Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-12-10

CLAYTON and Mrs. cafdhefs mouse, on inc
afternoon of the occurrence. All testified
that he had a piece of meat in one hand
and black satchel in the other, Mrs.
Gardner also testifying to him having
these articles. The only discrepancy was
that some said he had on light straw
hat and others dark straw hat.
John Z. Bradley, constable of Queen
Anne'a county, gave corroborative testi-
mony. When questioned about his offence
Robinson said, The people around Clay
ton say 1 did it; was drunk, and if
did it do not know it.
The State here rested.
For the defence, Ezekiel Shaw testified
that when Mrs. Gardner came down to
| the saw mill after her husband, she
said she s'had been nearly killed by
| Niger" but did not mention the char
acter of the assault. He said she screamed
as she cal0s down the road.
Eugene II. Farrell testified that Orson
Gardner had told him the negro attempted
| to assault Mrs. Gardner, but failed in the
attempt because she managed to escape.
John Hackett corroborated this testi-
mony. Gilbert Chambers, colored, said
Robinson had on o dark straw hat when
he saw him. John Coppage, bartender
at the Clayton House, Clayton, said Rob
| inson was in the bar-room that morning
with another colored man, and acted in
such disorderly manner that he was
elected. John Wright of Clayton, testi-
| fed that Mrs. Gardeners reputation for
chastity was bad. Benjamin Money gave
similar testimony. Harriet Hicks, col
ored, the prisoners mother, said he came
TO her house, at Millington, the night of
Il N \ 10. ,aI Ahar oil mn VT
The defence here rested and the State
called Eugene r. Farrell, John Coppage,
| John Hackett, Joseph Walraven and
Ezekiel Shaw, who testified that they
never heard Mrs. Gardeners good char
acter questioned. The State then closed.
and court, at $50 o'clock, took recess
until 10 o'clock Tuesday morning.
During the examination of Major
Iodine, one of the States witnesses,
some merriment was accustomed by the
attempt of the defence to impeach his
character. The major is quite old, prob
ably rs years. MIR. Bacon asked him if
he was not in Jail once, and he said he
never was except when he was IL years
old, when he was putin Jail in Baltimore,
as runaway. Mr.. Bacon next asked
him if he did not refrain from voting
because he was convict, but the major
said he did not vote because he would not
pay any tax.
The session of court Tuesday morn
ing, was occupied by the arguments and
| charge in the case of State vs.. Robinson,
colored, indicted for q felonious assault
upon Mrs. Ella T. Gardner, on the Sd of
October last. Deputy Attorney General
Biggs opened for the State and spoke for
an hour. Walter Bacon. Esq, for the de-
fence, spoke for an hour and 20 minutes,
in an earnest plea for the prisoner.
, Attorney General Paynter closed for the
/ State, making another Of the logical and
forcible arguments that have marked his
conduct Of States prosecutions in this
memorable session of the oyer and
terminer court.
The prisoners mother sat in the court
room, within the bar, during the session,
7 While Mr.. Bacon was pleading for the
!: defence, her face was almost wreathed il
] smiles, and wore pleased and satisfied
!, expression, but when the attorney-gen
summed up the evidence for the State he
countenance changed, and most wofu
i expression chased away the joy that pre-
viously illumined her dark and shining
i features.
u MIR. Paynter concluded at 1.15 O'Clock
= and the charge of the court was Delivers
y by Judge Houston. The charge define'
! the legal meaning of the crime, and the
n dwelt at some length upon the question
reasonable doubt which might enter int
10 the minds of the jury as to the identity O
', guilt of the prisoner. 1t also stated tina
Is proof of bad character did not affect tn
Il nature of the crime, but is only above
q. to go before the jury to AFFECT the cred
r. bility of the prosecuting witness.
le At 1.40 o'clock the jury retired, I'll
e. court ordering dinner to be Furnished
u Court then took recess until 8 o'clocl
d, At the reassembling of court, at
u O'Clock, in the afternoon, the Robii
81 y son Jury being out, civil business was r
81 sumed, The first case called was Aarc
ly O. England VS.. William Forbes, Robe
~ r. Banks and James Martin, late sherii
DIS action of replevin, Hoffecker & Hoffeck
ny and Anthony Higgins, Esqs. for plaintiff
n. and Thomas Davis and Benjamin Nield
IN Esas., for defendants.
Nc j. ii. Hoffecker, Jr., ESQ, opened II
N. the plaintiff by the following statement
or the case: The plaintiff, Aaron O. En-
as land, resides and does business at Gle
Mills, Delaware county, Pa. In Apr
OF 1884, Mr.. Banks called upon him al
~ talked about getting lot OF hickol
nd spokes. He represented the firm as mt
as of financial responsibility, and arrang'
To- for two car loads, about 81 900 spoke
T., agreeing to pay for the same, after the
Or, delivery. in o note with an approx,
he endorser after which they were to becor
ne the property of Forbes IL Banks. A fe
e uo DAYS after the delivery of the last of u
,Ie smokes, Mr.. England came to Wilmingto
and learned that Forbes & Banks hi
I'm been levied upon by the sheriff.
on found their mill still going, however, al
Tx the spokes being used. He called on u
40 firm and asked for the promised note, b
at ne they respectfully pleaded their finance
a. difficulties and declined to comply.
learned that the judgment under viii
10 the levy was made had been entered
fore the arrangement with him, and Oh
lrt il was held by brother of Mr.. Banl
,b- of the firm. About 1000 of the spoB
rus had already been used. He learned IL
of the firm had bad reputation, and INN
Der diately went to the coroner and replevin
ng the goods.
Mr.. Hoffecker then called Mr.. Engla
kin to the stand, and the witness detailed {
be. transaction, Just as counsel had describ
an it. He said that on his replevin he
Ial- covered only 1900 spokes, and never {
ley a cent from Forbes & Banks. When
ous came to Wilmington he brought vi
of him Thomas Webb, his employee, to cot
ert out the spokes. He sold the spokes
,ph Forbes & Banks for 800 per thousai
tie; clear of the freight.
ton The Judgment of Edwin r. Banks
by Forbes & Banks, under which the exc
by ton was issued, the execution, levy o
mas writ of replevin, were next offered
de- evidence.
lam Mr.. Nields objected because the ju
an ment and execution were not against
len firm of Forbes & Banks, but against Will
dict Forbes and Robert r. Banks as II
lam viduals, whereas the plaintiff had testii
hal that his sale was made to the firm.
mes court overruled the objection and
,In, papers were admitted.
: by Joseph e. Martin, late deputy shel
The testified to the procedure against For
4 Banks and to the replevin of the spo
ohm by Mr.. England. Ex-Coroner Franz
luel Smith testified to executing and sers
PEN the writ of replevin.
ink; Mr.. Hoffecker offered in evidence o
avid in equity and the answer, filed Septem
iffy, 26th, 1884, of the Wilmington Mallei
ion Iron Company and William For
lson against Robert r. and Edwin r.. Bal
rey, He said he offered it for the purpos
showing that the firm of Banks u Fol
and was insolvent at the time of the tn
and action with England. :.
man MIR. Nields objected. The bill ana
l L.. IL x,,skI h ICo