Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-11-20

a number Of law propositions on which he
requested that the Jury should he charged
in the case Of William Morris oolored,
ON trial Tor keeping aud maintaining
gambling table at mis- residence In this
city. He also asked that the Indictment
be qusshed, and the jury instructed to
render verdict Of mot guilty, on the
ground that LothipR had bsen produced
TO show that the prisoner had kept or
maintained gaming table.
This was resisted by Mr.. Davis for the
State, who oontended that any table
became gaming table when 1t WAS used
| for that purpose, and cited number Of
authorities in support Of his position,
which was sustained by the court. M.
Davis then made briet argument TO the
Jury, and was followed by MIR. Shsrpley,
who spoke at some length, after which
Mr.. Davis made the closing argument for
| the State.
The Jury was then charged by Chief
Justios Comegys, that If they believed
the prisoner kept the table for the pur-
pose Of playing cards on 1t was gaming
table within the meaning Of the law, but
II they believed that the table was u led
| for other purposes, and that csrds were
only played ON that occasion, they must
render verdict Of not guilty. The
charge was concluded and the Jury re-
tired at a O'Clock, and at 4.25 returned
with verdict Of guilty.
A nolls prosequi WAS entered by
ATTORNEY General Gray In the case Of
Ferdinand Barnioo, indicted a. the
| september term OF court for an assault,
| with intent to kill an Italian.
A boy named John Thompson, was
arraisned and pleaded not guilty to an
Indictment charging him with the larceny
| Of pound of tobacco, from William Coke,
on the 18th Of October. .
Christopher Riley, one.armed man,
was srraigned AID pleaded guilty to the
larceny OF eleven pairs Of pants from
Nathan Auer on the Both Of October.
The prisoner said that he was 80 drunk
at the time that he had no knowledge Of
what he was doing, and the court, after
ordering the clerk to enter plea OF not
| guilty, continued the case until the
February term.
The case Of John Thompson was then
taken up for trial, With Thomas Davis,
Rsq,, for the State, and Walter Hayes,
Esq, for the defense.
William Coke testified that he keeps
tobacco and cigar store at No. 814 East
| Eighth street, and that on the 18th Of
| October the prisoner came In the store,
| and he afterwards missed the tobacco.
| After the prisoner WAS arrested, q part OF
/ the tobacco found on him was brought 10
the witness by the officer, and he iden-
titled 1t as his property.
He was oorroborated by his wife, Cath
crime Coke, and Officer And ew Moore
| testified to the facts OF the arrest. There
being no witnesses for the defense Mr..
Hayes made very Ingenious argument,
aud was followed by Mr.. Davis for the
State, after which the July were charged,
and retired at 8 05 o'clock. After an
absence Of 10 minutes they returned with
verdict of guilty, but recommended
him to the mercy Of the court.
William Morris, colorsd, convicted Of
keeping gaming table, was sentenced
| by the court TO pay the costs OF proseeu-
ton and fne OF 5000, and, in default OF
Henry johnson, ooloied, pleaded guilty
TO carrying concealed deadly weapon,
and WAS ntspced to an imprisonment Of
10 days
james Jones, oolored, plesded guilty t,
| committing III dshhult anu battety Va
white boy named Villa d Austin, st
oolored camp nesting last sumner, and
was sentenced to pay the cest OF prosecu
tion, aud foe Of 49,
John Thompson convicted OF the
larceny OF q pound Of tobacco, was sen
fenced to pay the cost Of prosecution, 80
cents restitution money and be Imprisoned
thres months. Chief Justice Comsgys
said that ou account Of his tender years
sud the fact that he had never been be.
fora this court, he would remit the lashes.
at 80 O'Clock, court adjourned until 10
o'clock Tuesday morning.
The court Of general sessions met
at 10 O'Clock Tuesday morning, and
John Pufnsll, q travelling musician, was
indicted on the charge Of carrying con
cealed deadly weapons. He pleaded
guilty and was sentenced to pay the costs
Of prosecution and be imprisoned for 10
days.
The court then sat idle until IL O'Clock
when the grand Jury came in and after
presenting bills WAS discharged until .
O'Clock this afternoon.
Isaac Hayden was put in the dock and
charged with stealing watch, valued al
432, from Patrick II. Flynn on October
stn. He pleaded not guilty, and asked
that he have time to get witnesses.
John Fitzpatrick and Michael McGur'
gan, the defsultips contractors Of section
No. 20 Of the B. & P. railroad, were next
brought in, charged with stealing from
the Baltimore & Philadelphia Railroad
Company on October 23d, the sum OF
90, 096 95. They both pleaded moi
guilty. McGurgan was represented by
Harry sharpiey, Esq., and John BiRgs
E.q said he represented Fitzpatrick. Or
! application OF Mr.. Sharpley the cou't de
oided to have the money, over 81 600
, taken from McGurgan upon his arrest BY
Chief Mcdonnell, mads subject to thu
q COURTS order also, that certain paper
! taken from the accused be delivered 4
i the attorney general subject to inspection
by the counsel for the defense, and tina
Mcaurgau's watch b. given back to him
The trial Of the case, owing 10 absence
Of witnesses for the defense, was con
tinued until the February term and thei
| mn anah Honrf that