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


Chlef Justice Comegys and judge
Wootten and Houston on the bench. III,
members of the grand jury were qualifiet
and Robert O. Justis of Christiana hun
bred was appointed foreman. The iur,
then retired. Frank Enos was appointed
bailiT TO the grand jury. The genera
jury roll was called.
Deputy Attorney General Biggs ad
dressed the court in relation to the tria
Of Lewis C.Dayis, indicted for the murder
of Andrew 4. Peterson. He said the wit
nesses were present, and it was desirabl,
to fix upon day for beginning the trial
in order that the witnesses might be dis
charged until that time. He also sale
that the attorney general had requested
him to bring before the court constitu
tional question bearing upon the case
Section Of article 6 OF the State consti
tuition declares that the courts o.
the State shall be composed o.
five judges section 6 provides thai
the court of oyer and terminer shall con
sist of all the judges except the chan
cellor, and that three of them shall con
stitute quorum. In view of the yacanc,
now existing on the bench, the State hello
that if the accused is tried and convicted
prior to the filling of the vacancy, they
will be called upon to meet this point
and therefore they asked that il now be
determined.
Mr.. Bird was asked if he had anything
TO say upon the question, and replied il
the negative. The chief justice ther
asked him if he would raise the point
"That," replied Mr.. Bird, .'depends upor
what verdict is rendered"
ment by the court.
Afterwards MIR. Bird addressed the
court in relation to the case. He said he
did not feel like going to the trial with.
out a full bench. He had fully expected
TO try the case ut this term, and had his
witnesses present, thinking the appoint
ment to the vacancy on the bench would
be made, but now he considered it his
duty to ask that the case be continued N
least until the September term, or IL
such time as the governor may SEQ fit ia
fill the vacancy.
Attorney General Pnynter snid the State
was anxious to go trial, but were not dis.
posed to be captious about the matter.
They had raised the constitutional point
about the vacancy on the bench as a mat
ter of duty, and were satisfied to leave
the question to the discretion of thecourt.
The court consulted, after which the
chief justice announced that the case
would be postponed until the September
term, to be taken upon September goth.
Mr.. Blggs suggested that the governor,
when he ascertalned the state of the case,
may fill the judicial vacancy, but the
chief Justice said the case had better 90
over until the September term.
On the application of Walter Hayes,
ESQ.,, Frederick Brown and William Ham
ilton, two colored boys, aged and IL
years, now confined in jail awaiting trial
for larceny, were directed to be trans
ferred from the custody of the sheriff to
the Ferris Reform School, Mr.. Hayes
stating that DIR. Harlan had said the
school was now prepared for their re-
ception.
The balance of the session was occu-
pied in receiving the affidavits of appli-
cants for liquor licenses. The grand
jury reported several indictments at 1920
o'clock, and shortly thereafter court took
recess until 8 O'Clock, p. m.
At the opening of court, in the
afternoon, the following prisoners were
arraigned:
Ambrose Wilson, Joseph Caulk, Dennis
Lewis and Henry Anderson, all colored,
for breaking into the store of George W.
Stone, in Wilmington, on the night of
March I'd, AMI stealing the following
articles five rubber coats, valued at IS
each Ii pairs of rubber boots, valued at
1925 per pair; one lady's waterproof,
valued ut $5 two rubber caps, valued at
$1.75 each; and seven pairs of tennis
shoes, valued at $1.25 per pair. All
pleaded not guilty.
Frank Moore, colored, for the larceny
of five pairs of chickens from William j.
Stroud of White Clay Creek hundred, on
March 21st. Pleaded not guilty.
Michael McCloskey, for the larceny of
bag of potatoes from the wagon of
Thomas S. Vandever, in the Wilmington
market, on the night of March 9th.
Pleaded not guilty.
Michael Mcdonnell, for the larceny of
a ring valued at $40, caba, pocket book
and three handkerchiefs from Sallie ID.
Turner of st. Georges hundred, on the
Goth of February. Pleaded not guilty
Frank Moore, colored, for the larceny
of five pairs of chickens from William j.
Stroud of White Clay Creek hundred,
was first placed on trial. John K. Brad
lOIut Lbu+, 1OT ll1b DLults nlIs sZtGOuu
testified to hearing commotion among
his chickens and going out with his son,
when they saw two men running and
found the bag of chickens lying on the
ground. The prisoner was suspected and
arrested, and the witness measured his
footprints and found they correspondent
exactly with footprints made on his
premises by one of the thieves on the
night of the robbery. Alfred G. Stroud,
his son, said that at the hear
. ing before Esquire Yallandigham,
Moore admitted in his presence
that he was one of the thieves. Con
stable James f. Porter, who arrested
Moore, was about to testify to the
prisoners admissions, but as he had told
him it would be easier for him if he con-
fessed who his accomplish was, the testi-
mony was ruled out. After celebrating
half an hour the jury returned verdict
of not guilty.
The ease of Wilson, Caulk, Lewis and
Anderson, for the robbery at Stones
store, was next taken up. John X. Brad
ford, Esq, for the State, and Thomas
Davis, ESD, for the defence. Mr.. Stone
testified to the robbery and described the
stolen goods and their recovery at
Chester. The value of the stolen goods
was about $3.50.
Sergeant Whelan testified to recovering
part of the stolen goods near house over
Market street bridge, in which the
prisoners lived Chrles Fl. Smith, one of
Mr.. stones employees, described the
goods stolen and their value. John Kee-
nan, William McElwee and William
Glennon, of the Chester police force, tes-
tilted to the arrest of the prisoners in
Chester with part of the stolen goods in
their possession. William Stout testified
to finding the front door forced open
when he went down to the store on the
morning after the robbery.
At the close of the testimony the case
was submitted without argument, and The
jury, after celebrating nearly an hour,
returned verdict of guilty.
Each of the prisoners WAS sentenced to
pay costs and $4,000 restitution money,
stand an hour in the pillory and receive
20 lashes on Saturday next, and be
imprisoned for one year.
State vs.. Stephen IL. Burleigh, indicted
for the larceny of gold watch from S
Lloyd Boldly, in Wilmington, on the 6tt
of November last. Attorney Genera
Paynter for the State and Levi @. Birt
and Andrew Ii. Sanborn, Esqs., for the
defence.
Mr.. Boldly took the stand and testified
that on the 9Th of last November, he wal
in company with Burleigh and a mar
named Vester at the exposition in the old
foundry building on Tenth street. After
midnight they went into Bacon's saloon
on Fourth street, near Market, to ge
something to eat. While there, figh
occurred in back room, which his com
,noniona want hnc1S 70 witness Tbev ney