Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-11-18

for the larceny Of pair of shoes, valued
at 81 So from Daniel j. Russell, colored
Willard Hall Porter, Esq, for the State.
Russell, who keeps second hand store,
testified to seeing The prisoner stenl tue
shoes from the window OF his store.
James and Louisa Boulder, with whom
the prisoner boarded, testified that he !
GENE home drunk on the night OF tho |
robbery, and that he had no shoes with |
him. The Jury then retired. After Il |
brief abeence the Jury returned with q |
verdict of not guilty, AMI the prisoner |
was discharged. He is an employe of the |
Electric Light Company.
John Parker, alias William s.. Allen,
was arraigned on the charge OF the
larceny of a coat from George A. Lee and
pleaded not guilty. His trial wns pro
ceeded with, Thomas Davis, ESQ.,, repre-
sentinp the State George A. Lee, Who
lives In Brandywine hundred, testi-
fed that he took the prisoner mp and
gave him ride, and that when he got
out of the wagon he took bis (Lee's) coat
with him. Joseph L. Enderman. J.ee's
hired man. corroborated MIR Lees testi-
nony, and said he chased the prisoner,
who threw the coat awny as he ran. The
prisoner questioned the witness shrewdly
and made an earnest plea for his inno-
cence, and evidently made favorable
impression on the jury, as the latter, after
brief deliberation, returned verdict of
not guilty.
Alexander B. Cooper, Esq presented
petition from Francis Mccoy, alias
'tBig Frank" now serving term in the
county Jail for burglary. The petition
recited that he WAS sentenced to pay
fine of $500, stand one hour in the pill
lory, receive 40 lashes and be imprisoned
ten years, beginning on the 10th day Of
December, 1878, and ending on tlle 9th
day OF December, 1888; that the term of
his imprisonment had expired, that he
never committed any other crime within
the State of Delaware, and that the only
part of his sentence he had not complied
with was the payment of the fine, which
he was unable to do. Mr.. Cooper, after
reading the petition, moved for an order
for the prisoners discharge within three
months from this term Of court, as pro
vided by law.
Deputy Attorney General Biggs opposed
the motion, as Mccoy, by reason OF escap.
| ing from Jail, had not served the full
amount of his term of imprisonment. The
court announced that it would hear argu-
ment on the motion during this term.
In the case of Michael McDonough,
who was declared, by coroner's jury. to
| be an accomplish with Robert Elliott, Jr.,
| in the murder of Patrick H. Coyle, Deputy
| Attorney-G General Biggs said the State
had decided not to send bill before the
grand Jury, but as his evidence was inn
| portant desired him held in 81 900 bail as
| a witness.
Hon. George Gray, representing Nc.
i Donough, said the only question involved
was the amount of the bail, and as
McDonough was q steady, industrious
young man, he thought $500 would be
sufficient. The court fixed this as the
amount and surety was furnished by John
P. Donohoe.
At $50 O'Clock the grand jury com
pleted their business and were discharged
from further attendance Of this term.
The court ct 10 O'Clock adjourned
until 10 O'Clock yesterday morning.
| At the opening of court yesterday morn
ing Deputy Attorney General Biggsmoyet
for a oertiorari from the court of oyel
and terminer to the court of general ses
l sions of the case of Robert Elliott, Jr.
indicted for the murder of Patrick III
| Coyle. The motion was granted.
Elliott was then brought into court
He is q cripple, with but one leg, and q
he took his seat in the prisoners box b
deposited his crutches in the corner ant
pazed unconcernedly around.
The prisoner stood up, supported b,
his crutehes, and held up his right hant
while the indictment was read by Clerl
Cochran. To the usual interrogatory b
replied ''not guilty." in loud, firm
voice.
Henry o. Turner, Esq, the prisoner
i counsel, then had Elliott sign an affidavit
/ | stating that George Il. Mckay, materia
/ witness in his behalf, resides oui
side of the processes of this court, il
, Philadelphia that he has made diligen
a efforts to get the said George r.. McKa
here, but failed, and that he cannot safel
90 to trial without him, but thinks h
4 will be able to procure his attendance q
. the next term. Mr.. Turner then aske
!. for q continuance of the trial until th
/. February term. Deputy Attorney Genert
r Biggs said that in q capital case ever
q time 1t is necessary to naIe contindant
q | il always results in more or less detrimeI
!, to the State, In city like this witness'
Il are constantly getting away, and forg
the facts of the cases. He thought u
If counsel ought TO satisfy the court nj
A. only that the attendance of the witne
If could not be procured, but his eViden'
% was of such a nature as to warrant pos
ponement of the trial.
il MIR. Turner said he did not propose
disclose the nature of this witness test
o mony to the State. but would divulgeitt
10 the court. He said that Mckay was
A, very material witness.
Ie The motion for continuance was hel
4. under consideration by the court until 4
y day, when Judge Wootten is expectt
it to be present.
d The discharge of James Jones, job
re Manlore, William Morris, George Robi
g. son, John Nicholson and Lewis Morn
8 was ordered, they having served the
70 terms of imprisonment and being he
for fine and costs.
Of Alexander B. Cooper, Esq, asked Il
N court to fix o time for his motion for q
,r discharge of Frank Mccoy, alias 'B
ID Frank, /" but the court ives unable to fix
time definitely.
at Court then adjourned until 8 o'cloc
I'd p. M, all business being ended exec
the pending applications.
q. --e-H-4-