Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-11-29

ioso VI hunphhu hDu rOu WDbn she arrived
at the entrance TO the corridor and she
entered IN hope aud in fear. Tremblingly
she descended the steep marble stairway
and in moment was before tho prisoners.
The sad aoepe left but little to ba told
in words; her husband called to her "to
be prepared for the worst" She stood
aghaSt for an instant and buryiug her
head 10 her hands, seemed frantic with
grief. With uplifted hands she mur.
INJURED something an If IN prayer, and in
pitlful tone cried, "Oh, God II
could only weep tears"
The wives aud cl.ild ard the prisoners
%ept together, ard their means and sobs
brought tears to the eyes of all who wit
essed the scene, and the prisoners in
the cola near by wepL like children.
AT 6,25 O'Clock on Saturday evening
The Lists we're taken to New Castle and
lodged IN a cell together on the lower
corridor. Sunday they were Waited
by their counsel, who with them held a
isngthy consultation. Monday they
we're brought from New Castle and placed
in the cell where the sad scene OF Sstur-
day took place, Here they will remain
until the question of new trial has been
settled.
Al the Saturday afternoon session OF
general sessions court on motion of John
Biggs, Esq, William McGraw and James
T. Smith, awaiting trial for larceny, were
di charged.
Attorney. General Gray stated 10 the
court that all the witnesses in the case OF
State vs.. Richard Spittal indicted for the
murder OF George ChristophersoD, mate
on dredger, in the river opposite New
Castle during the summer, had left the
State, and refused to return here and
testify at the trial. As the case was
called and continued from last term the
attorney general said he could not ask
tor further continuance.
W. g. Whiteley, Esq, counsel for
Spittal, asked that he be discharged
from custody. The court ordered his
release.
The case State vs.. Charles Jones, oolored,
indicted for assault and battery on Thomas
Eyans, ST., colored, of Middletown on
Nay 18th last was called next. The
witness testified that tine
prisoner assaulted him with a club and
knocked the use out Of his left arm for
several weeks. When told by Evans
that he would have to pay for the injury
the prisoner replied that he WAS willing
to pay So for the endowment of whipping
q niger, even If the pigger's head was
white ss sheet. The testimony was
by two other witnesses. The
testimony OF the defense from two OF
three witnesses was quite amusing and
kept the audience in roar OF laughter.
The court at the instance of the attorney
general instructed the jury to return a
verdict OF not guilty and the prisoner
was released.
George Hagany, alias "Slim Jim," sno
John A. Logan we're srraigned under the
provisions of the new law, as common
thieves Upon the prisoners request, stat
lug their witnesses were out OF the State,
Sc, their trial was postponed few days.
Court adjourned at 80 p. IN. until 10
O'Clock Monday morning.
Superior court opened Monday at
10 O'Clock with tbs chief Justice and as
socistes Wootten aud Houston on the
bench. On motion of K. G. Bradford
E,q John b. Moore was admitted Ia
practice in the courts Of this county.
Several minor matters, relating TO roads
aud the like were disposed Of, after
which the trial list, which had been by
agreement of counsel reduced to so was
called, and 80 marked for trial.
Walter S Hayes, Esq, commissioner
Ia the divorce case of Wall VS.. Wall, re-
turned the testimony to the court. William
c, Spruanoe, Eiq, presented the petition
of the wife OF Samuel B. Council for q
decree OF divorce with alimouy, and
asked that rule be served rpon the re
spoudent requiring him to show oaus'
Why he should not pay alimOny.
Sheriff Martin renewed his bond for III,
ensuing year in the sum OF $4,000, witt
J0hu Fehrenbsch, William s. Bullock
iieorge w. Vernon, John R. Mari enc
Joseph IL. Gould as sureties.
The attorneys being ready the case o
Thomas T. T. Clark va. William Bank
Esd John Moody was called for trial snt
jury drawn. The plaintiff was repre-
s'ntsd by William G. Spruanoe, ESQ,
aud the defendant by Alexander b
Gopper, B7q This is euit Iof tr4spass
alleged to have been committed b,
the defendants IN plOughinz up
fAld Of wheat which the plaiutii
claimed belonged TO him Since mutt wa
entered john Moody has died, and til
action Is now directed against Bank
atone. crop o. wheat i'll the groun
IN Nav Castle hundred was sold at ad
ministrator's sale in 1881 and bought b.
| Clark, who in the fall resolved it. Il
the ensuing spring of 1882 the groun
was rented to John Moody by WilliaJ
Banks, and the whest ploughsd n
" Banks order, by tie tenant Moody
hh- plaintiff claims that this plOughin
VISA uulagul, and that he had R RICH
10 ths growing crop Mr. sFrusnc
| claimed that under the laws of this Stat
| his rlieut was eutitl-d 10 damages. TIL
oase was pending when court adiourne
until O'Clock in the afternoon,
The superior court reconvened At
o clock Monday Afternoon and resume
proceedings in the case of Thomas r, I
Clark Va. William Banks and job
Moody, in the suit for trespass.
Elmer W. Clark was recalled, an
upon MIR, SpruGnos questioning him wit
visw OF asoertainipg his idea of tn
value Of the wheat crop pl0wed III
Mr.. Cooper objected, aud the court sui
talred his objection. DIR. Spruauce file
objections.
Witness testified that the crop shout
have been 400 bushels, worth S1.2o pr
bushel Banks cattle injured il OF
halt Witness said, in answer to 8 que
tiou Of the court, that ct the time the Gro
was injured he would have given for
$40 an acre, or $lG0.
Thomas t. T. Clark, the plaintiff
the case, 4wore that at the time the whe
was plOughed up he thought it woul
have brought SIS an acre at public sal
and did not think II would have yielde
anything lees than rs bushels to the acl
had it bsen allowed to stand.
MIR. Cooper cross examined the witneS
aud tried to show that the rent had bes
reduced from 5000 to $3.50 per year {
condition that hs would j OF use this
acres, which he afterwards planted
wheat The witness denied this.
Frank Moody, q son % the form
leasse, who previous TO his death v
one of the defendants, testified that viii
, ne lived on the farm with bis father NJ
Banks had told them that as he /
tended 10 plough up the wheat field, thu
had as we'll pasture their cattle and she
on it, aud tie wheat was pretty vi
: eaien down when they started to plouI
it up. The witnesa admitted on eros
examination that a large part of the fle
was infested with blue grass.
, David Mccoy testified to a conversatit
he had with Banks, in which he V
tuslly admitted giving Clark permissi
10 plant the l6 acres IN wheat.
Mr.. Spruanoe rested his case on t
close OF this witness testimony, but
t3eward expressed some doubt as
whether he had proved venue ii. g., I