Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-02-12
: rHH COUNTY ooURrs.
Close Of tine Criminal Court-Wil-
liam Stewart Declared Net Guilty
HmDArl0r Court.

session Of court was spent in hearing tn
argument Of Harry sharpley, Esq an,
Attorney General Gray in the FizpHtriol
and MoGurgan case. Mr.. 6hsrplsy ap
pealed more TO the sympathy Of the jur!
than he argued on the evidence, an,
made As . poin. that the prisoners tool
the money because they believed tn
company owed them.
Mr.. Gray said an acquitisl on the
ground would DO an awful precedent, snt
would open q gateway through wLiel
would How q volume OF crime.
At 8 O'Clock court adjourned unit
Thursday morning, when the jury wa
charged.
On the opening Of court Thursday
Chief Justice Comegys charged the jurJ
in the oass Of Fitzpatrick & McGurgap
The charged occupied about half an hou
and the jury retired at 1870 O'Clock I,
make up their verdict. The Jury returned
vt IL 40 O'clock with verdict Of guilty
but recommending tine prisoners 10 tn,
mercy Of the court. As the prisoners
arose their faces betrayed some emotion
They were ordered to pay S400 restitution
money, double the amount sought to b,
recovered by the railroad company AND
sentenced to four months imprisonment
The court charged that no corporal pun
ishment should be inflicted upon the
prisoners.
The verdict Of the Jury WAS \ grea,
surprise, inasmuoh as the courts charge
was regarded by the members Of the bal
10 be favorable to an aoquittAl.
On motion Of Harry 5narpley, Esq, the
court granted q decree confirming the
award in the divorce oass..of John l. Viii.
Hams va. Hannah williams.
John Woods pleaded guilty to the
charge Of assault and battery on William
Warren, at Dogtown. otherwise known ss
Wilson's Corner, in Approximately hun
drsd, on November 29Ih last. He wac
sentenced TO pay fns Of $20 and costs,
and be imprisoned three months,
A jury Was drawn TO try Edward John
son, oolored, for the larceny Of . gold
watch and chain, valued a. s176, silver
watch and chain, &l6, &66 in gold, two
pistols, o. SO, two pocketbooks, s6 and 3
needle case valued 81 SO cents.
Mrs. George Bacon, the prosecuting
witness, testified that the prisoner stole
the money. Johnson, who had no at,or-
ney, then stated TO the Jury that Mrs.
vailed on him to take them and leave the
house, promising to meet him some time
aiterwArd at Sixth and shiplry streets.
While waiting for young BAooa's arrival
at the point named, he was arrested by
Officer CathoArt. The jury retired and
after Eve minutes returned with . verdict
Of guilty. He was sentenced to pay
el48.30 restitution money, three month";
imprisonment, aud to be whipped with 10
lashes on Saturday next. J.Frank Biggs,
Rsq., conducted the prosecution.
Robert Howard, the ID year old oolored
lad charged with entering the house Of
Mrs.. Caroline W. Sherwood, 81 No. 800
Church street on January 27Ih last, with
intent to commit larceny, was next tried
Mrs. Sherwood testified positively that
she saw Howard up stairs In her house
under bed, and . trunk, belonging to
her son, broken open. She said that she
also missed q b.cent piece from her
money drawer.
Walter Bacon, Esq, for tue defense,
endeavorsd 10 prove an alibi. Mrs. How.
ard and her daughter testified that TWAS
noon when the alleged robbery took
place, as they were called over by Mrs.
Sherwood at the time OF the thiei's flight
Sarah Jane Benson and Samuel BlAoAis
ton, the prisoners au 1t aud cousin, testi
fed that Young Howard was al Mra.
Benson's house, No. 832 Tatnall street,
from about IL =. m. to p. m. on tn.
day OF the robbery. The case here rested
until the aneyn con session. At O'Clock
q reoels Of two hours WAS taken.
At the opening Of court in the after
noon, the case Of Robert Howard, oolored,
WAS submitted to the Jury after arRu
ment by tie counsel. The jury returned
in few minutes with q verdict Of moi
guilty, and the prisoner wac discharged,
Walter Bacon, Rsq fol- defense.
Levi Purnell, oolored, charged with the
larceny Of four chickens, from Lew
Chew, was found guilty and ordered TO
pay "a SO restitution money and the
costs OF the case and sentenced to three
m,nth's imprisonment and 10 be whipped
with 10 lashss on Saturday next.
William MoGrann, q neAt-lookins
young man about 20 years OF age,
charged with the larceny Of some pro
visions valued, in all, at $40 70, from
Knos G. Millhouse, In this city, on De
oember Both last, pleaded not guilty, AND
at the request Of his counsel, W. B Bar
ton, Bsq, his case was continued until
to-day.
John Riley, charged with the larceny
Of An overooAt and q pair Of gloves from
Benjamin g. Clark, . oleik in the ga
office, was found guilty by the Jury with
out leaving the box and ordered to psy
the costs and 500 restitution money, to bt
imprisoned three months, and on SAtuT
day next be whipped with 10 lashes.
Henry Trusty, colored, pleaded not
guilty TO the charge OF the larceny OF $50
worth Of jswelry and clothing from thu
store Of Kaufman Sondheimer on January
10th Last The testimony in this case
had not all been taken when court ad
journed ct 6 o'clock until Friday morning
When court rsoonvened at 10 O'Clock
Friday morning, two witnesses were ex-
amined for the prosecution In tie case OF
the State Va. Henry Trusty, charged with
robbipR the store Of Kaufman SOndheim4r
It was given to the jury without Arsu
ment and, after few minutes delibef
alton, 1t returned verdict OF guilty. H.
was sentenced to pay the costs Of prose
cution, $24 25 restitution money, ont
years imprisonment and on Saturday
next stand one hour in the pillory and be
whipped with 20 lAshes.
trial on the charge OF stealing
10 pounds Of butter, 80 pounds
Of beef and IL pounds Of mutton FROM
the market wagon of Eooch G. Mellhouse
on the night Of December 30sh. Lilburne
Chandler, Esq prosecuted the case and
William Barton, ESQ acted as counsel
for the prisoner. Mr. Barton tried "a
prove an alibi, but failed, and, after q
half hours elaboration, the jury re
turned verdict Of guilty. The prisoner
was sentenced to pay the costs Of prose
cutiop, sl7 restitution money, be i'm
prisoped three months and be whipped
with 10 lashes.
The next cas- called was that Of the
etat vs.. Caleb B. Kelley, charged with
assault upon Sarah A Davis. Harrl
Shsrpley, Bq, was counsel for thu
defense, and L. C. Vapdegrifs, Esq 70
the Stats. She was called to the stand
and testified that at her husbands store
10 Black bird, on last Saturday week h
interfered In fight which the defendAn
was about to have with her husband
Kelley rushing at her and striking
blow at her Her husband then kDooke,
Kelley down. Her husband, Robert
Davis, oorroborsted her testimony.
Court adjourned At O'Clock until
O'Clock In the afternoon.
During the morning, witnesses In th
case Of the State vs. Christopher Angel
and Girari Scavoni, the navvies who 81
saulted Deputy Sheriff Chambers on SCI
tion az, near Newark aud In the case Of th
State VS.. Henry Fortune were discharzt
from any further attendance at this tern
Upon courts RECOMMENDING At o'o,oo