Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-09-24


out parallel in the history of this court
and he saw no reason why his reques
could not be granted. The amount O
bail would be lett entirely with the court
and would no doubt BIO sufficient /,
secure the prisoners attendance at tn
proper time. Mr.. Bird also quesdone,
the propriety Of an indictment beinl
found for murder by the grand jury az
term of the general sessions court.
Deputy Attorney-Generai Biggs, in re
ply, said the State would also have beer
pleased had there been court of oyer q
this term. He opposed the application
and in relation to the finding of the in
dictment by the grand jury, said Their,
was no court of oyer called when the jur,
was summoned in May, and the oour
would be asked ut the proper time, to de
eide whether the grand jury could prop
erly find an indictment for murder under
such circumstances
Acknowledgement Paynter held that tn,
application for a release ON bail was inter
dicted not only by the Inv, but by the
provision of the constitution, which pro
yides that persons charged with capita
offenses shall not be released on bal
where the proof is positive or the pre-
sumption great"
The court, after brief consultation
decided that they had no right to admit .
prisoner, charged with u capital oflense,
to bail, after the Indictment had been
found.
Nolle prosequi was entered in the case
of State VS.. Giovanni Seronimo and
Chritian Angelo, two of the italian rioters
arrested at Newark last November,as they
had been in prison ever since their arrest.
Argument followed npon the Fitz-
patrick Il McGurgan attachment cases,
which judgments had been obtained in
favor of certain railroad laborers en-
ployed by the defendants and the money
paid into court. s. A.. Macallister, ESQ.,,
counsel for George W. Stone, at whose
instance the foreign attachment was
issued, applied to have the Judgment set
aside. The motion was opposed by l..
O. Vandegrift, Esq, and the application
was refused.
William Butcher, colored, who was in
dicted for assault and battery upon Abner
Edwards, colored, with intent to kill, and
pleaded guilty of assault only, which
plea was accepted, was brought into
court, and Edwards testimony heard.
He said that Butcher assaulted him near
Market street bridge over the Ohristiana
and stabbed him in the left arm with
knife. There was no proyocation. Arthur
Brown corroborated his testimony, and
Butcher created much merriment by the
shrewd @and humorous manner in which
he cross questioned the witnesses and dis
puted their statements. Butcher was
sentenced TO pay fine of $50 and costs
and be imprisoned for one year.
State VS.. Isaiah Vaughn, colored, for
assault and battery upon Alexander
Wright, colored, in Appoquinimink hun
dred, on June 9th. Thomas Davis, ESQ,
for the State, and Harry Sharpley, ESD,
for the defense. Wright said there was a
fight at Townsend, during which he struck
Aleck Wolfer and Vaughn struck him
and bit a piece from his nose. Counsellor
Sharpley addressed the jury in a plea of
and produced testimony that
Vaughn interfered to keep Wright and
Wolfer from fighting, when Wright hit
Vaughn, bit off his thumb nail and also
bit two of his fingers. Then Vaughn bit
Wright's nose, in retaliation.
The case was submitted without argu-
ment and at 1910 O'Clock the jury re-
tired. After an absence of five minutes
: verdict of not guilty was returned and
Vaughn was discharged.
At 1925 O'Clock the grand jury came in
with several true bills and were discharged
until 3 O'Clock in the afternoon.
At O'Clock court adjourned until
o'clock, p. m.
At the reassembling of court at 3
o'clock in the afternoon, Deputy At
5orney-General Biggs stated TINT the
surety of William w. Walker, the prin-
,ipal witness in the McGinnis shooting
case, who had been held in 81 900 bail for
mis- appearance, had gone to Philadelphia,
md George M. Camperson had been sub
stituted. The change was approved.
The case of David r. Mahan, boy of
10 years, against whom there are two in
lictments for burglary, was continued
and his grandfather entered surety for
mis- appearance at next term.
Wilbur Reed pleaded guilty to charge
Of assault and battery upon Charles W.
Aldrich, and evidence was heard in order
10 determine the penalty. He claimed
hat he found Aldrich's horse in his corn
ield, and after much trouble drove the
animal into the barn yard. He demanded
l dollar of Aldrich for his trouble, which
was rudely refused, and the dispute and
assault followed. Reed was fined So and
costs.
James Kirk was arraigned on the charge
Of stealing seven switch keys from the p.
W. Il b. railroad on July 14th, and jury
lrawn. From the evidence Kirk took the
Keys, which he claimed had been given
aim by another man, to Melchoir's store
Ind inquired their value, and afterwards
sold them for 10 cents to Julius Krnuspe,
rom whom they were recovered by
Special Officer Jones. William Hukill,
III engineer, said the keys were stolen
from his coat, which hung in an engine
cab. The case was submitted without
and the jury, after consulting
about 10 minutes, returned n verdict of
guilty. Kirk was sentenced to pay $751;
money, receive 10 lashes ON
next and be imprisoned three
months.
james Lolland was arrnigned for assault
md battery upon Eliza A. Croft, with in
tent to commit an outrage. He pleaded
not guilty, and announced himself MS
ready for trial MS soon as his witnesses
bS blchGhb w bOhtps AANiig
Sharpley, Esq, is his counsel.
Writs of capias were asked for by
Deputy Attorney General Biggs for Thos.
q. Cnrty and John Whitlock of st.
Georges hundred, who had been indicted
for selling liquors on Saturday.
Isaac Roy, colored, pleaded guilty 10 a
charge of carrying concealed deadly
He said he came from West
county, Virginia, and was
ignorant of the law. He worked for the
late Randolph Peters, and having, as he
dangerous road to travel Mt
night, carried pistol. He was sentenced
to 10 days Imprisonment
Salvanto Albano, an Italian, also igno-
rant of the law, pleaded guilty to SINH
lar charge. He was sentenced to 10 days
hut at the intercession of
q friend this sentence was withdrawn and
IL fine of 1876 and costs substituted. The
was quickly raised by his friends
and he was discharged.
Martin Fl. Robinson was arraigned on
n charge of obtaining goods under false
pretenses, but on claiming the absence of
II material witness his trial was laid over
until morning.
The grand jury came in at o'clock
with another batch of indictments and
we're discharged until o O'Clock yesterday
morning, to which hour the court, ut 8, So
o'clock, adjourned.
Court met at 10 O'Clock yesterday
morning and, MS Judge Houston made his
appearance, there was full bench.
A jury was drawn to try Sewcll A.