Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-02-04

l ohOAA0 w 6NCN WI nj anu tnhb tuC pun
chase should have trial for one harvest
and then pay for it with two notes at on
and two years. Witness visited th
Richards farm daily during the harvest G
1882, TO look at the machine, and
worked we'll. The only trouble he coul
see was in those working the machin
not properly adjusting the tension. Fl
succeeded MI. Bowen as agent for tn
company, and got the notes from Mr.
Richards, who made no objection to th
machine at the time. He had nothing I,
do with the machine during 1883. tn
company's supervision only extending
over the first year. He heard nothinl
about the notes until October 18th, 1884
when Henry Richards paid him for som,
repairs he Ind made ON the machine, ant
said he was not going to pay the secont
note.
At 1926 O'Clock the grand jnry cam,
in, and Foreman William II. Bright, aftel
announcing that no true bills had beer
found, requested that they be discharged
until yesterday morning.
SYMPATHY FOR SECRETARY BAYARD.
Chief Justice Comegys then said:
1T is, of course, known to all present
that another severe calamity has befallen
our distinguished fellow-citizen and
member of this bar, the Hon. Thomas F.
Bayard, Secretary of State of the United
States, in the loss of his wife, whose
death took place at Washington. early on
Sunday last.
In order to unite our sympathy with
that of the whole community for him in
his distress and that we and such others
Ms are here engaged may attend the
funeral, which is to take place Mt 2 O'Clock
this afternoon, we will now adjourn until
4 o'clock.
Court then adjourned until A O'Clock,
p. IN.
The superior court reassembled at A
O'Clock In the afternoon, and the case
of ID. M. Osborne IL Co., VS.. Joshua S.
Richards was resumed. Edwin s. Smith,
Tor the plaintiffs, testified that the reaper
bought by Mr.. Richards was in good con-
ditionand would work well wh1n properly
Argument then began, Mr..
Emmons opening for the plaintiffs He
was followed by Francis Nj. Walker, ESD,
who is associated with Mr.. Higgins in the
defence. Mr.. Higgins closed for the de-
PENDANT, aud spoke until o'clock, when
court adjourned until 10 o'clock yesterday
morning. At this hour Mr.. Lore closed
for the plaintiffs and the case went to the
jury.
Immediately after the opening of court
at 10 O'Clock yesterday morning, the Hon.
Charles b. Lore began the closing argu-
ment for the plaintiffs in the case of d.
NJ Osborne q Co. VS.. Joshua G. Richards.
He spoke for 45 minutes, and asked
verdict for the full amount of the plain
titfs' claim, $181.70. The charge of the
court was delivered by Chief Justice
Oomegys, and at II o'clock the jury re-
tired.
The case of Edwin j. Hollingsworth,
indicted for forging the name of james
L. DeVou to check and uttering the
same, was next called. The list of wit
nesses was called, but Mr.. Devon not
being present, Deputy Attorney General
Biggs asked for an attachment for him
and the case was temporarily laid over.
John w. Cain, who was placed in the
dock, and jury drawn to try him for
assault and battery, with criminal intent,
upon Georgianna Victoria johnson, col
ored, of Middletown, on the Sd of Decem-
Der last. Deputy Attorney General Biggs
for the State, and Walter Bacon, Esq, for
the defence. Frank ]. Pennington, Levi
Fisher, John I. Allfrey and Benjamin N.
Sapp, who were on the capital case juries
ut the last term, and George NJ. Wilson,
were challenged by the defence. The
challenges exhausting the panel, Anthony
Reybold, Henry @. Mahafy and John A.
Wilson were called by the sheriff MS tales
men.
The prosecuting witness, Georgianna v.
Johnson, light mulatto girl, between IA |
and is years of age, took the stand and
told the story of the assault attempted
npon her by Cain. Her testimony was
by her sister, bright girl
of 10 years, who was in bed with her at
the time of the occurrence. Amanda
Johnson, the mother, testified that Cain
to her, Immediately afterwards,
that he had attempted the assault.
Mr.. Biggs offered a confession made
by the prisoner at his preliminary hear
ing before Esquire Veasey at Middletown
in which he admitted the offence charged
against him in its full extent. Esquire
Veasey who is past 80 years of age was
too i'll to come to court this morning but
Mr.. Biggs was provided with the written
confession signed by the prisoner and at
tested by two witnesses who were present,
which he offered in evidence. Mr.. Bacon
objected, but the court admitted the
paper and Purnal j. Lynch, one of the
witnesses, said the paper was read to
Cain who then signed it, and afterwards
orally acknowledged in his presence that
he had made the attempt. Robert II. |
Cochran, the other witness to the confes- |
sion, also said it was read to the prisoner |
before he signed it. The State here
rested. .....4
The defence, after brief opening argu-
ment, called Thomas A. Bordley, who |
said he was in Esquire Veasey's Office |
when Cain signed the confession. but did |
not hear it read to him, nor was any evil |
ience on the part of the witnesses taken.
The justice told the prisoner what he was |
charged with, and the prisoner said he |
was guilty. With this evidence the de- |
fence closed and court took a recess until |
3 O'Clock, p. m.
Before recess the following prisoners
were arraigned; Frank Clayport, for the |
larceny of a watch, valued at $75, from |
Jefferson d. Ford of Middletown, on
December 7th last, and on charge of re-
ceiying the same, knowing it to have
been stolen. Pleaded not guilty.
Joseph Kommings, for the larceny of
horse, harness and buggy from George Fl.
Burroughs of Wilmington. Pleaded not
guilty.
Harrison d. Ruthwell, colored, alias
,'Sugar Awful" for the larceny of an over
coat valued at $3.50 from Lewis Fell.
heimer of Wilmington. Pleaded guilty.
William Rothwell and George Norris,
colored, for the larceny of 25 yards of
yelling and two blue flannel shirts from
the store of Miss Sarah e. Lowell in Will
Pleaded not guilty.
TALLEY INDICTED.
The grand jury yesterday morning found
an indictment against Isaac s. Talley, who
shot and killed j. Wesley Handy on jan
uary 18th, for murder in the first degree.
Sheriff Ford said that Talley's condition
was somewhat improved yesterday morn
ing. His trial will begin as soon as he
is able to be brought over.