Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-09-27
assigned to defend him. At O'Clock

assigned to defend him. At l O'Clock
court adjourned till 3 p. IN.
The case Of State vs. Joseph Price and
Otley Dumpson, oolored, indicted for
assault aud battery on Charles Brown At
bchue,xen Park In June last was called
for trial Several witnesses were sx
sminsd for the prosecution aud defense,
and the case without argument went to
the Jury, which had not sRreed upon a
verdict when court adjourned.
The Court adjourned the Court OF
Oyer and Tsrmine- until the 18th o,
November. with the jury, in order to
avoid letting Spittsl out ON bail
Upon the Opening Of court Friday
afternoon City Solicitor Turner moved
that Al Argument upon ceftiorari in the
oaaa Of Sarah J. Tabb VI. the State be
taken M at thin term OF court. Hs held
Tint IL was great loss to the city u
have the mst.sr in allegiance. He thought
that the justices OF ths peace u ras"4 Of
asasult and battery should have no juiis
dictiOn 81 a law hal ban ptasod giving
| Jurisdiction only IN tAs muuicip pal oorri.
and II the e7prt should iseida tbs oase
at once, they II wonld savA tie city
| aeverRl, hundred dollsrsin thu way Of f.es.
The Court requested Mr.. Turner to file
BIS exceptions, and II 0onld tAks the
instter up at once, The special jurors
were discharged.
| Stats VS.. James Jordan, indicted for
highway robbery, pleaded suil,y to the
larceny of an Iron saucepan, which was
aooeptsd by the State, W. Bacon, ESQ,
counsel for the prisoner, asked the mercy
Of the Court In his case. Jordan was
sentenced 10 three months imprisonment,
to pay oostS Of prosecution, restitution
money, and bs whipped With 10 lashss.
Benjamin Nislds, Esq, filed Q petition
for the distribution OF money paid into
the hands Of tho sheriff In Ii. L. Tatnnll
q CO. . settlement.
| stats We. William Brown, charged with
the lsrcsny Of two 800 national bank
notes, Vas next called. Lilburnn Chand-
Ter, Bsq., represented the State and Ii
II. Ward and Francis Walker, Esqs., the
| prisoner.
| Charles Hoffman teatifsd that on the
10th Of last Juno he engaged the prisoner
| Willism Brown and others to assist him
moving goods from his home in Head
street 10 Warmers wharf; that the
| weather being wsrm he hung his vest
| on the wall up n.sirs; It contained five
| 800 national bank notes. Whou count
ing his money that night he noticed the
loss Of two of the notes and
irssedistely gave notlce to the polise
to arrest William Brown a. he
WAS the only one who had been upstairs
with him (the witness) |; the prisonar
was left alone upstairs the notes we're
misc; thoy were genuine received them
from tho First National Bank thoy
were worth 900 each the house 1, in
this city and county know \ national
bank sote (witness was shown silver
notss end greenbacks and recognized
them y the prisoner offered $50 to let up
on hin offsrei TO take e160 TO get
confession from him the notes were
mine.
Mysr Myers testified to Brown Offering
him one hundred dollar national hank
nots IN payment for pants said that the
notS WAC genuine and accepted by Mr..
Peoples at tho Union Bank OF Whining
ton 4; 1t was tho 10th OF June.
Isaac Stratus positively identified
Brown a. the man who came TO myers'
store; Brown told witness that james
Tslley, 3 f.raer, gave him she note.
Officer chthcart testified to the arrest OF
Brown at Sirsus' notice; OF Brown
giving several accounts for hih possession
Of the note; OF their untruthfulness and
inconsistency; and OF Brown denying that
he worked on that day (l6th) for Holt
man.
Charles and Alexander Jarret swore TO
Brown being at work with them for Holt
man on the 18th of July; also oorrobo-
rated former testimony.
George Bsysrd was called for the de-
fcnse. He oontrSdicted rome Of uo.tmIn's
testimony. The State proved Bayard's
conviction of larceny and his incarcera-
ton IN New Castle jail
Chief Hawkins was next called upou
TO testify, but the counsel ,or the
defense not having laid proper grounds,
he could not do so, Mr.. Ward asked
this Court to instruct tho jury to render
verdict of NOT guilty for the following
Toseons First, that tho prosecution
must show that the notcs had nlarkataa.
would distinguish them from all Olher
notes. Second, that the notes must be
proven genuine by expert testimony
Third, that no sdmissionS were made by
the prisoner that he had torn the notes.
In reply Mr.. Chandler argued that it
Was only nnoesEsry to provo thst tho
notss we've Of some value that proof of
their genuipensss wss shown by Holt
uhhn tSstluuuy W tHN eHtGL tusL ne re-
oeived them from national bank and
that Mr.. Mysrs had presented them to
Cashier Peoples, who aooeptsd them
and that the offer OF Brown to settle for
eco was an admission Of wrongful saking.
After further argument the court
oTsrruled Mr.. Wards motion.
The defense then asked the Court to
instruct she Jury that a taking OF the
- .,,H
circumssantislly, Tho Chief Justice
reviewed tho testimony and Law IN the
cass and 1, vas then submitted TO the
jury.
The jury after 80 minutes oonsults-
ton returned with q verdict Of guilty,
and Brown vas sentenced to pay 5000
/ restitution money, coats, be imprisoned
ak months, and on Saturday reobivo 40
| lsahes.
Beujsmin Harris was offered by Mr..
Bacon ss bail for Charles Lsmbprn in
dictsd for ahssult with intent to hill, but
HArria making contradictory statements
IS TO the vklus of h's estates, Mr.. Grey
would not acospt him, and Lamborn VIVA
ooahnsd 10 his cell.
Tho Superior Court and Quarter ses-
siona commenced Saturday morning at 9
with Chief Justice Conrsys and Asso-
cis.o Judges Woottsn snd Houston on
the honch. The case Of J, Hwood Black,
n hsbess o,rpus, was taken up. n. q.
Bradford, Jr., Esq., fos the petitioner.
Charles B. Lore, Esq., for the creditor
Mr.. Black 10 q citizen OF Psnnsylyaris
and was taken upon oapsss nd respon-
dendum.