Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-02-05

Mr.. Carswell was recalled to the star,
and on GROSS examination denied tina
mcdurgan told him when he took Tia
money to pay the me- out Of his an,
ftz 1atriok's per oeptsge.
Officer LAfferty Of Phil delpbis testified
to the srrest Of MoGurean la Philadel
phts, and thst he had $l, 204 "a On him
Chief Of POLICE Roden baugh Of Norris
town testified to the arrest Of Fits
patrick In shat place. The prisoner sale
lie spent slo0 and gave his sister o., 400
The State then closed.
Mr.. Sbsrpley at once asked the court h
Instruct the Jury to bring In g verdict o
not guilty on the grounds that William
b. Carsweli, mentioned in the Indictment
was not the owner Of the money, bul
merely custodian, and also that there wal
no proof that the B. & P. Railroad Com.
pany was q corporation. Both motions
were overruled, as was also q motion by
MIR. Biggs to have Mr.. Fitzpatrick dis
charged on the grounds that the proseou.
sion had not made out case against him.
Michael Il. d. 6oanlan, the principal
witness for the defense and the clerk Of
the absoondipg contractors, testified when
Mr.. Richardson and Mr.. Csrswsll arrived
At their office he helped Mr.. Carswell put
the money in the envelopes. Mr.. MoGur-
gan arrived while they were doing this,
and requested that all envelopes adj
dressed 10 Mrs. Green be handed to MIN
which was done, as was also John Mo-
durgan's money, without any objection
from Mr.. Caiswell, who saw the
operation. He then corroborsted
the States testimony concerning the tax
ing OF the money by MoGurgan, except
that he said that the latter said when
taxing the sasohel: "We propose to
take charge Ct this money. It is ours
and we propose TO protect ourselves. The
money belongs to us, and we intend to
have 1t. You can pay the men with our
percentage" On being asked to repeat
his words he used estimate in place OF
percentage, and when again asked which
he meant, he said, percentage. This
percentage was 10 per cent Of the money
due the contractors, which was retained
by the railroad company to make the
contractors faithful to their work. The
amount oil percentage In the hands Of the
company at the time OF the trouble was
something over 81, 900, while MIR. sosnlan
said that the actual amount OF oaah due
ike laborers exclusive OF board and other
bills, which amounted to 81 800, was
between o., 100 and l,200.
On searching oroBs-examinstion by
Mr.. Gray, the witness said that Modurgan
when he took the money also said "Mr.
Carswell, don't like to offer you any in
dignity and am sorry that this must take
place." He also acknowledged that he
saw MeGurgsn In the house several hours
after the occurrence In the office. The
witness o0ntradiotsd himself several
times. AT O'Clock court adjourned.
Court convened at 10 o'clock yesterday
morning with all the judges on the
bench. Tie dock was soon filled with
prisoners for arrAignmsnt, and oonspiou-
GUS among them was the face Of William
Stewart, the alleged slayer Of Mrs. Emma
Murray, the victim OF the Church
street riot on last Christmas. He was
apparently Indifferent during the reading
of the indictment, which charged him
with feloniously Staying Mrs. Murray,
and he pleaded "not guilty" in firm
voice. Harry SharpleY, Bsq stated that |
he was counsel for Stewart, and at
present did not know when he would be |
ready for trial; he had Jet to procure q
number Of witnesses.
George Robinson and John Nicholson,
who stole rs chickens, two guinea hens
and one turkey from the farm Of R. |
Lewis Armstrong, week or two ago were
Arrsigned and pleaded guilty. They
were sentenced to pay the cost Of prose-
cution, s32 restitution money and be
imprisoned three months and receive 10
lsshes each on next Saturday.
Robert Brown, oolored, for stealing two
chickens from the farm Of Randolph
Peters, was sentenced to pay % restiiu.
tion money, be imprisoned three months,
and receive 10 lashes on Saturday.
On application Of Mr.. Sharpley, II. C.
Turner, Ksq., was appointed commissioner
IN the divorce case Of Rachel Mckay vs.
George Mckay.
The hearing Of testimony for the de-
!ense In the case Of Fitzpatrick and
McGurgan was then resumed,
William b. Lee when asked by Mr..
Biggs II Engineer Richardson did mot say
10 him "We can't do anything with
hese men, they took their own money"
'eplied he thought he did. Later, how
'ver, he said he did not think SO.
Mrs. Fitzpatrick, wife Of John Fits
patrick, testified that she saw MeGurgan
It her house between 8 and 8 O'Clock on
he evening Of the day on which the
alleged offsnse was committed. The
License rested at IL 25 O'Clock, and II.
1. Ward, Eaq, began his argument tor
he prosecution. He spoke half an hour
md was followed by Mr.. BigQs, who
inishel In half an hour. After Mr..
'hArpley had cited several cases, there
vas an adjournment until 8 O'Clock.
TIKI GRAND JURY's REPORT.
At IL O'Clock yes day the;grAnd Jury
anne into court and Foreman Charles G.
Ash submitted to the court its customary
md final report. 1t was read by the
Jerk, and stated that at the
present time the jury had con.
idered 80 cases, Blk Of which II
lad dismissed. The jury oould not
congratulate the county on the decrease
i crime, although most Of the cases had
,sen Of a trifling nature. The old and
lew almshouse had been visited. The
name department Of the old one was
while the new one was stated
o contain all the mod, IN improvements
md advantages. A conveyance or van
or prisoners was recommended
he jury heartily approved Of
he resolution 10 the Legislature to have
ONE system Of labor for petty criminals.
The company in which young criminals
re thrown In the jail Of New Castle was
Explored, and reiormatory institution
commended. At the conclusion OF the
eading of the report, the jury was dis
harged from further attendance at this
ERIN Of court.
A coL0RRD LAWYER IN COURT.
Considerable surprise was oCcasioned
n the court room Mondsy M raipg by the
appearance Of dApper, good looking and
Vell' dressed young oolored man, who
vas brought inside the rail by Councillor
William B Barton, and took seat. On
Investigation IL was learned that the
'isitor was 4 Molynelx Hewitt,
$50, OF the Washington bar,
md he wac accompanied by
ohm Shay, Eq., legal colleague of
he satne bar, but of til Can ,asian race.
heir mission is to defend William
'urner, Washington negro who was
eosntly arrested in this city for larceny
md carrying concealed deadly weapons,
md application for their temporary
admission TO the bar Of Nav Castle county
or this purpose will be made when the
'ase ia ready for trial,