Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-02-04
FEB8yAnr ooURTe.
Criminal Business started Upon
HOliinxsworth ArrnIRned.

Crhmfmhi Buhhneha started Upon
HOliingsworth ArraIgned.
The February term of the superior
court and court of general sessic ms of the
peace and Jail delivery and also the court
of oyer and terminer opened at 10 O'Clock
Monday, Chief Justice Comegys and
Judges Wootten, Houston. and Whiteley
on the bench. The roll of the grand Jury
was called and also the roll OF the general
and special jurors. The members of the
grand jury then retired for the considera.
ton of presentments.
The attorney-general announced a
nolle. pros. in the case of the State Vs..
George Torbet, charged with assault and
battery.
No business was transacted until 10
o'clock, when the grand jury came in
with several true bills md was discharged
until 3 O'Clock, p. m.
The following prisoners were arraigned
Ella Burleigh, colored, foI the larceny
of 10 $40 gold pieces from Mrs. Ellen
Pilling of Newark, on the 18th of Decem-
Der. Pleaded guilty.
| Edwin j. Hollingsworth for forging
the name of James l.. Devon TO n check
| for $2S.50, and uttering the same.
Pleaded not guilty. Harry Sharpley, Esq,
represents bim.
| Ella Burloigh was sentenced TO pay
| 1900 restitution money and costs OF prose
cution, and to be imprisoned for one year
John w. Calm, colored, indicted for
committing an assault and battery with
criminal intent, upon Georgiana b. John
son, colored girl, of Middletown, was
also arraigned and pleaded not guilty.
He is defended by Walter Bacon, Esq.
The recognizance of Stephen f. Bur
leigh, who was held for trial on the
charge of stealing gold watch from S.
Lloyd Boldly, was forfeited, he failing to
put in an appearance. Enoch McCabe is
bondsmen, and the amount of bail was
5000.
At l2 80 o'clock court took recess
until O'Clock, p. III.
AZ the reassembling of court, at 3
o'clock in the afternoon, jury was
drawn in the case of Frederick Brown
and William Hamilton, two colored boys,
aged about IL years, charged with burg
lariously entering the house of George
Coates, in Wilmington, Mt noon on No
venlber 14th, 1855, and stealing u shirt,
Eve pairs of socks, FIVE plates and one
pen-knife. Attorney General PAINTER
represented the State and Walter Hayes,
George Coates testified to the burglary |
being committed at his house, No. lac |
Bird street. A key, with which the front |
door was opened, was given to his son by |
William Hamilton. George Coates, Jr.,
II lad of 10 years, said he met the two
boys, and Hamilton gave him the key,
saying that was what they opened the
door with. Thomas Needham, boy liv-
ing at IDS Bird street, said be saw the |
two boys leaving Mr.. Coates house by |
the back way. Policeman Harry Il. |
Smith said he saw the two boys running
along the railroad Immediately after the |
burglary and chased them. He captured |
Brown, and found o pen-knife and |
mouth-organ in his pocket, which had |
been taken from Coates house; later in |
the afternoon he arrested Hamilton, who |
had nothing but n bunch of keys.
The State here rested, and Mr.. Hayes,
for the defence, asked for an acqnittal, on |
the ground that the indictment laid the /
burglary in the house of George Goats, /
while tue proof was that Coates was |
merely IL tenant, Philip L. Lynch being |
the owner. The court oserruled the |
point.
The case was submitted without evil |
lence for the defence or argument, and |
he jury, after n few minutes delibera- |
tion, returned verdict of guilty without |
leaving the box.
The prisoners were reminded to the |
custody of the sheriff, and will he com.
mittcd to the Ferris Reform School, in |
lieu of receiving the sentence provided |
by statute for the crime OF burglary.
No other criminal business being ready |
civil business was taken up, and Jury /
drawn to try the case of d. NJ. Osborne |
~ Co. vs. Joshua @. Richards. Lore q |
Emmons for plaintiffs and Anthony |
Higgins, Esq, for defendant. Mr.. Lore,
in opening, said the action was on a
promissory note for $142.50 with interest |
from its date, October LIST. 1882, and costs |
of protest, making in all $18l.70. The |
note was offered in evidence, together |
with an attested copy of the plaintiffs act |
of incorporation, after which the plain |
tiffs rested.
Mr.. Higgins, for the defence, said the |
note was given, in connection with |
another, for self binding reaper made |
by the ID. NJ. Osborne Company, which |
was sold by their agent, E. p. Bowen, |
with guarantee that the machine should |
work to the satisfaction of the purchasers
or there would be no sale. Subsequently |
Bowen died. and his successor, James
Boulder of Chesapeake City, Md. renewed |
the guarantee, ON complaint that the
machine was not working satisfactorily, |
whereupon the notes were given. One |
note was paid Mt maturity, but the other |
was resisted. The machine, he said, never |
did work in a satisfactory manner, but, on |
the contrary proved complete failure.
David Ii. Richards, son of the defend
ant and one of the makers of the notes, |
said the machine wns purchased with a |
positive guarantee that there was to be no |
sale il it did not work properly. 1t was |
worked during two haryests, but never |
worked satisfactorily, despite repeated
attempts to remedy the various defects.
BY reason of losing much time in fooling |
with this machine he had to hire other /
reapers and extra help at considerable |
expense, in order to complete his harvest.
ing. He took the machine with him when |
he moved to his present farm, in Kent |
county, but still il would not work, and |
he left it beside fence, where it still lies. |
The witness was subjected to long |
and searching cross examination.
Joshua G.. Richards, the defendant, |
next took the stand and corroborated his |
sons evidence in regard to the guarantee
given when the reaper was sold, and the |
unsatisfactory manner in which the |
machine worked. He said that when the |
notes were given the agent said if the |
machine did not work satisfactorily it |
would be taken back and the money re- |
funded. At 5.55 o'clock the case was sus-
pended until morning,
The following prisoners were arraigned;
Edwin j. Hollingsworth, for forging
the name of Harry Lape 10 check on the |
First National Bank, for SSl2 and uttering
the same. Pleaded not guilty.
Walter Anderson for the larceny of an
overcoat, valued at 800, from George E.
Sheehel of Newark. Pleaded not guilty.
Frank Clayport, for the larceny of a
watch, valued at S75, from Jefferson B.
Foard of Mlddletown. Pleaded not guilty.
Several other indictments were re-
turned by the grand jury before the ad-
journment of the session.
During the afternoon Stephen r. Bur-
leigh, indicted for the larceny of watch
from S. Lloyd Boldly, whose recognizance