Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1888-11-29

roll OF money and talked o. buying 9
stove and huyeeu,
Frank Bfanek testified That on septem.
Der 22d the prisoner and he came to the
city and looked At stoves, but the defend.
ant, who desired to purchase one, did not
make . purchase because she was uncer.
tain regarding the size Of stove she
wanted. Witness, defendant and James
Reed came to the city on September Gath,
and, stopping ut the William Penn Hotel,
! wsre sent TO back room, where they
drank. The trio entered and left the
room together, and the witness did NOT
gee the satehel from which money was
alleged TO have been stolen. On cross.
examination the witness admitted that the
prisoner had been left alone in the room
for short time. From the saloon the
trio went to various stores.
DANES Reed corroborated the testimony
| Of the latter witness.
Sergeant Tucker was recalled and said
that when the prisoner wes searched there
wns found upon her an instalment book
containing entries OF purchases she had
Date from 2. J. Walsh 4 Company on
the INSTRUMENT plan.
This ease was the first argued by Will
liam s. HiLies, Esq, ind in addressing
the jury he made an eloquent appeal for
his client, reviewed the testimony and
circumstances in the cHse, aud urged that
she be given the benefit of any doubt that
might exist.
Deputy Attorney general Davis re-.
viewed the case at length. He claimed
no attempt had been made by the de-
fence TO prove where che received the
money in her possession and that il she
had solmuch money previous to tho theft
Of Mr.. Gil5ride's funds 1t wns strange
that she should buy goods on the install
~ent plan.
The charge of tue chief Justice ceeu-
pied 15 minutes in its delivery and
aliRhtly favored the prisoner.
The Jury retired for deiiberation, and
after an absence Of 25minuses returned
with verdict Of guilty, and recommen.
idation OF mercy.
The prisoner was sentenced to pay $92
restitution money and costs and BIS i'm
prisoned one month.
After some minor business court, at
LILO O'Clock, adjourned until Monday
morning next
At the opening of superior court Mon
day morning, Sheriff Allen aud Coroner
Gamble presented their official bouds,
which were approved. Sheriff Aliens
bond amounts to $4,000, and his snre-
ties are George W. Bush, Henry Robin
son and Francis N. Buck Coroner
Gamble gave bond 10 50, 600, with George
I. Barnhill and William Il. Lee Rs sure.
ties.
On motion of Hon. Charles B. Lore,
Nathaniel w. Davis, having passed q
favorable examination, was admitted to
psaotice as an attorney Of this court.
William Il. Smalley. Jr, was also ad.
mitued, on Senator Gray's motion and the
report of the committee altestinR Lis
favorable examination.
Ihs official bond OF James T. Shall
cross, recorder of deeds and mortgages,
was presented sad approved. It is Tor
$4,000, with his father Serech +. Shall
cross, as surety.
The trial list was gone over, and Of 2t9
cases on the list only IS were marked for
trial, including five inquisitions at the
bar, in which there will ne no defence.
The others we're marked as follows Con-
tinued, 1l6; passed for further cnnsidea.
ton, SO settled or discontinued, 20; re-
=~-ANA w ANAOACES lOt NtAhia H.
Judge Houston delivered the opinion
OF the court on the demurrer raised by
counsel for the plaintiff in the case Of
John M. Houston, ex-State treasurer, va.
William D. Sedgwick, special bail Of
Clayton 0 Thackery. Thackary, non
resident, was arrested on capias at the
instances OF Mr.. Houston, for debt. No
.atthaseis WIZ Gted III fgdhi. tv nv IN IS
case OF non resident. NE aete idsE,t
gave BAH Go the sheriff and at ir@ rds
gave special bail bsioTe tals protl.uuv,c., '.
The defendant raised the plea of the fail-
ure to file the affidavit, TO which the
plainti6 demurred. Tne opinion sus-
tanned the demurrer, holding that the
affidavit was merely process, which tha
deien liant waived bg subsequently coming
in and giving special bali. Rodney for
plaintiff and Nields for defendant.
The tlrst jury trial was the case Of An
thogy Rsybold vs.. George A Parker and
others. Wessrs. Bird and Bradford for
plailtif and senasor Gray for defend
ants. Mr. Bird Sui the plaintiff in 1886
leased the steamer Kennsbeo to George
Parker Samuel Nj. Felton,, Samuel Harlan
ana Jesse Rne to run on the route be-
tSesn Washington and Aqua creek. TIC
terms OF lease were 60 much per day and
the suit WIS 10 recover balance due of
VI 35l. Senator Gray 50 d shefe was no
deience and iha Jury rendered a verdict
for the plsinatf Tor fhs amoun5 claimed
without leaving the box.
Court then adjourned until 8 o'clock,
p. m,
In the case of the BRisall Companies.
aaleomh Clayton, At the afternoons
session Of court, the defendant confessed
ludgmeut 80 the amount OF $23S 80 j.
alexander Fulton, Esd, for plaintiff and
j. Frank Bigss, ESD, for defendant.
Among the cGs6s uiarksd for trial, yes
ter1ay, was shat Of jerome y, Boil, editor
Of the iSHaddy STR, against Patrick
Fahey. THIS was an action for damages,
growing ont of an assault and battery BY
tlheY upon Bell in the office OF the STIR.
FaheI called al the office to demonstrate
agsinst publication in the pager which
ne considered reflection upon his char.
acter, ana before leaving asaenliea Mr.,
Bell with a chair, inhictine severe in
I12ies After criminal prosecution
Fancy was found guilty Of assault ard
hnsd %l5. This action Mr.. BsiL followed
wish . civil suit for damages which was
to have been tried at this term. Mr.. Bird
counsel for Fehey, announced Monday
afternoon that thu case was settled Fahey
was hntd $3.50 snd costs.
II the case Of John F Ruth, defendant
below against Aart d Brother, plaintiffs,
below, castiorsri, Johnston & HAYES. at.
torheys t0r defendants belnw, agreed That
tpa Judgment haloE should be affirmed.
Ia tth case of Sarsh j.. Weir against j.
4 y Paul Lnkens and George O. Ward,
action dfIeplesin, iefsudants' counsel an.
aouHeei settlement by Judgment Tor
p'aiatltf with costs. Lore & Enimops f5t
plaibtiG, Johnston 4 Hayes for defas l.
anfs.