The daily gazette., 1883-05-08
aEpRlNrEDFRoM YESTERDAY
MAY COURT.
Opening Proceedings in the Court House.
This Morning,

The Superior Court and Court of General
Sessions Of the Peace aud Jail Delivery of
New Castle county opened at 10 O'Clock
this morning, with Chief Justice Comegys
and Judge Houston on the Bench.
The Grand Jury was sworn in, William
NJ. Candy being appointed foreman. They
then retired to their room after beng in
structed In their duties by Judge Comegys.
The first case, was of the State VS.. William
B. jackson, indicted for maintaining a
nuisance at last term of court. Attorney
General Gray moved that u noile pros he en-
terered as the nuisance had been long
abated The witnesses in the case were ac-
cordingly dismissed.
The first case tried was that of George
Burton and Nathaniel Fisher, both charged
with the larceny OF IL chickens from John
II. Biddle. Their indictment was found at
last term of court
L. C. Vandegrift, Esq, counsel for the
prisoners, who was absent from the court
room when the jury was drawn, stated to
the Court that the prisoners had objections
TO three jurymen drawn on the case,
Vaudegrift, Swan and Clark, and asked that
they be withdrawn. His request was CON-
piled with and three others substituted.
Willard Salisbury, Jr., Esq, conducted
the prosecution for the State and explained
the case to the jury.
John G. Biddle, sworn-Live near Red
26th OF January went to the barn to feed
the chickens, saw the carriage had been
taken from the shed, also noticed q lot of
new foot prints in the snow which had fallen
during the night, went to where the chick
eus generally roasted, and saw that they had
been stolen; followed the tracks of two men
and a dog; had proceeded about 200 yards
across the field and saw where the chickens
had been bled; valued them at 81 apiece.
John Dover was the next witness CALLED
but his testimony was objected to by Vande-
grift upon the ground that lover was an ex-
convict. The record was produced but the
objection was oyerruled by the court.
His testimony was as follows Live near
Red Lion; was home on the night OF the
26th; Fisher and his wife boarded with me;
Burton came after clothing which my wife
washed for him; was something after IL
O'Clock when they left my house for Della
ware City; they had a small dog with them;
they had to 10 toward MIR. Biddle to go to
Delaware City.
David G Webb:--Am not a county con-
stable, but arrested the men at the sugges-
tion OF Biddle, who came to me on the 9th;
justice of st. Georges deputized me as a
constable to make the arrest; took the writ
and searched the house OF Fisher but found
nothing; tracked them from Bddle's house
TO the house of Fisher; there were only two
tracks at first, but they were Joined by
third evidently woman; was standing by
when Fisher made a confessions; this knife
(producing it) had blood on it; ] took it
from George Burton; heard Fisher say to
Dover John Webb knows all about it,
might as well tell all l know :"
and continued by saying that he and Burton
had stolen the chickens, which they had
atterward sold
The State here rested its case and L. G.
Nandegrift asked the court to discharge
Rnrfnn nF ant nj Nrfl nj, 81, .
the partial confession of Fisher did not i'm.
plieate Burton at all, further stating that he
wished to use Burton a witness. The
request was not complied with and after
addressing the jury for a few minutes the
first witness for the defense, Elizabeth Fisher,
was sworn and testiicd:-Am the wife OF
Nathaniel Fisher
The State here entered an objection to re-
ceiving the testimony OF the prisoners wife
and the witness was dismissed.
Jennie Miller was then sworn and testified
live IN Delaware City; stayed at the same
house with Burton and Fisher; remember
them being at the house on the 26th of Jan
uary; cid not see any poultry; would have
seen any poultry if it were brought to the
house; saw George Bur on wien he started
for the landlord to pay the rent of the house
could see into the gon and saw nothing
have known Fisher since he was a child nd
Burton for a number of years; know moth
ing about them.
Cross examined: Am not related to the
prisoner; they would have to go toward Chris
TUNA If they went to the landlord; did not
hear them say that they were going to Will
mington: they Ell after breakfast ana re-
turned after dinner; the wagon belonged to
Charles Washington; Burton was alone
when he left the house.
The defence here closed and Mr.. Sauls-
bury addressed the jury, saying the evidence
OF the defence does not prove anything con
trary 10 what was brought out by the State
To dwell on the case would be foolishness
as the evidence of the States witnesses wa,
very clear.
Mr.. Yandegrift said we are placed In ,
peculiar position. The prisoners in tn,
dock aIe not allowed to testify
the wife IF Fisher is not allowed to testif v
as cousel can only tell yon what they say
Inc only direct evidence that the State pro
duced is that of Webb, who says that Fisbe
confessed to him. Now Fisher SAYS to mt
and say to you, and you may take it 70
what 1t is worth, that he, Fisher, never sal,
what Webb'says he did say now and tina
Webb told falsehood. / don't say tina
Webb did but do say that he might have
made mistake; Dover says that when the
prisoners lett his house that they took the
shortest way to their home. At the last term
OF Coult they were not tried in February
aud they have been in New Castle since thal
tlme. The State have not connected Burton
with the case at all. If Fisher did make (
confession he did SO from fright, and there
lore, If he did confess he did so on his owI
word, to charge he never did. If both ar
guilty the State, hold, should not holt
them for greater penalty than they hav
already undergone as they have alread
served six months in Jail, awaiting tn
pleasure of the State. At the last session
OF the Legislature there was law passed
which gives the court the priyilep,
In eases OF petty larceny, of renting tb,
bodily punishment and Imprisonment.
therefore ask you to Scquit them or have
you recommend the4A to the mercy of the
Court.
The Court in its charge said that the iury
must Try the case in accordance with the
evidence and not on the statements of the
counsel. Circumstantial evidence must he
viewed with caution. With reference to the
confession the Court said that they mus
not place too much stress upon it from the
TACT that confession should come
voluntarily and not from a belief that In
making it they would be set free, If vour
minds are led to the conclusion that The
evidence is sufficiently clear you must re-
turn verdict oil guilty.
The jury retired at II Is and had NOT ra
turned at 20 when court took a recess.
The case Of the State VS.. George G. Raw.
mond, was postponed until this afternoon
at 8 O'Clock.
1he Grand Jury re-entered the court room