Daily Republican., 1883-09-24
IMPORTANT DECISION.
"a OF ASSAULT AHD sArrEnx
nE HEARD BEFORE TINE
MUyIClPAL C0UBf.

!. or A AssAULT AuD DATrEBx y
n nE HEARD BEFORE TINE
MUSIClPAL CoUnf.
scisiop was obtained in Court Sat.
afternoon, concerning the right
.,ices of the Peace 10 try cases Of
n and battery and other offences
nned in the 18th section of the 9th
of the amended Constitution.
matter was brought before the
in the following manner
the list day Of August William
y swore out a warrant before
y Cole charging Sarah j. Tsbh
having committed an assault and
" on him. The defendant was
I'd. and the case heard before the
S1uire on August 4tb, and she
diadged guilty. She was sentenc'
nav fine of s. and costs, and fur.
mi in the sum of $500 to keep the
counsel entered q writ Of certorari
Souire's record on the following
s:
That the Justice had no juris-
/ to try and determine the assault
Sttery alleged to have been COM
by the said defendant below,
" record discloses that fact"
That section 15 Of an act en-.
'An Act to revise and cOnsOli-
be Statutes relating to the city
Wilmington passed by the
n Assembly of the State OF
are at Dover, April Is, 1883,
n the Municipal Court for the
Wilmington, sole and exclusive
iction to inquire Of, hear, try and
determine all the criminal mat.
nd offences enumerated in the 18th
n of the 9Th article of the amend.
Institution, and committed in the
Wilmington.
he record sent up by the said Jus.
scloses that the defendant below
ied and adjudged guilty by the
ustice of the Peace of assault and
v, one of the offences enumerated
said 18th section of the 9th article
amended Constitution, which said
and battery, the record Of the
ustice of the Peace further dis
was committed within the said
Wilmington, after the passage OF
ID act of the General Assembly,
& sole Jurisdiction as aforesaid, in
unicipal Court for the city Of
lngton."
Solicitor Turner made applica-
Friday to file exceptions to the
writ, and was given until 10
Saturday morning to do 10. As
Court opened fin the afternoon,
Union was read by the Chief JUS
follows
this case we are Of opinion, upon
|Ors aljudged, that the Judgment
trsed.
e act passed at the last session
legislature, (vOl. XVII, page 424
2O1 to revise and consolidate the
Is relating to the city of Will
On, creates a new jurisdiction,
he Municipal Court, and to it is
by the 18th section of the act, sole
Fclusive jurisdiction 70 inquire Of,
fry, and finally determine all
criminal matters and offences
rated IN the 18th section OF the
lce of ,be amended Constitution,
Of them, agreeably to the laws Of
tate,
reference 10 that article it will
that the l. ,gislature has power
such a provision Of law, and 1t
so appear that assaults and bat.
are partOf those criminal mat
: are therefore of the opinion thai
Is Of the Peace Of the city Of
ngton, or of this county, have nc
any Jurisdiction to try cases OF
and battery, or any other of the
$ mentioned in the said
h section Of the sixth article OF
nstitution."
10Th section of article q of tht
ed Constitution referred to in tn,
decision reads as follows: "Th,
Assembly may by law give Il
Terror courts by them to be Ct
ed, or TO one or more Justices 0
pee, jurisdiction of the crimina
following; that is to say, as
ahd batteries, keeping without
apublic house of entertainment
I'M, ale house, ordinary or vic
= host, retailing or selling with
(conHe vine. rum, brandy, gin
oY HpiriiuUus or mixed liquor
TO law, disturbing camp meet
I'D Tor he purpose of religion
p, disturbing olher meetings fo
pose of religious worship, nui
horse racing, cock fighting, an
( matches, larcenies COMMITTEES
groes or mulattoes, and tn
ol knowingly buying, re
or conceallng by negroe
hnIailocs Of stolen goods
ms the subject of larceny. Tn
Asst mhIy may by law regulat
ftiSdlciion, and provide that tn
lungs shan be with or witholl
ntAt by grand jury or trial b.
lry, and may grant or deny tn
W. d appeal to the Court c
Sessions of the Peace. Tn
5 "i'hn this section shall bt
. hereby excluded from the prt
o' the Constitution that IN
shaIi for an indictable offence b
lea against criminally by info
and also from the provision
constitution concerning trial b
l'as last seen alive shortly befol
clock, when he went throug
'eoi John G. Cole, Justice of II
which communicated with h
pehts, spoke cheerfully as /
INTO his own Office and locke
DF' which was no unusual occu
Mr.. Nole heard no unusu'
AMI supposed that the doctt
ne out Young Parmalee arri'
.ae doctor's office at 4 p. m,
-, tne latter had wanted an
'ne front door closed, but NJ
ne walked in az usual an
oh The floor with his cane to a
" Doctors attention If he was
0n 0n room or in Squire Coles offic
my satdown to wait, but seeir
,ue Partition between the tw
Aa1 y. recently been changed, wei
a. 'he re- arrangement and W
so ~ 70 see his friend hanging by
'ope 10 a hook on the board pa
4 a AS there WAS no movement