Delaware gazette and state journal., 1884-02-14
FEBRUARY TERM OF COURT
THE REPORT OF THE DOIN6S OF
THE GRAND JURY.
Opinion Of chief Justice COmegys
on the Common Thief Act-fae u.
a T.. Loses.

When court resumed proceedings yea
terday afternoon week after the noon sd
journment, the large room was packed
with spectators. Two more witnt sses were
examined in the Springer case, the main
testimony having been taken at the
morning session.
The argument to the jury was opened
by Lilburn Chandler, Esq for the prose
cution, who was followed by Harry
Bmmons and William g. Whiteley, Esqs
for the defense.
Attorney General Gray closed for the
prosecution, aud made mastery address
to the jury, at the close of which they
were charged by Judge Houston and
retired at 5 20 O'Clock. They came in at
$50 o'clock with a verdiot for the prose.
cutiOn.
During the few minutes that the Jury
was out, Henry Turner, Esq, read
lengthy petition that rule should be
granted in the case OF Daniel MoBwee va.
John McCstfrey, to set aside a Judgment
obtained before a justice OF the peace.
Attorney General Gray called the case
OF tue State va. the Baltimore & Phila-
delphis Railroad Company, and the
court directed that jury should be
drawn to try it.
In this case it is alleged that the rail.
road company are obstructing a public
road in building the sbutments for the
new bridge across the Brandywine.
The State is represented by the
attorney general, while Levi c. Bird,
Bsq appears for the company. Imms.
distely after the jury were sworn they
were discharged until this morning.
M.
bury, Jr, Esq the trial Of Daniel Rear
den, Indicted for assault with intent to
kill, was continued until next term aud
his bail reduced TO 81 600.
The case Of the State vs.. John w.
Houston was discontinued, and the wit
nessea discharged from further attend
anoe.
At O'Clock court adjourned until 10
O'Clock Thursday morning.
At the openineof court Thursday morn
ing, the case of the Baltimore * Philadtl
phia Railroad Company, indicted for
obstructing a public road in Mill Creek
hundred, was taken up TOR trial.
The suit WAS brought by the road COM
nissioners and the facts are as follows
The Baltimore 4 Philadelphia RAILROAD
Company in constructing its new road,
finds it necessary 10 construct bridge
over road leading from Ne1ark TO
Stanton, known az the Newark road.
For the purpose of building this bridge
the company has constructed one abute-
ment, aud is about TO build another on
the public road which, 1t is claimed, will
reduce the width of the road from so to
IL feet and cause serious obstruction TO
travel.
Walter $. Hayes, Esq, who appears
with Attorney General Gray for the State
opened the case with brief address to
tine jury and then commenced the exami-
NATHAN OF Witnesses.
Several witnesses, including the road
commissioners, members of the levy
court and other residents of Mill Creek
hundred, were examined, all of whom
testified that If the sbutments are built
according to the lines as now laid by the
company's engineers, they will obstruct
the road and render 1t unsafe for travel.
When the State closed, Levi G. Bird,
ED, attorney for the railroad company,
UpeHed the Gaze to the Jury for the
defence, and claimed that the company
was only proceeding according to the pro-
visions OF its charter.
He said that he would show by the
witnesses that at present. the part of the
road used for travel ID not more than Is
feet wide aud was in bad condition on
account OF the water that flows upon II,
and cOntended that the plan proposed by
by the company would not only give oue
foot more Of roadway but, would aleo
render the road dry and much better for
travel.
Surveyor Richardson was sworn and
testified that he is employed as civil
engineer and has charge of the Delaware
a -. II. l.la Q N II
railroad
The witness had measured the bed of
the pnblio road where the company pro
poses to construct its abutments and
ioupd IL to bs but l5 sect wide between
the bitches.
The sbu,ments will be constructed with
slant OF one inch to the foot, and will
be- Is ieet high; the road bed betw. en- the
abutments will be- 16 feet in width, and
drained by means of covered water
courses he thought that it would in
"rease the width.
Two or three more witnesses were
examined, and court at l O'Clock
adjourned.
THE GRAND JURY's REPORT.
The grand jury presented its report to
the court, giving q brief summary OF it's
work during the year and making
several recommendations, as follows;
During the year Of its service it has acted
upon ~ bills. of which number S6 have been
returned ~ true and six ignored. Az this Is
smaller number than has been brought to
the notice OF grand juries ON many OCCASIONS
heretofore 1t IL to II certain extent q subject
of congratulatlon. There have been but two
bills for murder in the first degree both of
which related to the same occurrence and one
OF which upon trial before til court resulted
i'll convection
OF manslaughter there has been but one
true bill returned Of assault with intent to
commit murder five true bills have been re-
turnedi of assault and battery singly there
have been seven 20 far as concerns these
serious crimes against the persons OF others;
there are fewer perhaps than might be ex-
pected IN acounty situated III ours, upon great
land ana water highways, which must bring
large f)ating population, often vicious
one, and IN any case having little interest i'll
the Well-beluB of our people aud our inatitu-
lions, The rapidly growing city of Whining
ton doubtless attracts numbers of criminals
from other cities and presents an inviting
neld for their operations. We may well be
thankful that the record ID no worse. But
burglary larceny and kindred crimes, out
number any other offeuses aud constitute
nearly 90 per cent. of those for which true
bills have been returned, being in number 5l
out of u total OF Sc.
The grand jury has to complain, as has
been repeatedly done by their predecessors, of
the very trihing character Of many of these
cases. The costly machinery of committing
magistrates, grand juries, petit juries, and OF
the bench and bar must be put i'll operation
TO act upon case in which the total amount
involved may be rs or so cents Surely,
among people 30 practical az ours, some
way could be devised to afford full Justice
TO all by simpler method While presenting
this, however, We desire to call attention to the
increasing number Of cases Of highway rob.
berry and burglary which have been very fire.
quent during the past year. We believe that
III many cases these robberies are planned
and carried out by professional thieves from
other districts, and while we do not in any
way wish to prejudice a case which is before
the court, we desire to express the wish,
which we believe we hold i'll common with
all good citizens that some measures should
be adopted by which these common enemies
OF all the people might be driven from us.
The presence among Us Of such characters Ii
menace and fear to all and the nuisance
should be abated.
We desire also to call particular attention
to the result of a law recently passed against
the very reprehensible practice of carrying
concealed deadly weapons IA of the blls
presented related to this offense The grand
jury strongly hope that prompt action IL
these cases may result in diminution OF thii
useless and dangerous practice.