The daily gazette., 1883-09-24
COURT PROCEEDINGS.
The Municipal Court y Sustained Two
Prisoners Acquitted

The Municipal Court Sustained Two
Prisoners Acquitted.
During the session of Court, Saturday,
City Solicitor Turner fled his exceptions to
the writ of eerttordrt Of the record of Jus
tice of the Peace John G. Cole, in the case
of William Frisby VS. Sarah Jane Tabb,
charged with assault and battery In this
case the defendant was arrested on a, war
cant on the 4th Of August and tried before
Squire Cole, who adjudged her guilty and
imposed fine OF % and costs, In addition
to requiring . peace bond OF 5000. The de-
fendant being unable to comply with the
sentence was committed and her counsel Sc
cured writ of ceytSoYarj to call up the
'Squire's record. The City Solicitor, wish
ing to test the Jurisdiction of Justices OF the
Peace over cases of this nature, filed his ex4
eeptions to the writ, ana thus brought the
matter before the court, who after consul
tation delivered the following opinion which
was read by Chief Justice Comegys /:
sin this case we are of the opinion upon
the errors adjudged that the Judgment be
reversed. The act passed at last session of
the Legislature (volume XVII, page 424,
chapter 2O7) to revise and consolidate the
s. atutes relating to the ciLy of Wilmington
creates new Jurisdiction, viz, the Municl-
pal Court, and to it is gwen by the fifteenth
section of the act sole and exclusive jurisdic-
tion to Inquire of, hear, try and finally de
termine all those criminal matters and
offenses enumerated in the fifteenth section
of the sixth article of the amended Consti-
tuition, or any of them, agreeably to the
laws of this State. By reference to that
article it will appear that the Legislature
has power to pass such provision of law,
and it will also appear that assaults and
batteries are part of those criminal matters
We are therefore OF the opinion that Justices
of the Peace of the city of Wilmington or of
this county have no longer any Jurisdiction
to try cases of assault and battery or any
other of the offenses named In the said
fifteenth section of the sixth article of the
amended Constitution.
The case of State VS.. Alexander Worten-
bury and Charles Lambson, colored charged
with assault and battery on j. Alfred Col
Inns, with intent to kill, was commenced.
Attorney General Gray conducted the
case for the State, and after recitlng some
of the facts that he expected to prove calle d
the first witness. = {s's 3sz=.4
j. Alfred Collins, sworn-LiVe at No. los
Scott street; have seen the prisoners at the
bar; on the evening of the 23d of June
went home between $50 and 1890 O'Clock
and was eating supper, when my wife
called my attention. 10 this fact that,
some one was tearing down an old. shanty
the building was; stayed there a few min
utes and then started home by the rear door,
Lambourn came running up with club and
said; "kill the So of a D." at the
same time striking me with the club; iWor-
tenbury and another man then antnrow-
ing stones; started to run, when Wortenbury
shot at me; the three followed me to my
back gate and fired stones at me all the time;
to the best of my recollection three shots
from pistol were fired at me. sf19u
Corroboratiye testimony was produced by
the State, but the defense established such a
strong abb, by testimony proving that the
prisoners were elsewhere at the time of the
assault, that The jury, without leaving the
box, returned verdict of "not guilty.p
The Chief Justice then dismissed the pris-
oneFs.
The case of the State VS.. David Hinson,
charged with firing the stables of Eastburn
q Brother, was continued until the next
term of court. l5#55jf 8H
The witnesses in the, cases of Mary Car
roll, charged with carrying concealed deadly
weapons, and Robert Sidney, charged with
highway robbery were discharged from
further attendance at this term of court.
Court then adjourned,