Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1884-11-25
COURT PROCEEDINGS.
PLEADs GUILTY Tu
MAN0LA UGMTE9 AND RE.
CEIvEu HIS 0HMTEACE.


>
Court re- assembled st 3 O'Clock on
Mouaay afternoon, with the Chief Jus.
Iice and Associate Judges Wootten and
Houston on the bench.
The case of John +. Speck, vs.. Fran
Gle Schsu, was resumed and Mr.. Chand.
lsr opsnsd his argument 70 tho fury
for the plAintiff. He commended that
his client would have been perfectly
willing TO pay the amount demanded
by Scbeu, II be bad delivered the pa
psrs according 70 contract. He spoke
about fifteen minutes and when he
closed the examination Of witnesses
for ths defense was commenced.
John X. 6peck was sworn, aud stated
that he 10 publ isher and advertiser,
aud that In September, 1883, Cody An.
finger came TO him and stated that the
Germans were about TO hold q volks.
fest, and that he would like to make
arrangements to publish q program. As
there was no othsr place but Mr..
Scheu's where he could get 1t printed
| In German, he made arrangements with
him to furnish 10000 copies for the
three days.
He was to pay soheu $50 for the pro-
grams, and Scheu agreed to write q
column Of editorial for each issue, for
which the witness was 10 pay ~ per
day additional, making altogether $66.
He was 10 have the first programs
by 8 o'clock Monday morning, the day
that the parade took place. but instead
of that, he did not get any until two
O'Clock In the afternoon, and during
the entire three days Of the volksfest
he did not get five thousand copies.
Ha rofusnA IN rSav thu hill hanau q
Seheu had not fulfilled his contract,
and he had never made any agreement
to pay 1t.
This was the only witness examined
for the defense, and Gustave Scheu was
re-. called. He testified that the papers
we're delivered to DIR. Speck about
lo'clock Monday afternoon, and that he
loaned him 10 cents to pay boy q
re TO take Them ont to the Park.
This closed the evidence, and the case
was submitted to the jury without
argument. and they retired at 3.5C
Io'clock Alter an absence Of one
Ihu our, they returded with a verdict in
favor Of MIR. Scheu for $40 43.
A jury was then drawn in the case OF
Thomas Il. Lally, Va. Andrew M.
Cloud. Harry Sharpley, ESQ.,, ap
pear.d for the plaintiff and Hoffe,keI
& Hoffecker, Esqs., for the defendant
This case was first tried before Squire
Bertoletts and judgment rendered
against Mr.. Laily. He appealed from
the ecision and brought the case to the
Superior Court.
Thomas II. Lally testified that he !.
in the real estate business In this city
Some time i'll April, 1888, MIR. CLOUD
put some property in his hands to sell
| ,xd hot Ia. haA rflu tun nlsa n p N q
ments 10 sell house on Washington
street to a Mr.. Gillespie, hut in june
before the sale was consummated, Mr.
Cloud took the property out of hi
hands, and that q short time after
wards he learned that Mr.. GILLESPIE
had purchased the property. He thel
claimed his commission, which Mr.
Cloud refused TO pay. His usual com
! mission was 2 per cent and MIR. Clout
sold the property for 5000, but b.
only brought suit for $l0c.
James McHugh testified that hs Ia |
clerk with Thomas II. Lally, and wa
present when Mr.. Cloud engaged hin
10 sell the property.
George II. Townsend testified that b.
Is real estate broker, and that 1t wa
/ a usual custom with brokers, whel
} property was placed in their hands, +
charge commission of per cent.
they succeeded In effsctipg o sale. MI
Cloud had also placed the property Il
his hands for sale. This was the las
witness examined for the plaintiff, an
tJ. II. Hoffecker, Jr., Esq., made
brief opening TO the jury for the ds
i, fense.
J Andrew NJ. Cloud was sworn, an
testified that in April, 1883, he ba
placed . property belonging TO him o
Washington street in Mr.. Laily'S hand
for sale, but previous to doing co. had
painted sign on the premises announcin
that it was for sale. This sign still r.
!, mained on the premises, and as b
y found that Mr.. Lally did not effect
sale, he took the property cut OF b
hands, but before doing 80, had learne
from his son William that MIR. Gillesp
wanted TO buy the house.
Albert T. Gillespie testified that b
first learned Of the house, No 400 Wasl
:. ington street, being for sale from M
y Cloud himself. The witness had e;
pressed his intention of buyi ing hous
and Mr.. Cloud called on him. He q
companied him TO examine some pro-
erty on Fourth street, but that did n
snit him, and Mr.. Cloud then took hi
to see the house on Washington stree
!. He bought the place, but did not kno
y at the time that MI. Lally had anythir
to do with 1t. After he had bought
Mr.. Lally called to see him about 1t, b
the witness could not recollect wheth
Mr.. Lally had ever talked with hi
about this property or not, but he d
remember that MI. Lally had spoken
Y. him about several properties.
This closed the evidence for the defens
and Mr, Sharpley recalled Thomas
Lally. TO prove that Mr.. Gillespie ha
said In Squire Bertolett's office that
first learned that MIR. Cloud had q hou
for sale from Christian Messick
Mr.. Sharpley offered several points
a law for the consideration OF the Jur
M and the case being submitted witho
argument, the iury retired AT Az
clock, but returned after al ab ence
ten minutes. with verdict In favor
tho defendant.
AT 52O O'Clock Adolph keith
was brought in the court and placed
q the dock, the court having previous
Ol opened In Oyer and Terminer. L
Chief Justice addressed him, and "a
that he understood as he bad be
tried, and the jury failed to agree, tn
his counsel had arranged with :
Attorney General to allow him to pie
~ guilty TO manslaughter. He said !
!ti Court had watched his trial with &C
siderable interest, and that 1t was 7
Unanimous belief of the Judges th
according TO the ev idence, he "
auilty OF murder in the second degr
but as he had resolved to plead Ruil
to granddaughter, without having
case tried over, they had determined
accept the plea. He then sen tenc
him to pay the costs of prosecution
II fine of a 900, and be imprisoned 4
years. At6 o'clock court adjourn
until 10 O'Clock this morning.