Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-05-13


aud offered TO sell il TO him cheap.
| Edward @. Hanf, jeweler, testified tina
Boldly purchased the watch from him il
July last, and the State rested. Cour
then adjourned until 10 O'Clock Tuesda,
morning.
During the afternoon the special jur.
drawn for the Davis trial was discharge,
from any further attendance.
AT the opening of court, Tuesday
the trial of Stephen II. Burleigh, charged
with the larceny of watch from s
Lloyd Boldly, was resumed.
Captain Edmund Mitchell, who was il
charge of the industrial fair at which
Body, Burleigh and Weston were ex
hibitors, testified that Boldly was prett.
much under the influence of Iiquo
during nearly all the time the fair was il
progress.
Sergeant Harry @. Taylor of the cit,
police force, testified that Boldly came Il
the police station and said his watch hat
been stolen by four men ut the SwaI
Hotel went down to the hotel and fount
three men there, who were taken to tn,
police station and searched the men die
not object to the proceeding and wer,
willing to be searched; Mr.. Boldly wat
not sober when he came to the station
Boldly did not accuse Burleigh of til,
theft, but laid the charge to tall mar
who was one of the party.
Ezekiel HUM, Esq of the Philadel
phia bar, said he knew the prisoner, and
that his reputation in the city for honesty
was unquestioned.
Edward s. Bloom, Benjamin Hunt
Stillman Willis, Morton II. Phillips, Mrs
Mary Spencer and Miss Nettie Spencer, ali
of Philadelphia, testified that the char.
acter Of the accused for honesty and in
tegrity, in the community in which he
lived, was unexceptionally good.
This closed the evidence and Attorney.
General Paynter addressed the Jury fol
the State. He said that in view of the
| peculiar circumstances of this case he
felt willing to abandon it unless the
evidence should conclusively establish
the prisoners guilt, but being convinced
that the proof was sufficient he felt jrlsti-
fed in asking for verdict of guilty in
manner and form as indicted.
Mr.. Bird followed in strong plea for
the prisoner, claiming that the evidence
utterly failed to establish his guilt and
| Mr.. Paynter made the closing argument
| for the prosecution. A brief charge was
delivered by Chief Justice Comegys, and
at 12.15 O'Clock the jury retired.
The following prisoners were ar
| raigned: Lewis Morris, John Nicholas
and George Robinson for the larceny of a
| lot of chickens from franklin and Mccoy
Yearsley.
Isaac Sadler, colored, for assault and
battery upon William Butler with intent
to kill. He pleaded guilty of the assault,
but not of the intent. The State refused
| to accept the plea, and Walter Hayes,
| Esq, was assigned to the defence.
Joseph Cummins, for the larceny of a
horse, buggy, harness, robe and whip,
| from George II. Burroughs. He was
| tried at last term, but was acquitted by
reason OF faulty indictment and held
for this term. He pleaded not guilty.
William WEIGH and Bernard Daily, for
the larceny of two ducks, two pounds of
butter and bunch OF celery from the
house of H. H. Carter, in this city. They
pleaded guilty.
Joseph Dixon, colored, for assault and
battery upon James Sewell, colored, with
intent to kill by cutting him with knife
in the abdomen in Wilmington on Feb
ruary 18th. Pleaded not guilty.
William Miller, small colored boy,
pleaded guilty to the larceny of 10
pounds of tobacco from the news stand
at the p, w. d b. railroad depot.
Deputy Attorney General Biggs said the
State did not desire to prosecute the lad,
but to have him sent to the Ferris Reform
School, to which the court assented.
Thomas Brannan pleaded guilty to as
sault and battery upon Dennis Dougherty
nj Hhriotiar1a l.11nlral nAt1axha,fxy pa,l
Brannan came to his tavern drunk and
refused drew knife. Dougherty got a
revolver and threatened to shoot, but
Brannan said, "Shoot and be -" and
then chased him for quite distance.
A sentence of $50 fine and three months
imprisonment was imposed.
Michael Mcdonnell, who pleaded not
guilty to the larceny of gold ring, caba
and other articles from Miss Sallie u.
Turner of st. Georges hundred, withdrew
his plea and entered one of guilty. He
was sentenced to pay $11 restitution
money and costs, be whipped with 10
lashes on Saturday next, and be i'm
prisoned for three months.
AT o'clock the jury in the case of
Stephen III. Burleigh came into court with
verdict of not guilty. Burleigb received
the verdict without change of counte-
nance. Some of the audience applauded,
and Mr.. Bird, the prisoners counsel, told
the jury he was much obliged to them.
The prisoner was discharged and court
took recess until o'clock.
In the afternoon the case of Jacob
Comings indicted for the larceny of a
horse and buggy from George H. Bur
roughs, was continued until the Septem-
Der term, by agreement of council on
both sides.
State VS.. William WEIGH and Bernard
Daley, for the larceny of pair of ducks,
two pounds of butter and bunch of
celery from the house of Superintendent
II. IL. Carter of the p, w. & b. Railroad
Company, in Wilmington. William
Brown, colored, servant in Mr.. Carter's
employ, testified to the articles being
stolen from refrigerator in the yard.
Sergeant Kane testified that he arrested
Daley at Ninth and Market streets with
bag containing two chickens, q bunch of
celery with card bearing Mr.. Carter's
| name, some oysters, sausage and a soup
bone. Officer Lynch arrested WEIGH,
who before he was caught, threw some
thing over the fence into the First Presby-
terrain Church yard. officer Adams
| afterwards found chicken and sun
bonnet in the church yard.
Both prisoners made q statement to the
effect that the stolen articles had been
thrust upon them by man named Lew
Pyle. The jury retired and after DELHI
| Grating about 40 minutes returned with a
verdict of not guilty. The prisoners
were discharged.
State VS.. James Jones, colored, indicted
for keeping a gambling table. Deputy
Attorney General Biggs for the State and
| Harry Sharpley, ESQ.,, for the defence.
The specific charge of the indictment was
that Jones exhibited and owned or was
interested in a gaming table at which a
game of seven-up was played for money
| Madison Dorsey, colored, testified that
Jones had place at Water and Shipley
streets, in which poker and seven-up were
played. He described the game of seven
up, and said he had played the game in
| Jones' place for money. On cross-ex-
animation he said the stakes were never
less than two cents per player in each
| game, out of which Jones TOOK ''draw-
board" of two cents per game. The
| table used was an ordinary table. He
gave a lucid explanation of the game, in
response to Mr.. Sharpley's question, de-
signed to show that the game was one of
skill and not of chance.
Thomas Turner, colored, said he had
played poker and seven-up for money at
Jones' place. He did not know whether or
not seven-up was game of chance. Some
times he played on table, sometimes on
box and sometimes on an old door.
Mr.. Sharpley disputed the accuracy of
the indictment, which described the game