Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-09-30

| ptShGHbtu tbhlt tIl6 CASE OF bnt t1lht
against Frederick Alien, charged with sell
ing policy. Bot still, he did not thinl
the evidence submitted by the Stat
to connect the prisoner with tn
crime of gambling or conducting o gam
OF chance warranted the court in allowing
the care to go to the jury. He had nj
doubt in his mind TINT thestatute did no
cover this case, and, in the opinion Of tht
court, the books and papers found on Ola,
defendant were not such device as cards
by which game of chance can be played
According to the views of the court policy
playing consists Of betting ON the result
OF lottery drawing, and there are nj
statutes of this State that will prevent it
Therefore, the court thought it best fol
the pending case to be Withdrawn, as th,
offence charged is not crime under tht
law upon which the indictment had beer
framed.
Atthe request of John H. Rodney, ESQ
counsel for the defence, the jury was in
structed to render verdict of not guilty
which was accordingly done. The Deputy
Acknowledgement then entered nollt
pros in all the other cases of like char
acter
At this point the grand jury returned
having inished all buRiness committed tc
them were discharged from furtLor attend
ance ut this term of court.
State VS.. Joseph Smith, colorei, for the
ltrneny Of silver dollar from William
Rirlwood at K,rkwood station, ON August
18th Willard Hall Porter ESD, for the
State and Walter Bacon, Esq, for tue
defence.
William Kirkwood, the prosecuting
witness, testified to laying the dollar
down on the counter in o store at Kirk
wood, for some purchases, while Joe
Smith WAS standing close by. Immediately
afterwardsthe dollar was missed. Smith,
according to the testimony of William
Smith, had his hand clasped, and on
being questioned as 10 what he had in his
grasp, thrust his hand in his pocket. Sub.
sequently he took out his clasped hand
and put what he had there in his pocket
book. James Kane of Kirkwood testified
to seeing Joseph Smith, hfter he had been
accused Of the theft, thrust his hand into
a meal chest. The witness put his hand
into the meal chest and found the missing
dollar.
Leonard Gray of Kirkwood testified to
seeing Joseph Smith hanging around the
store at the time of the robbery ON the
18th of August last
The case was briefly argued by counsel,
and at 4.30 o'clock was given TO the jury.
Howard Taylor and Charles Dumpson,
both colorcd, were arraigned on charge
of nssault and battery, with intent to kill
upon Benjamin M. Reed, colored, and
both pleaded not guilty. A trial jury
was AZ osce drawn, and the case pro
ceeded, with Austin Harrington and
willard II. Porter, Esqs., prosecuting o.
behalf of the State, and Walter Bhcor
| and Thomas Davis, Esqs., for the defence
Benjamin Reed was called and testified
that on June 14th, in the evening. Will,
standing at Sixth and Walnut streets, ~
| a colored procession was passing by, III
dropped his hat and, while picking it up
was struck by an umbrella and, on turn
| ing around, was struck with razor il
the hands of Charles Dumpson, The blow
cut his pants across the thigh. He tried
| to get into tavern close by, but wal
showed ont, when Howard Taylor cut hin
under the right arm. He was also cut or
the thumb, but did not know who id.
flicted this wound. He said he was three
weeks in bed before he recovered from
the effects of this assault aud still felt the
result of the assaults upon him. Joseph
II. Macy corroboratod Reeds testimony
in relation to the assault, having seen the
occurrence.
~ i's"ss54 tfns.l ..asti i.sstia= 5isr -
effect that two days after the cutting
Reed had said that Dumpson was no
entity and that both the prisoners wert
walking in trout of him when he was cut
The case was pending whom court Gd
iourned
The jury in the case Of Joseph Smith
colorod, charged with the larceny of /
silver dollar. returned verdict of guilty
lie was sentenced to pay 81 restitution
money and costs, be whipped with II
lashes and imprisoned three months.
The result Of the policy trials docs not
affect the cases against E. i. Stroud and
Lee File, as they are charged with keep
ing gambling house and will be tried
accordingly.
Court reassembled Saturday with the
trial OF Charles Dnmpson and Howard
| Taylor, eolored, for assault and battery
| upon Benjamin NJ. Reed, colored, with
intent to kill, still under way The evil
/ denee being all in the case was argued by
| Walter Bacon and Thomas Davig, Esqs.,
| for the defence, and Willard II. Porter
anG Austin Harrington, ESD, for the
State. At 9.35 o'clock tho jury retired
and in halt an hour returned with yer-
dict of guilty The prisoners were SEN
fenced to a fne OF 81 900 and costs of
| prosecution, en- honr in the pillory on
Saturday next, and six months inprison-
lneut.
State va. Isaac Hayden, for the larceny
of so feet of rope from the schooner Ella
Esq.. fer the State The indictment was
in three counts, one alleging that the
ownership of the property was vested in
Daniel IT, Kent, one assigning II to
Samuel Warner, and the third to United
States Marshal Newlin. There had been
controversy over the ownership of the
boat, which was seized by the marshal
under writ OF the United States district
court
Joseph S. Daniap testified that the rope
was stolen from the vessel, which was
owned by Daniel H. Kent, but was in the
custody of the mNrshnl at the time.
Patrick Dooley testified 90 being calit d on
hy HAYDEN mud another man. one Of whom
represented him5clf Us the captain Of the
boat. They got bim 10 wheel the rope 70
James McGipHis' shop, where the men
sold it. The man who said he wis tho
captain made the sale and received tlo
money. Junes McCiinnis testified that lie
bought .lt rope from the man who was
with Hayden The man represented him
self as captain OF th0 beat. Sergeant
Harry o. Taylor iestiliod To arrcstinG
Hayden, after tlie THEFT. Ills companion
escaped. Officer Harry Welch said that
Hayden utter his ayrest, said he did not
receive the money hut helped 10 Spend it.
The prisoner made M address 10 the Jury
stating that he met the man claiming
TO be CAPTAIN OF the boat, who asked
to be directed 90 a junk shop, Ha gave
him the information, md went with him
10 sell the rope. AT 10 O'clock tho jury
retired and after deliberatiug for Is min.
ltcs returned with verdict of guilty.
Hayden was sentenced 70 pay 30 cents
restitution money and coats, be whipped
with 20 lashes on Saturday next, and h,
imprisoned for ono year. TIE severity oI
the sentence was due to tho fact that
Hayden Is an old offender md con
firmed thief
Frank Olga, an Italian, indicted fol
carrying concealed deadly Weapons
pleaded guilty and WIS fined $26 sut
costs.
State vs. Harrison r. Rothwell, cnloruti
for entering the house of Walter O. Dayi
md stealing some clothing and otba
articles. Thomas Davis, ESD, for tn,
State. Walter @. Davis testified to hi
house, No. s1l Clayton street, bei1tJ
entered and robbed of a clock and
quantity of clothing. Thomas f. Biddle
eolored, said he saw Rothwell in the var,
of Davis house on the morning Of tn
I /.