Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-11-19

titled that the shoe shop conducted by
himself and his partner. at the southeast
corner of Second and Poplar streets, was
broken into last sunday night, and the
articles above enumerated stolen. He
identified pair of shoes as part of the
stolen property, and also pair of pants
which Morris was wearing WHEN he was
arrested, as his working pants. They
were full of holes, Morris having cut the
cloth out wherever any Of the wax used
in working was adhering.
Edward M. Lowden eorrobornted his
partners testimony in relation to the
robbery. and told how Morris was arrested
ON Market street bridge with Hader's
working wants on. John Manlove, when
arrested, had on the shoes which were re-
covered.
Edward G. Brady, witness WHO was
not present Mt the opening of court, and
who was brought uponan attachment, was
next sworn. lie is very deaf, and the
clerk had TO administer the oath in his
loudest tones, while the vocal powers of
the counsel were taxed to the utmost in
putting the questions TO him. He said
the prisoners came to his ccbbling shop,
No. 1903 Shipley street, ON Monday, and
wanted him to buy pair of rubber boots
which Morris had. He refused to buy
and cleared them out.
Joseph McCaulley testified to seeing
the four prisoners coming over Market
street bridge Monday morning. Morris
had on pair of gum boots and Manlove
the shoes that were stolen.
Police Officer John q. Gormley testified
to arresting three of the prisoners on
Monday. Manlove had on pair of
shoes which Hader identified as part of
the stolen property. Manlove told him
there were five concerned in the robbery,
and that he stood outside the shop and
watched while the robbery was being
committed. The witness was not per-
mitted to tell what Manlove said about
the others, as they were not present when
the confession was made.
Policeman George M. ID. Lopez testi-
fed to arresting Morris with Hader's pants
on. The pants were in good condition
then, Morris having cut the holes in them
afterwards.
The State here rested and Mr.. Davis, for
the defense, called Edward Lowden, who,
in answer to his question, said his knowl-
edge of the fact that the shop had been
broken into during the night was from
hearing testimony only, and not from
personal knowledge.
Mr.. Davis then addressed the jury,
claiming that the State had failed to
prove that the burglary was committed in
the night time, as alleged in the indict-
ment. Mr.. Biggs replied, claiming that
the evidence produced by the State,
although circumstantial in its character,
was sufficient to warrant verdict of
guilty.
The chief justice delivered the charge
of the court, and at 12.05 o'clock the jury
retired.
The balance of the general jury was
discharged until Monday morning next,
at 10 o'clock.
At lilo o'clock the jury in the burglary
case came into court and said that, while
they were satisfied as to the guilt of two
of the prisoners, they could not agree as
to the other two. The court advised Mr..
Biggs to abandon the case against the two
in regard to whom the jury were in doubt,
but he declined to do so. The jury again
retired, and at 1880 O'Clock reported a
verdict of guilty as to Morris and Man
love, and not guilty as to Wilson and
| Lewis.
Morris and Manlove were each sentenced
to pny $14 restitution money and costs
IF prosecution, OH Saturday next stand
I'll hour i'll the piliory and receive 20
ashes, and be imprisoned ono year.
Wilson and Lewis were discharged.
At l.35 o'clock court adjourned unti
Monday morning next at 10 o'clock.