The daily gazette., 1882-09-20


street, even on his own door step to the an
noyAnce of his fellow citizens. Policemen
might very often exceed authority and were
as liable to actions of assault and battery as
private individuals. IL man slept upon
the street at that hour of night 1t was not
only a duty but humane act upon the part
of the police to get him to go into his own
house for his own protection. They
would In such case be warranted
in rousing him up and requesting
him to 90 into his own house. To execute
that they would have the right TO assist him,
to require that he should go in, and II they
found him SO unreasonable, to use force, but
not more force than was necessary. The
use of blackjack under the circumstances
described would be unlawful, and constitute
assault and battery. So much for the law ;
now for the facts. The indictment was
against George G. Raymond, and the assault
| consisted in striking Campbell with abiack-
jack. They must in such case be satisfied
that the blow was given with blackjack by
| officer George G.. Raymond. The act of one
I officer did not bind the others. There was
! D conflict of evidence. The testimony OF
one man was that ne was struck as be was
falling. If the injury TO the head was
caused by a fall, that did not constitute an
act of assault and battery. II they were
satisfied that blow was struck by Raymond
it was their duty to find him guilty II they
| had any reasonable doubt they should acquit
him..
At5.sO the jury retired.
| AT O'Clock the grand jury was dis
charged, the members being thanked by the
Court and paid by Treasurer Herbert.
THIS MORNINGS PROCEEDINGS.
At Q o'clock this morning the jury in the
case of Raymond, the police officer, came
| into ftar hasf fVsr ntIt
hours, with verdict Of not guilty.
The regular order of business was taken
up at 10 o'clock, and the Is special jurors
recently drawn for the Court of Oyer and
| Terminer were discharged. tf
| Nathan Demby, who recently entered the
house and tailor shop of John Muhlhausen,
on King street, Wilmington, pleaded not
guilty, and his counsel, Walter Bacon, Esq,
stated to the court that as there were serious
doubts as TO the sanity of the accused he
would request the court to continue the ease
until the next term of court, in order tC
allow him time to obtain witnesses to estab
lish that fact. The court granted the re
quest and witnesses presentwe were discharged
from attendance until next term.
John Mcguire and Frank Whelan wer'
indicted for assaulting Owen Kelley anC
stealing coat and vest. Whelan pleaded
guilty to an assault and was sentenced to 81
days imprisonment. Mcguire admitted thu
charge of highway robbery and was sen
fenced TO pay costs of prosecution aud TIVE
years. imprisonment.
Elizabeth Martin and Mary Elizabeth
Morgan, the two colored women detected II
stealing shoes from S. E. L. IIagany, OF
Monday night last, were placed in the dock
The Morton woman came in pulling ant
painting, evidently suffering from an attacl
of Mysteries.
She plead guilty and was sentenced to pa.
the cost of prosecution, 81 restitution money
and to undergo an Imprisonment of 30 days
Mary Elizabeth Morgan pleaded not guilty
4 Considerable amusement was created by tn
! almost fruitless efforts TO get the names an
the women properly connected, and oni
after much talking WIS that end gained.
James Riley was accused Of assault an
battery upon William II. Quinn, who wa
called upon by officer George II. Cooney
help arrest the defendant at Front and MAJ
ket streets, Wilmington. Quinn testified
having been kicked in the stomach by RILEY
.. and said that he is still suffering from tn
injuries received then, September 1st.
Riley told his story to the jury, denied tn
charge, and said that while he was drum
when arrested he had been struck by SON
one. lie ross-questioned both witnesst
! | closely. The jury retired at II O'Clock.
! In Is minutes the jury returned with
verdict of guilty, with recommendatiO
:. for mercy, and Riley was sentenced to fiji
!. | of $40, costs of prosecution and thel
i months imprisonment.
James Melville, George Wingate, Sergeai
: Decker and George Paridee were accuse
i with having assaulted |. V. England, at Il
corner of Eleventh and Pine streets, on Il
e 3D. day OF last June. The first thr,
pleaded guilty, and the State Attorney d
e clared his intention of entering nolle pro
y in the case of Paridee.
u The trouble happened on the day of Il
&c city election at the polls of the upper precin
y of the Eighth ward. /. V. England testif
q that he went to the polls to vol
rs but that when within three fe
q of the window he was seized by t
N neck by Decker who said you -,y
n can't vote here" That was the signal
&c general row, in which he was badly use
ie being struck in the face, arm, and legs.
III Decker, who was private citizen at t
NJ time, admitted turning England aroun
Vi and Wingate hitting him. The char
Y against Melville was proved by witnesses.
- Levi Bird, Esq, represented defendan
III and endeavored to prove that trouble "
~ caused by England trying to vote illega
hs and that he was not known In the ward,
le Chief Justice Comegys told the deteI
lu lu ants that there was a remedy for any one
9. tempting to vote Illegally, but 1t was VI
eu serious matter for any one to Interfere vi
lN a man in his effort to vote.
ne Justice Houston echoed the same sen
at ment, and Decker, Wingate and Melvi
We were each fined S25 and costs of proset
" tion.
fContinned in Second Edition.