The daily gazette., 1883-05-09
AEpRlNrEp RON YEsrERoAY
COURT TO-DAY.
An Interesting Batch of Or miDal Case
Dtsposed of,

y
An Interesting Batch of Or minal Cases
Disposed of.
Court convened this morning at 10 o'clock
and proceeded at once to the consideration
of the work upon the calendar, Chief Justice
Comegys and Judge Houston on the bench
Frank Mullen was arraigned upon the
charge of stealing shoes from Michael
Clancy on March let, last. He pleaded not
guilty and asked for counsel to defend him.
In the case of the Stat VS. Samuel Long,
charged with the larceny of jewelry from
Harry Stoekley. Longs counsel, Harry
Sharpley, Esq, submitted a motion for
continuance of the case until the next term
of court. The motion was granted and the
witnessed discharged.
At this stage of the proceedings Wesley
Marr and Nathaniel Wringle, convicted yes.
terday for larceny, were brought into court
and sentenced. Wesley Marr's sentence
was that he pay the costs of the prosecution
and SO restitution money, and that he be
imprisoned for three months Ind receive on
SATURDAY. next ten lashes. Nathaniel
Wringle's sentence was costs of prosecution
S17 restitution money, that hr be impris-
oned for three months and receive ten
lashes.
George Miller, colored, was arraigned and
pleaded not guilty TO an Indictment, charg-
ing him with receiving stolen goods belong
ing TO the p, w. & b. Railroad Company.
His counsel, Francis N. Walker, asked
continuance for few days to allow time to
summon material witnesses.
Harry Emmons, Esq, counsel In the case
of the State VS.. John G. McGinnis and
Thomas Grimshaw, agents for the Singer
Manufacturing Company, charged with as
sault and battery upon Mary Mount, in at
tempting to forcibly take away the machine,
made an application TO have the Ease con-
tfnued until the next term of court,
upon the ground that a material
witness who lives in Pennsylvania could not
be gotten here in time for this term of court.
McGinnis taking affidavit TO this effect. The
Chief Justice instructed Mr.. Emmons to
have his witnesses here this week, which is
almost equivalent to saying that the case
will be tiled at this term of court.
Having consumed half hour in getting
ready, the case of the State VS.. Frank
Mullen, charged with the larceny of shoes
was called, and the jury empanelled. In
answer to Mullens request for counsel,
Messrs. Willard Salisbury, Jr., Thomas
Davis, Walter Bacon, Walter p.
Hayes, Esqs., volunteered their as
State was represented by Charles NJ. Curtis,
Esq.
Counsel for the State opened tine case by
explaining to the jury what they proposed
to prove, and called the first witness, Charles
4. Smith, who testified that on the night o.
March he saw the prisoner going along
Second street In suspicious manner. He
followed him and caused his arrest, when
the shoes were found in his possession. AT
terwards witness went along Second street
and saw that Michael Clancy's shoe store
had been broken open.
The witness was closely questioned by
Mr. Curtis, who was frequently interrupted
by the four counsel OF the defence who
interposed objections which were not sus
tanned by the Chief Justice. The cross
questioning was mainly by Counsellor
Davis, who conducted it in very vigorous
manner, but failed to shake the direct evi
dence of the witness. The direct evidence
and cross questioning consumed altogether
a half hour
Sergeant George Hatton testified to max
ing the arrest and Michael Clancy identi
fed the shoes as his property.
The State here announced thatthey CLOSED
their case, but again recalled the witness
This the counsel for the defense objected II
but the objection was overruled and he wa
asked the value of the shoes. After con
siderable difficulty it was ascertaiHed tha
Clancy valued the odd ones at half the valu
or 81, while the foHr pairs he valued at S.
pair.
Here the State closed.
Mr.. Davis in opening his case stated tina
their defense would be short, that the
placed their defense upon the ground of in
sanity, that their cliant was not competen
Tor the crime he was being tried for AM
called John Taylor who testified as follows
Am deputy Sheriff; am around the jail
good deal; know the prisoner; the prisoner
has always acted as an insane man, (givine
in detail his action while confined In jail on
Yarin@o occasions) sane man would moi
10 what this man does.
The State here recalled officer Hatton; who
said he Lad known the prisoner for about a
year, but had never seen anything. about the
man to indicate insanity.
All the evidence being in harles NJ
Curtis, Esq, briefly reviewed the evidence
as adduced aud asked that the Jury render {
verdict of guilty.
Walter Bacon, Esq, addressed the jury
baslng his defense altogether o. the prison
er's insanity and lack OF evidence to con
vict, making very strong plea for the dis
charge of his client. The associate counse
also made earnest pleas for the prisoner
AT Ito O'Clock the Jury retired and re
turned at l.20 with verdict of 'guilty.
At the suggestion of Mr.. Davis the jury wa
polled but to no effect.
The Grand Jury entered to the coui
room at 1875 and returned a number c
bills for the consideration of the court
CourC then adjourned until 3 O'Clock Z