Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-02-17
DUFFY'S HEAVY SENTENCE
A Liquor Dealer Pleads
Guilty" and Is Sentenced.
GUTHRIE'S CASE CONTINUED
A "8ox-verdict" Of "Not Guilty.
The Jury in the Tyre Case Fail
to Agree and are Dis
charged.
ADJOURNMENT SINE DIE


week at the usual hour: There were three
selling liquor on Sunday. Upon his pl cad
ing guilty to one indictment and paying
costs in all three, two of the indictments
were nolle prosd
The Attorney General proceeded with
the case of State vs.. Gnnkle, the jury
having been sworn b fore the noon
adjournment. The State called Rachel b.
Chambers as the first witness. She is the
first woman witness in the new Court
House. She tes1tied that she went to
'odging house on Market below Front !;
she owrt d The gold watch and chain that
was stolen; had it in her trunk the
prisoner was lodging In the house ut the
time and had to go through her room to
get to his own; REQ oJvertd the watch from
Chief Maxwell.
Chief Maxwell testified to having gone
to New York city brought the boy back
end got the watch from the policeman who
arrested Gupkle while he was trying TO sell
the watch at a pawn broker.
The boy made statement to the Jury
to the effect that there were other boys
with him, which 'also came out on the
states evidence aud that when they got to
New York the other boys made him 20 try
TO pawn the watch under threats OF per-
sonai violencs, aud while doing 30 he was
arrested. The jury withdrew aud after
about 20 minutes returned verdict OF
guilty and recommending the person to
the mercy of the Court.
William Duffy was brought up upon
two indictmen!s-one for assault and
battery with intent 10 kill, and the other
Tor assault and battery, through criminal
negligence, upon Isaiah M. West
In consideration of II plea OF guilty" to
assault and battery simply, the indictment
for assault with intent to kill was aban-
doned, and the Court proceeded to take
evidence to determine the degree of pun
ishment to be inflicted upon the prisoner
West, the prosecuting witness, was called
aud testified that be WAS run over by horses
attached TO wagon. Had three ribs
broken, his throat mashed and leg il jurtd
This was five months ago, and he had
been confined to his room ever since, and
was not yet able to be out. His speech
was much impaired aud he could not speak
loud enough to be heard by the Court.
There was an exhibition OF trained birds
going on in the street which had caused
crowd to collect and he was one of the
crowd
John Stewart, sworn-Was standing on
the curb the crowd was further in the
street; man came driving down the
street ut the rate OF about eight miles an
hour; the horse SHE'D from the crowd,
but he was apparently pulled into tbs
crowd by the driver; this caused great
excitement among the crowd the horse
was stopped by some one, and Officer
Dolan arrested the defendant several
others beside West were knocked down;
recognized the defendant az the driver
he appeared to be drunk; he could not
walk straight. .....=
Patrick Haley, sworn-I was Knocked
backwards saw others knocked down;
saw West knocked down and run over
caught the horse and had Duffy arrested
could not say he was drunk, because |
hurried away to bring the doctor; come
one attempted to drive the horse on,
q, Turner, for the defense, called
Johp L McCulien as his witness. He
testified that he was in the wagon that
night with Duffy; the horse was going in
common trot; The trace came of he
told Duffy of the loose trace and took hold
of the reins to stop the horse it WAS dark
and he did not see the crowd until he
jumped out to put on the trace
The Court said ii would b. We TO make
an example of the defendant, and then
sentenced him to pay 800 to the State.
the costs of the suit, aud TO be imprisoned
for six months. So severe sentence was
unexpected by the defendant, and he
seemed to fscl 1t very much, turning white
and purple alternately. From the evidence
the prisoner has always heretofore
sustained au excellent character for good
order.
A jury was en,ponelied 10 try Phillip P.
Tyre for refusing 70 receive legal vote
Benjamin Nt"ld7, Ed, MAS counsel for
Tyre. The otfense is mis6emesnor, aud
punishable by n fine of not less than $50
Or more than $500.
The defendants counsel challenged all
the jurors he had right to, aud notice.
able feature of the challenging Was, that
all challenged were good Democrats.
John C,llan indicted in Ave Instances
for selling Eqnor on Sunday, was SEN
fenced 10 pay $50 each for two cases and
costs i'll all
Attorney General Gray proceeded to
address the jury in ths case Of State vs.
Tyr). There were two counts in the III
dictment, one for refusing legal vote,
the othr for concurFiug iu the refusal TO
take u lps'al vote. .-
Elias Fargerson, the prosecuting wit
ness was called; said he off sred to vote at
the last general election ia this aity. at tue
pollitg place where Tyre was insp sctor.
D,feiidant'g eouustl admit ed that the
witness was qualified to vote. 40 far az his
tax receipt, residence ia the State and age
was concerned
Witness said his vote was refused by
Tyre. .... ...
Gross. exaplined-A tempted to vote in
the afternoon any yOt, w.l4 challenged by
letter carrier AID refused; .heye was y
discussion outside III, wirdov, npd the
inspector VAS warned pot 10 receive my
vote (; was challenged H. heiug a dasertsr
from tho army Tyre a-ked me if he'd
an honorable discharge from the army;
told him yes; said ,bt Il z get it, which /
did, aud Drought it AN holc atterward.;
l,os ,,uy d-cnarge f,"rl 1t 'bree months
sorvce; WAS th..n challenged NJ haYius
1.sert.', from S ihr.e y,rr-' service in
,,sh,.l had rllisra; Mr. r5ro said he
rru q rot receive NV vnie did desert
tr,u, Il, tlrec year. ST vice.
Il WIS eRrc, d BY COW sci that The oily
.urrAiion at issue was. rs to yhetbr a
a., ripr bad q right TO vote
Benjamin Nields, Esd, opened his case
4oihe jury
He called Alexander Mason. mail car
rier. to the stand.
He testified that he was at the window
of the milling place that day as cbal-