The daily gazette., 1883-05-11
COURT PROCEEDINas.
Other Gases Disposed Of-AdjOurnment
Until Monday

The jury In the case Of the State VS.. Pat
rick Lynch, charged with stealing pocket
book from the basket of Sarah e. Brown,
on February 10th last, returned to the conrt
room and rendered verdict OF guilty.
Chas. B. Lore, Esq, counsel for the defend
ant, Immediately gave notice that he would
make application for a new trial.
The case of the State VS.. George Miller,
for the e'lSrceny Of wagon from George H.
Raymond, was then taken up. The jury
was drawn at the morning session. Harry
Sharpley, Esq, represented the state and
called George II. Raymond, who testified
Live in Christiana; recognize the prisoner;
the wagon, valued at $25, was called
butchers wagon; was sitting in my bar
room on the 9th of March; the prisoner
came and asked to hire my wagon,
Newark; he got the wagon, but
never returned it; then made inquiry and
found that he had gone toward Middletown;
saw him in court yesterday morning, when
he said he would return 1t If would not
| prosecute him.
William Lewis, colored, sworn-Live in
Christiana; know the prisoner; saw Miller
at Christiana on Friday evening; Miller
asked me if he could hire wagon sent him
to Mr.. Raymond, who loaned his wagon
to Miller; helped Miller hitch his horse to
the wagon when he left; he left his old
wagon at Christiana.
John McCliDtock sworn-Know Miller;
| saw him at Christlana; he came to my place
| to have his horse shod; and also had his old
| wagon fixed; would not give my bill of re-
pairs (S1.75) for it; don't know any thing
about his taking Raymond's wagon.
| G. w. Currinder, sworn-Have seen Mil
Ter before; first saw Miller on Monday even
| ing, March 81; he. came to my brothers. to
have his horse kept over night; saw him
next day with his horse hooked to Ray
| mond's wagon: saw him again on on the
%; he was driving in a wagon; Mr.. Ray
| mond, who WAS with me, accused him of
keeping his wagon, but Miller denied being
the man Raymond wanted.
The State here rested its case.
| Austin Harrington, Esq, assist ant coun-
| sci for the prisoner, asked the court at this
stage of the case to instruct the jury that
| the State had failed to prove the intent OF
| larceny, and moved that the court instruct
| the jury to return verdict of not guilty
| Mr.. Sharpley objected.
| Francis NJ. Walker, also counsel for Mil
| ler' addressed the jury upon the ground
| that Miller was afraid to return the wagon
| because he was under the impression that
| there was a warrant out for his arrest.
The defense called Detective Jones to
| prove that a warrant had been issued for
| Miller's arrest for receiving stolen goods
| The defense here rested its case and Mr..
| Sharpley reviewed the testimony of the
| State at some length claiming that it clearly
established the fact that Miller hired the
wagon for the purpose of converting it to
| his own nse fraudulently.
Austin Harrington, Esq, addressed the
| jury upon the facts of the case, claiming
that to convict, the jury must be free from
i a shadow of doubt that Miller hired the
| wagon with the intent of stealing it or con
venting it to his own use
Francis NJ. Walker, assistant counsel for
The de ense, then addressed the jury, claim
| ing that the case was very slim on the part
of the State, basing his remarks upon the
| fact that no warrant had been issued in this
| case, but the indictment was brought be-
cause Miller was acquitted upon the charge
| of receiving stolen goods.
The closing argument by the States
counsel was very strong, and based entirely
| upon the testimony adduced.
The court charged the jury at 4.40. stat
ing that the case depended entirely upon the
intent of the prisoner at the time of hiring
the wagon. The question is, was his object
| at the hiring of the wagon lawful or merely
of stratagem for getting possession of the
wagon to convert to his own uses You can
only judge of the intent of the prisoner by
his subsequent actions. The law in this case
is as if had lost my purse and man finds
it but conceals the fact. He is just as guilty
of larceny as If he had taken it from my
pocket. The jury retired at 4.45.
Harry Emmons, Esq, made application
for the discharge from custody of William
A. Cummins who was sentenced at the last
May teEm of court to one years imprison-
ment, on the charge of bigamy, his term
having expired. The motion was granted
and the discharge ordered.
Ella Brister, who was convicted yesterday
morning of the larceny Of wearing apparel
from Margaret McGrenra, was brought into
court and sentenced to pay the costs of pros
ecution, S21 restitution money and be i'm
prisoned for three months.
Lewis c. Vandegrilt, Esq counsel for
Isaiah Taylor, convicted yesterday of the
larceny of meat, asked the court to be as
lenient as possible in the sentence, as Taylor
had assured him in words as expressive as
man could use that he was innocent of the
charge. This plea he made at the sugges
tlon of his client. The sentence imposed
was that Taylor should pay the costs OF the
prosecution and pay $3.50 restitution
money; suffer three months imprisonment
and be whipped, on Saturday next, with 20
Iashes.
The Jurors not empanelled in any case
were then discharged from further attend
anee at this court until next Monday morn
Frank Mullen, found guilty of the lar
ceny of lot of shoes from Michael Clancy,
shoe dealer on West Second street, was
sentenced to pay the costs of the prosecution
and S24 restitution money, besides being
imprisoned for three months and receiving
10 lashes on Saturday next.
The application of Lewis c. Vandegrift,
ESQ.,, counsel, Tor leniency in behalf OF
Fisher and Burton, two colored men con-
yicted of stealing chickens, was continued
under advisement until there should be a
, full bench.
The jury in the case of the State VS.. Geo.
Miller for stealing wagon of George ii,
RAYMOND, returned to the court room at
$50 and returned verdict of "guilty."
, The jury was tn IN discharged until Monday
morning at 10 o'clock, until which time SEN
tence was reserved
, Court then adjourned until 10 O'Clock
; Monday morning.
New Invoice
of children's lace collars, at Pyle q Lich'
tenstein's.