Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-09-20

may issue out of this court directed to the
said David II. Coyle, requiring him to appear
upon day therein to be named, and to show
cause, II any he have, why an information in
the nature of a quo warranto shall not be
MED to inquire by what warrant he, the said
David II. Coyle, doth exercise the said Office
OF chief engineer of the water works of said
city, and your petitioner further prays that
leave may begranted to file such information,
| Accompanying this document were
afhdavits OF Fl. b. MoIntire, as to the
truth OF the facts reoited of Lewis
| Paynter as to the same, and that David
| IL. Coyle has since the 18th of May last
retained the office in question with Its
| appurtenanoes In defiance of the action
| OF the Water Commission and of Charea
j. Kyle, declaring that he was present
upon the ocaasious of the several de-
mands upon Mr.. Coyle.
After the granting of the rule of quo
warranto, jury was called in the case of
the State VS.. Henry Trusty, Joseph Caulk
and George Bayard, Indicted for larceny
Of chisels, hardware, &c from George
Hutchinson Of St. Georges hundred.
Willard Salisbury, Esq, for the State,
and Harry Sharpley, Esq., represented the
| prisoners. The court at O'Clock ad-
l
Upon the opening of court Tuesday
Joseph ]. Caulk, Henry Trusty and
George Bayard was resumed. George
| Hutchinson of st. Georges testified to the
larceny of tools, &c, from his building
in St Georges aud the finding of the
stolen tools in the hands of the
prisoners. The jury without leav-
ing the box rendered a verdict of
guilty. The prisoners were sentenced to
pay $685. restitution money, costs of
prosecution and to suffer three months
imprisonment, TO be whipped with 20
lashes and to stand in the pillory. At
10 80 O'Clock the grand jury returned
with several true bills and WAS
discharged until 8 O'Clock. Ben
jamin Marsh, Indicted for larceny
of the jewelry from Mira. John W. Todd of
Wilmington, May 18th last, pleaded
guilty. He was sentenced to pay costs Of
prosecution and restitution money to the
| amount Of $l34 rs; to stand in the pill
lory one hour, BIZ whipped with 20 lashss
and serve in Jail is months. John A.
James, indicted for larceny of pocket
book, money, &C., pleaded not guilty.
William McQuid, indicted for larceny,
pleaded not guilty.
The Superior Court and Court of
Quarter Sessions; Peace and Jail Delivery
convened at 3 O'Clock Tuesday after
noon.
The first business was the motion of
John c. Patterson. Esq, that an extern
sion of time be granted him as attorney
for Elizabeth Murphy in the attachment
case against the cestuy que use of David
buckingham x Co., until after decision
Of suit now pending between said
oestuy que use and his client.
The case of State vs.. Antonio Polite,
Joseph Week, Carlo Genio, Joseph Bolette
and Salvador Moreal, Italians, indicted for
assault and battery upon Annello Rubino
was next called. j. X. Bradford, ESQ,
appeared as counsel for prosecution and
Davis and Harrington, Esqs., for defend
ants.
Giovanni Casiglezio, interpreter, WAS
sworn and stood by the side of Annello
Rubino hearing his testimony and re-
peating in English to the jury. Aunello
Rubino lived in shanty near the new
Baltimore x Ohio railroad, two miles from
Wilmington where he received his wound,
| about 10 days ago. He said all
the men, about 70, quit work because
they wanted more wages, and came to
him telling him to quit work, to which
he replied, 81 don't want to-" then one
| designating the man by pointing him
out among detendants) struck him in the
mouth after being struck he picked up
| a stone and another OF the five took the
stone away from him (Rubino) man
| then called for knife and the same man
/ In oh i'm, i'm. ri tpit no
| then ran away to the shanty and thence
| to his family, who dressed his wound
he was cut with musta or clasp knife
the witness identified but one OF the
| prisoners as an assailant, Carlo Genio
| Antonio Polite took the stone away from
| the witness.
William Forsyth stated he saw the
crowd and identified the prisoners, giving
the proper names for the numbers.
| Calvin Burgess, sworn-Saw the crowd
and identified two of the prisoners as
among the strikers who attacked Rubino.
| Thomas Somers stated three of the
| prisoners told him that they were going
| to make Rubino and others strike, saying
at the time "$1 rs no good" that the
prisoners worked for Stewart & Son, and
Rubino and the others for Finnegan, a
sub contractor.
James Connick, sworn-Saw the fracas,
the strikers and believed that two Of the
prisoners were in the crowd but couldn't
swear they were.
Mr.. Harrington moved that the
prisoners be discharged because the State
had not proven venue. Court said that
the boundaries of the State were taken
notice of by the Court and ruled that
| venue WAS proven. 49,
The defense brought witnesses to prove
that the wound was made by others than
the prisoner, Genio, and done while the
prisoner was on the ground.
Thomas Smith recalled for the defense
said that none of the prisoners were
present at the time of tine woundipg,
although he did not know the wound was
made.
DR.. Shortlidge, testified that the wound
was of such a nature that il must have
been done from behind, the witness for
the State saying in was done from the
rear.
The grand jury made its return on
several bills.
Richard Spittsl was brought before
court and srraiged for the murder OF
George Christophersuu on board dredg
ing machine below New Castle on the
3lst of July last. The indictment set forth
that the crime was murder in the first
degree aud the prisoner plead not guilty.
William q. Whiteley will appear So at
torney tor the defense. The case was SGT
down for Friday next. Court adjourned
until 10 o'clock Wednesday morning.
Upon tbesopening of court yesterday
at 10 O'Clock, Messrs McCorkle aud
Manuel of the general jury were dis
charged. Mr. Bradford then opened foi
the State in the Rubino easa After re-
viewing the evidence be asked for the
discharge of Joseph Week and Salvatr
Mosral, the State failing to connect then
with the assault.
Messrs. Davis and Harrington, for the
defendants, held that while Rubino wss
assaulted the State had failed to conn c;
il upon the two defendants, and that
there was reasonable doubt of the con
nitment Of the assault by them upon
Rubino.
The Chief Justice instructed the jury
upon the prints of law. The Court said
that none of the Italians were designated
by name, and that the jury must identify
a man by his name as guilty of the
I assault before rendering verdict o
guilty sganst him.
| Tue jury after 20 minutes consultation
! in the case Of Rubino rendered a verdio
of not guilty as to all.
The Italians bowed their thanks and
LEI. the court room in GOOD spirits. They
were cleared because of the failure II