Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-02-11

| taxes the real estate sold. The MONEY
has been paid into court by the sheriff
awaiting settlement of the controversy
The matter was held under advisement
George Ashley, white, and JOSEPH
Caulk and Ambrose Wilson, colored, al
boys about is years, were next tried on {
charge of burglariously entering the
auction store of L. W. Stidham g. Son, in
Wilmington, OH December Sd, at II
o'clock, p. M, and stealing five hair.
brushes, two razor-strops, one screw
driver and one basket Deputy Attorney.
General Biggs for the State, and Harry
Sharpley, Esq, for the defence.
/ L. w. Stidham testified to the store
being broken into and number OF articles
stolen, including those mentioned in the
| indictment.
At o'clock court adjourned until 8
| p. m.
Court renssembled at O'Clock, in
| the afternoon, and the trial of George
Ashley, Joseph Caulk and Ambrose
Wilson, for breaking into Stidham &
| Sons auction store and stealing various
articles, owned by Thomas Kirkley was
resumed. Franklin O. Stidham testified
| that the store was broken into and the
| articles stolen. Alexander Whartenbury,
colored, was called, but Mr.. Sharpley OBJ
| jected to having him testify on the
ground that he is felon. The objection
was overruled and the witness testified
that on the night Of December
Sd, the prisoners, accompanied by
"Sugar Awful came to the house
where he was staying, over Market street
bridge, with basket and some bundles,
containing the articles stolen from the
auction store. He saw the recovered
articles afterwards at the city hall and
recognized them. Thomas Kirkley testi-
fed to leaving basket of things in Std
hams store, which were stolen, and part
of which he afterwards recovered at the
police station. Sergeant Whelan testi-
fed to recovering the goods at the house
where Alexander Whartenbury lived, over
Market street bridge. William Duckery
said he had talk with the prisoners at
the police station, when they told him
they had some things concealed behind
log at the foot of Orange street. The
State here rested.
For the defence Special [ fficer Harry
II. Schoor was called, and testified that
nothing was found upon the prisoners
when they were brought to police station,
and that the charge against them was
suspicion of larceny" the full charge
not being preferred until after Alexander
Whartenbury appeared. Mr.. Sharpley
offered in evidence the record of Whar-
tenbury's conviction for larceny, in 1881.
Deputy Attorney General Biggs said he
had Joined church since. Policeman
Daniel Mcguire said the boys had nothing
about them when he arrested them. The
defence then rested.
Mr.. Sharpley made q strong plea for
the youthful prisoners. claiming that the
States case rested entirely upon the tes-
timony of Alexander Whartenbury, at
whose house the stolen goods were re-
covered, and who was q convicted felon,
whose testimony should not be considered
n ,cusation against the prisoners might
own crime. Deputy Attorney General
Biggs closed for the State, claiming
that the evidence fully warranted con-
viction, the charge was delivered by
Chief Justice Comegys, land at 5.1Oo'clock
the jury retired. After an absence of 80
minutes they returned with q verdict of
not guilty. The'prisoners were discharged,
the chief justice giving them warning
to mend their ways and keep out of court.
The next trial was that of Joseph
Komings, charged with the larceny of q
horse, harness, spar-spring buggy, robe
and whip from George ii. Burroughs of
this city. Deputy Attorneys General Biggs
for the State and Harry Sharpley, Esq,
for the defence.
George III. Burroughs testified that
Komings came to his livery stable, No. 118
King street, on Tuesday, January 26th,
and hired the team. The value of the
entire outfit was $228.50. He did not
hear from the team until the next Sunday
evening, when he learned that it was in
Washington; the next day he went there
with Chief of Police Dougherty and re-
covered his property. The hire of the
team was paid in advance. James Pill
beam, stableman, for Mr.. Burroughs. cor
roborated the testimony in regard to the
hiring of the team, and identified the
prisoner as the man it was hired to.
Komings came the evening before and en-
gagged the team, saying he wanted it only
about two hours, to drive out to the new
b. & P. railroad bridge, to collect bill.
The next morning shortly after 10 o'clock
Komings came for the team, paid the
hire, 50, and drove away.
Chief of Police Dougherty said that on
Sunday evening last he received n dis
patch from the chief of police of Wash
ington, and went to Washington next day
with Mr.. Burroughs and recovered the
team.
Lieutenant Richard A. Arnold or the
Washington police force, said that on
Saturday last he learned that man was
trying to sell buggy and harness for a
saddle and $l5, on Tenth street. He
went around at once and saw Komings,
who, by that time had disposed of the
buggy and was ready to leave on horse
back. Komings represented himself as
the advance agent of dime museum
on Washington street, Boston, kept
by John Cummings, and desired
to sell the buggy and harness and con-
tinue his travels on horseback. The
witness took Komings into custody and
learned by Geographic inquiry from
Boston that the dime museum story was
myth. sunday afternoon Komings
confessed that he procured the team in
Wilmington, but did know the name of
the owner. A dispatch was then sent to
Chief Dougherty, who came down with
Mr.. Burroughs, and the latter identified
| the team.
Sigmond J. Black, member of the
| Washington detective force, said he had
| a conversation with Komings in Lieuten-
| ant Arnold's private room. The CONVEX
sation was in German. The prisoner told
| him he had been in this country but seven
| weeks, and recently in Boston met man
| named John Cummings ina dime museum
on Washington street for whom he agreed
in his travels to send word in regard To
the advisability of giving theatrical per-
formances in the towns he visited. Be
claimed that he bought the team in Bos.
| ton for $3.50.
| At 6 o'clock the jury was discharged
| until 10 o'clock Friday morning, ia
which time court adjourned.
The opening of court was delayed 70
| minutes, Friday, on account of the
snow, three of the jurymen in the pend
ing case of State vs.. Joseph Komings
who went to their homes Thursday night
having been detained on account of the
lateness of the morning trains to this
CITY. On the arrival of the storm bound
Jurors, the trial of Komings for the lar
ceny of George III. Burroughs team, wat
resumed, and Harry Sharpley, Esq.
made the opening address, for the defence
He had no evidence to offer, but raised
the point, quoting citations in support
thereof; that if the hiring of the
team by tic prisoner was unaccom
panied at the time by any intent K
fraudulently convert it to his own use, hi
subsequent conversion was not felony
To the court Mr.. Sharpley also raised th,
following point That the Indictment wal
in one count only, but was also for thu
larceny of horse, which, under GU
statutes is specific charge, and for tn