Daily Republican., 1883-05-11
CLOSE OF COURT.
Of NILLER-PRIBlD
SERS sENTENCED-A DJOlrRN.
MENT UNTIL MONDAY.

at 3 o'clock after the noon recess. The
;ury in the case o: Patrick Lynch
charged with the larceny of a pocket.
hook containing $3.50, the property OF
sarah Brown, came in and rendered Il
verdict of guilty. Mr.. Lore for the
defense, gave notice that he would
make application for new trial.
Harry Sharley, Esq, opened for the
George Miller, colored, indicted for
the larceny of a wagon, the property OF
George II. Raymond, Jr.
George II. Raymond, Jr., sworn, and
testified that he resides at Christiana,
and on the G,h of March the prisoner
came to him and hired the wagon to 60
10 Newark after a load Of rags. He
s,id that his wagon was broken;h he would
r,rurn in the evening, but did not come
b1rk at all. He did not see him again
until the 22d of March, when he met
MlIer and another man on the road
and accused him of keeping the wagon.
The prisoner denied being the one
that hired the wagon, and called on his
COMPANION to witness that his name
was uor Miller The witness is crippled
with the rheumatism, and did not feel
himself able to cope with the men, and
ashley said they were going to Middle
town, he let them go, and drove to the
Railroad station for the purpose of
tpIepraphing TO the constable at that
place to arrest him, which he failed to
DO. He did not see the prisoner again
until Wednesday, when he saw him in
the cells under the Court House.
Miller then admitted that he was the
one who had taken the wagon, and said
il was now in Maryland, but he would
return it if the witness would promise
NOT to prosecute him. Austin Harring.
ton and Francis NJ. Walker, ESqs., ap-
peared for the defense and cross-eXam-
/ med the witness at great length.
William Lewis, col0red, testified that
hr resides in Christiaua, and saw Mil
Ter there on the 9Th Of March he was
hunting for Il place to get his horse shod,
and then asked the witness where he
could hire "a wagon to 90 to Newark, as
his WAS broken down. He was direct
ell to Mr.. Raymond where he hired a
butcher wagon.
John McClintock testified that he
was called out of bed on the morning of
Tue VI VI .idltll ~ Dllpt u HolN' lol
the prisoner, who also asked him toI
mend his wagon that day. He repair
ed the wagon, but Miller had not come
for it, and it is still at his shop. The
repairs amounted to Sl.75, and in his
opinion the wagon would not bring |
that much at a sale. The wagon that
was hired from Mr.. Raymond was
worth at least So.
George w. Currinder was sworn, and
corroborated Mr. Raymond, in refer
ence to his giving the wagon to the
prisoner. William r. Jones testified
that he knows the prisoner, who resided
on Poplar street, above Fifth, in the
early part OF March.
Nr. Harrington said that In his opin-
ion 'IpH State had not subslantiatCd tn"
charge ui larceny, rs it had bee. shown
t.Lt Mr. Raymond hired the wagon to
Mn. He asked thai the Court would
Instruct the jury to render Il verdict of
NOT guilty, without compelling them to
open the defense.
Thi, was opposed by Mr.. Slarplry,
who cited a nu,nh"r of authorities to
show that where a person Obtained III"
property Of auoih her with fraudulent
intent, he was guilty Of larceny.
The views Of Mr.. Sllarpey were sus
t.lnei by the Court, and the counsel
ordered 10 proceed with the trial.
William 4. Jones for the defense, tes
titled that he had arrested the prisoner
N another charge, and he had been
tried and acquitted, This was the only
witness called by the defense, and Mr..
Sharpley made the opening argument
for the State.
He COntended that it had been clearly |,
shown that the prisoner intended to get
this wagon and never return it, and for
the purpose Of eff, ctualiy dcceiving Mr..
Raymond, he left an old wagon worth
about SIZE. He spok" for some time,
aud concluded by asking the Court to
charge that if the jury believed tha
the hi-eing Of the wagon was done with
a fraudulent purpose, and with the IL
tent of converting il to his own use, 1t ,
Was Larceny before The law.
Mr.. Harrington contended that when
Miller hired the wagon he done it in +
good faith, with the intention Of re- y
turning il as he had promised, but wa. {
prevented from so doing by his horse
falling sick. He afterwards learned
that IA warrant had been issued for him 4
On another charge, and he was afraid +
~ come bac.. +,
The State had failed to show that he ,
took the wagon with fraudulentintcnt,
and their main witness, Raymond, had
admitted that when he seen the man in
the cells, he had offered to return the
wagon. n
The closing arguments were mad" by T.
Mr.. Walker for the defense, and Mr.. f.
Sharpley for the State.
The Chief Justice, in charging the ,
ury, said that this case turned on the +,
intent. 1t had been clearly y shown that +
The prisoner hirrd the wagon from NJ. n
Raymond and had not returned il. II 4
had also been shown that when h" wa, l.
seen by Mr.. Raymond aru /,
asked about it, he hah not ONLY dcni'd n
taking The wagon, hut also denied THAI
his name was Miller. These facts had
not been controverted by the defense.
II a man finds a purse upon the hItll- v
way, he has II rigni to pick II up, hut u
he knows, Or finds ont to Whom II 1"- q
ongs, ana seer Is il with the int nt on !,
't converting 1t to his own uon, Ii" /,
guilty of larceny. The law deals with !
lhe Intent, and If the Jury believed th"
The prisoner obtained possession of Ia"
wagon with the intention Of converting
!, to his own use, they must render IA :.
verdict of guilty but If, on the othol i
hand, they believe that the theory oi :,
lhc defense has been established, that "
he intended to return the wagon but
Was prevented from 50 doing, tnon they
must render a verdict Of not guilty The
Jury retired at 4.45 O'Clock and return E,
I'll al 5 80 with verdict OF gnl.ty f.
and he was taken in charge by tnt ohrr, rl
III, the sentence being deferred FOR the q;
Resent.
Ella I'rister, colored, convicted Of the
larceny Of a quantity of wearing aI'-
arcl from Catharine Mctircnna, was Il
brought in Court, and sentenced {" pay G;
ne costs Of prosecution, S2i restitution
money, and undergo an Imprisonment
u Three months -