Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-11-17
CRImINAL COURT,


Custody ana Held n q witness I,
the Elliott Homicide Caso-Dt
Franks Position,
day afternoon with the Chief Justic
and Judge Houston on the bench.
Wflliam Mc'sramm, who plead ed
guilty to the larceny OF o silk drcss
was sentenced to pay the costs of prose
fcution, $50 restitution m oney, be i'm
prisoned three months and on Satur.
tdsy next be whipped with fva lashes
| John Smith plead Rnilty to o charge
Iof carrying . concealed deadly weapon
and was sentenced to pay the costs oi
prosecution and q fire Of 625.
a. jury was then dEswp and tho case
tof John Stidham, charged wits the
iarct ny OF pair OF OF, cloth pants, was
Itsken up for trial.
| Willard 81. Porter, Esq, appes<ed
Tor the State but the prisoner was mot
NrepreseSted by counsel.
David 3. Hopkiss YVES sworn, and
testified that In October he saw the
prisoner take the pants from In front Of
his father e store on From. ssrset.
0hicer BFoadbart testified tisat he ar
| rested tho accused and locked him up.
The jury rendered a verdict of guilty
without leaving the box, and the priso-
ner was seEtenced to pay the costs of
prosecution, $l.25 restitution money,
and on Saturday next be whipped with
10 lashes,, ana be imprisoned three
months.
| Warren Townsend, colored, indicted
for the larceny of pair of shoes valued
at $3.50. Willard II. Porter, ESQ, sp-
peared for the State.
Daniel j Russell, colored, was
sworn, and testified that he resides at
Eighth and Locust streets this city,
and keeps second hand shoe store.
On the 5th Of this month the prisoner
came to his place and went out without
saying anything.
A short time afterwards he heard
noise at his window, and upon going
out saw Townsend going away with q
pair OF shoes In his hand. He went to
his own house with them, and the wit
ness did not go after him at that time.
Officer Hara testified that he arrest
ed the prisoner on complaint Of Daniel
j. Russell.
The State rested with this witness,
and the prisoner had James Boulden
called for the defense.
He testified that the prisoner boarded
with him, and on the night in question.
he came home and found him lying
drunk and asleep on the settee. He
saw pair of shoes, but did not know
who they belonged to or anything
about them.
Louisa Boulden testified that the
prisoner came home and laid down, but,
that she did nc see him have any shoes
and knew nothing about them until
Mr.. Russell came and demanded them.
She told him that he had better get q
search warrant, and then If they were.
| in the house he would find them.
This was the last witnes called and
the jury, after beicg charged by the
Chief Justice, retired ut 10 O'Clock.
At 10 O'Clock the Grand Jury came
in and were discharged from further
| attendance at this term of court.
John Parker, alias William A. Allen.
was arraigned and plead not guilty 10 an
indictment charging him. with the
larceny Of . coat valued at 81, the prop
erty of George A. Lee, on November 8.
A jury was drawn and the case taken
up for trial with Thomas DaYis, Esq,
fos the State.
| George A. Lee was sworn and testi.
fed that he resides in Brandywine
Hundred, on the Philadelphia pike.
He first saw the prisoner on November
8, near Chester, and he aeked him for
a ride The prisoner rode in his wagon
to the house of the witness, and after
ne had taken of his coat the prisoner
! took it and started off, but 1t was re-
covered by his hired man, Joseph +.
ILinderman.
The witness was cross-examined by
the prisoner in o manner which showed
that this was not his first experience ia
q court of justice.
Joseph F. Linderman was sworn, and
| testified to the fact of the prisoner
coming home with Mr.. Lee, and of his
taking the coat.
Officer Lynoh testified that he ar
| rested the prisoner on complaint OF Mr..
Lee, on Market street, between Thir-
teenJh and Fourteenth streets, on the
night Of November 8th.
The jury retired, and after a short
| absence returned with a verdict Of net
lguilty, and the prisoner was discharged.
The jury in the case of Warren
Townsend came in at As O'Clock with
a verdict of not guilty, and he was dis
charged.
Alexander B. Cooper, Esq, presented
the petition OF Frank B. Mccoy stating
that at the November term of court,
II lotot hO WEE COANLCt6u Vi lhbu
a building In this city, with intent to
com NIT larceny. and that on December
10, 1873, he was sentenced to stand one
hour In the pillory, be whipped with 40
lashes, pay the costs of prosecution, q
fine of $1,000, and be imprisoned ten
years, commencing on that day and
ending December 9, 1888; that he has
not been accused of any other, crime,
and as the time for which he Was SEN
ltenoed has long since expired, he be-
lieves that he ia only held for the fine
and costa, and he therefore asked that
ths court should order his discharge
within three months, ss provided by
law. AS soon as Mr.. Cooper had finish.
cd reading the petition he moved that it
be granted, and said that he supposed
1t would be resisted by the Attorney
General on the ground that the petit.
toner had escaped from jail during
thai time, but as he wished to obtain
ithe ruling of the court on the matter,
he asked that q time be set for argu-
lment.
Deputy Attorney General Biggs said
that this question had already been
raised before Judge Grubb on an appli-
ication for writ of hebeas corpus.
when he was interrupted by the Chief
Justioe, who said that had nothing to
loo with this application, as this was an
lentirely different question, and would
lhave to be consid cred on its merits. Ha
said that he was willing to bear argu-
ment on tbs case, but did not set any
time for 1t to be made.
l Hon. George Gray moved that Mat
thew MeDouough, who was held IA an
accomplice with Robert Elliott, Jr., for
causing the death of Patrick Fl. Ooyle,
jbe discharged from custody.
Deputy Attorney General Biggs eaid