Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1888-11-22
DRAWING TO A CLOSE.
THE CASE OF HUGH SWEENEY
FINISHED.
He IL Ssntencsd to Pay 500 Fine And
Bs Imprisoned Three Months-rhe
MOuSlsy and arubb OAso-othsr
Business 7FAnsnotsd,

HestefdAy Afterroon'B session Of court
convened a. 3 O'Clock, with the Chie'
Justice and Associate Judges Houston
AMI PAynter present.
Hugh II. Sweeney Was sentenced to
pay t1e costs OF persecution, q fine OF
SlOO, aud be Imprisoned for three
mont this.
A Jury was then drawn. aud the case
OF John E. McCannOn, charged with
committing an Asssult and battery on
lsabella Elliott, OoloTsd, of Ohr!stlsnA
Hundred, was taken up for trial, The
Stat was represented BY Deputy Attor
ney General Davis, anf the defendant
b. Ho6sokeT & Hoffscksr.
lsAbSllA Elliott was sworn, and tohtl-
hed that oD July she went home from
market, whoa tho defendant came in
and asked her " she had any money 70
pay bin on The seN qg maobIne. she
iold him THAI she had no money, but
would pay him as on IS ahe could,
III said that would not do, and that n
he dit not get some money he would
take the machine. Toe Wins ssB told
him that he had 20 right to take II
without warrant, when the man WHO
was with the defendant said that hs
was constable and had q warrant,
lnd II sho did nos hush he would take
hsr too. sha Sgain told him not to
darO TO take the machine, when he
cursed her, and notwithstanding her re.
distance took tho machlne away.
On orose-exsminAti0n by Mr., Hof-
f,oEer she taid that she had the macniLo
ABOUT thrse ysa1s, and had paid Sl3 on
lt. The prlcs OF IL wAa B37, and VIXEN
hs man sold Ii TO hsz he said she could
lave IL ~ long as Hhe pleased to pay for
It, Sire Rsld that the dsisudant pushed
her over Oh the hlss, and denied ever
having blgoed lssss or any pApof oon-
cerninz tte mschlna
OhaTloje Porter, the sister Of tbs pre-
v.ous witness, testified that sha was In
the house ct tho time tie mGchine was
lskoD, She vas mp Stare and d d not
zee tie essnult, but heard the sccfl
down stair. When tbs came down the
men were empty ing the drawers Of the
machine, aud AfterWRr's took the ma
chine away.
THIS was the last w,tns5s called By
he state, and SIR. aoffecksr optnsd TOR
the defense,
William W. 0aTdper testified that be
sold the 70 snhine to tho prosaou.rix in
No n6iF, 1885, and that abe sieued
her nsrk 70 contrast 10 pay for It in
insts lmeBts
Albert o Barton tes'ilsd ttat he went
70 the house With houAnnon to get the
machine or some money. When they
e9W the woman she said the DID rot
knoW VII n sbo could give them any
N mohey, aud refu sed 10 let them have
tae machine. The witness emptled the
drawers hlmasif, and was positive that
MOOsEn non had net laid his hands on
her. There was nothing said about the
witness being constable or that he had
o warrant.
The case WAS submitted without aygu-
ment aud this jury retired at $50
O'Clock. They did BOT come In until
nearly O'Clock, Whea they rendered q
verdict OF not guilty and the defence ant
WAS discharged.
a jury wss thin drawn to Try the
oAse OF CHARLES W. Smith, oolored, in
diosed for assault with intent 10 kill
John W. Darcy, county constable
Deputy Attorney General Davis SD
peared for til S.Ate ard Wlllarl Hall
Porter, E'q for the defense.
John W. darcy testified that he went
to tho house OF the defendant, over
Eleventh strset bridge, with . writ Of
He found the door open
aad walked I'M he was about halls
through reHdiDg the writ when tbs
]
Jumped mp and TAB At Tim with corn
Enifs, He then laid the knife down
aud tosk his gun, which he cooked Aad
pointed 1T the witness, saying that he
would blow bis ID brains out II he
didn't so out. Ths WitEsss get out ard |
reported to Mr.. FIsher, the agent for lhs
who had a warrant Issued for
5mith's Errest.
r U L1Skton, q olatk employed by
Mr.. Fisher, testified that he acoompa |
MED the oOn'tAble TO the house occupied |
by Smith H9 ooFrohOrated his testi- |
monv in reference 70 Smiths Actlons,
aDd testified that he said he had bse
told by thoEe in authority to take his |
guu and shoot any one who attempted |
10 tjueh his goods.
This CLOSED the testimony for the |
St1ts. and Mr.. Potter opened for the
defsnBe.
Ids Smith testified that she Is 3
daughter OF the prisoner and was ct |
home The day Oasey came to their |
house. BE pushed the door oren and |
came in. Her father Was sitting there, |
and whom Darcy commenced 10 read he
warrant her father told him to go out,
and then took down his GAZE Re tod
Carey II he diin'I get out no would hit
him with 1t. Her father pointsl the
cane at Carey and ne ran out and
Jumped over tho fence; she supposed h.
vas frightened at the cane. Shs did
not see her father take down the gun or
;hB corn knife.
This olcBed the ttstln ony, nnd Aa Mr..
DAVia waived bis opNninR Mr.. Porter
M Ade . brlef Argumtat, af4sF which
Ar. Davis made the closing argument
for the State. The jury was charged
BY the Ohlef Justice and retired o.
So O'Clock, They came In Of 5O7
o'clock with \ verdict Of guilty OF as
sAulE only, and Smith was sentenced to
pay the costs. $40 iiEe and be impris-
0 led ne ytar.
The case Of Prince Mousley, charged
vi h e0m mittiDg an Assault With intent
o kill Henry G. GFubb, on SEPTEMBER
% h, VISA then called with Attorney
General Bigss for the State and William
I. bmltherB, Egq., foT the defense, By
,onsent Of the Attorney General the
prisoner Was permitted to plead guilty
10 ssBSult
Hears G. Grubb testlaed that on sep-
.ember 25.h he found that Thomas
Nous ey, who owns lot adjoining his
properly had oommsEosd to pnt up .
rev division fenOa, and rs he WRs moV-
ng the fence over on sue property of the
ho sRrned the mau who was
pulling Il up to desist. The witness
vent to his store, and u about An hour
received note AskipR him to
,ome ont to the lot. He
vent at encs aBC met Thomas
dousley aud his son EFinoe. Nous.
5y asked him what was the mat
er, and he replied; "Why, you are tres, I
passing on my RroG1s.' Mousley de. ]
lied this and some words passsd be- (
,waen them, when MOuslsy grabbed
aim by the AEma and he Was thrown
logu. While he VS. down Thomas