on the second |
hoor; he never saw any OF them reading
Lhe law books.
Thos. Frazer, the other bailiff, said
when Mr.. Deakyne, his colleague, re-
Eired for the night be would g. to bed
himself in the Court House; he SAID he
never saw the jurors have amy Int, xi.
eating liquors.
Thos Smith, the court ciier AID pin.
cipal baillff, said that one mornn 9 cur
ing the trial be saw one Of the Harr. gan
Jurors sitting in the Chief jus ICES
chair reading a Wilmington paper; au-
pther time ne saw juror reading a
paper In the Grand Jury
room; on this occasion he touk The paper
from him and said he should not Teati
he Wilmington papers; hr bad seen
several jurors In the court room DUNG |
the court recesses, aud once OF twice in
The lady Witnesses lopm; on h 81 oc-
tasions there were per, ons in the room
Who were not Daihffs and who had no
connection with The court. Mr.. Smith
said that once one OF the jurors at
tempted to talk with him about the case
but he refused to allop hin o proceed. |
He considered himself, during the trial,
As one OF the bail IFS in charge of the
Jury.
JohH w. Enos, the Court House
said he had talked with Mr..
Eliason, one of the jurors, but could not
Say that lie had talked To any of the
others, though he might have done so. u
Frank Enos, sou Of the previous wit
ness, said that one night he played two
games Of "seyen up" with three of the
Jurors, but did not converse with them
any further than to answer what ques
lions they asked him.
Isaac G. Pyle, proprietor of the
Lafayt tie botel, who furnishe ed the
meals for the jury, testified that he
provided twelve meals for them and
sent up half. pint bottle of whiskey
not more than six and possibly only
four times he made no charge for
liquor Or cigars thus furnished, and
sent the liqcor only at the request of
the jury. Once he received note
from Mr.. Eliason, requesting liquor to
be sent. The liquor was packed in the
dinner baskets.
VIM. Thompson, q waiter at Mr..
Pyle's hotel, testified 10 bringing the
meals to the jury.
Mr.. Bird here asked If the Court
would receive the testimony of the
Jurors IN the case he said the defense
were prepared 10 prove that the jury,
In determining their verdict We're at
fectcd By what they had read while
acting as jurors, and tn extraneOus
matters, including the prisoners pre-
yious character, and an assertion that
he had once before been charged with
murder, were used as reasons why
verdict of guilty should be returned.
Judge WoOtten said it was the law
Ia this State, and he had never known
Ii to be departed from, that a juror
could not be called to testify in mo-
ion for new trial. He never knew
IN instance where jurors had been
Ihus called to stultify themselves and
set aside their own verdict /; such q
would be q dangerous
precedent and a sad state of affairs.
The defense next called Fletcher T..
Cooper, of the Morning News, who
said he had brief conversation with
bne of the Jurors; BENZ. Collins, who
was standing on the front balcony OF
the Court House he said this was
after the jury had been charged, but
subsequently corrected himself as to
the Time, but was positive it was dur
ing the progress of the trial.
This ended the testimony, and at