Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1888-10-04

for tho State In many imp rtant pariicu
lars. Looking OF the case in all ita light
and according to ell ite circumstances he
could not but admit that the probability
that tho prisoner did not throw the stone
was Oh strong ss the probability that hs
did. He had never asked for the conyio
ton of q prisoner he did not believe TO
be guilty, and In this case he could mot |
consciantiously ask for the conviution OF
the prisoner. he, therefore, asked the |
court to instruct the jury to render YER
dict OF not guilty.
MFR. BiggR' announcement was received |
with burst Of applause from the audi. |
anoe, which the court quickly suppressed. |
The chief justice said the court room was |
not the place for such demonstrations, |
and the next time there was general out |
break OF applause over any proceeding of
the court or jury, he would order the
room TO be cleared.
The chief justice further said that he
thorght the Encouragement had acted
right in this case. The only testimony
for the State is TINT of the first witness,
and that is ooDtradicted There ia no
proof that the prisoner threw the stone
or that he was acting in concert with the
party that did throw 1t.
Mr. VaDdegrift prisoners counsel, said
that in justice to his client he wished to
make . statement. He had witnesses to
prove that McIahon was not at the spot
where the frsoas took place-in fact, was
not within 400 yards of II. He further
| said he had witnesses who saw the stone
thrown, and who would testify that the
| man who threw 1t was tall man over six
feet stoop shouldered and in nowise re-
| Bembling McMahon. He also had wit
nesses TO prove McMahon's good oharao.
| ter. In view of these facts he asked II it
would not be proper for him TO go on and
produce this testimony in order to vindi-
cate his Jlient's character.
The court said this was not necessary as
after the action OF the State and the yer.
dict Of the jury the prisoner vas ss free
from suspicion as he (Mr. vsndegriit)
| was.
The jury, by instruction OF the court,
rendered verdict of not entity.
MoMshon was released, and surrounded
by crowd of friends who warmly con-
gKatulstsd him, he left the coure room.
During tine afternoon, the decision of
the court In the .'peanut" cases was an
nounosd. There was no formal opinion,
simply instructions to the parliamentary
to eater an order affirming the Judgment
Of the municipal court in imposing upon
Antonio oardinali tine Of S6, with costs
for selling on the sidewalk at the north
east corner of Fourth and Market streets
The cases against all the other sidewalk
mercl ants are also determined by this,
and there, Is now no doubt Of the
authority of the municipal court to io.
pose q penalty upon all persons who con-
duct their business upon the sidewalk.
Fl. "a Ward, Esq presented q petition
from David 3 Ferris for the setting aside
OF the return Of commissioners appointed
to lay out new road in Pencader hun
dred.
William O. spruancs, Esq asked for the
admission to the bar Of john O. Patter.
son, Jr , who had passed q very ssiisiac-
tory examination, but ss one of the ex-
aiming committee waa out of the city,
and had not signed his certificate, the ap-
plication was continued until the after
noon.
Court adjourned until O'Clock.
The applications forliqnor license were
heard publicly by the court, Tuesday
afternoon. The members OF the Las
and Order Society and of the w. O T.. q
were present in force. Walter b. Hayes
and H. Fl. Ward, Esqs, represented the
members OF the Licensed iIlquor Dealers
, Protective Association, and the remon'
, stranoes were managed by Horace Greeley
/. Knowles.
To the applications of John A. North
, aud John MoUafrey there was no OBJ.
!, lection.
!, There was an objection to the license
OF George F Robinson. No. LOG West
Tenth street.. on the ground that there
WIRE too many places in that neighbor.
hood. Waiter Hayes, Esq said that Mr..
,, Robinson had held license for 20 years,
and there was no objection against him,
other than the number of places.
,, William Bareford, Third and Msrksi
streets, and Mrs Sarah E Legg, 72a
Market, encountered no opposition.
. The applications of Charles ]. FL.
Beckett. James A Kelly and frederic
! W Hsiss were for retail licenses, in sddi
! tion to their tavern licenses, and the
! court held them under aovisement.
! There was o Reconnaissance nesinst
Joseph Sell, north. east corner Of Eighth
and Cottonwood streets, and Mr.. Knowles
!, said he had been refused three times.
! john Kopp, No. 2l8 Orange street, was
! reported by Mr. Knowles as having been
, previously refused
MIR. HAYES represented George Sharp
of No. 600 Pine street, whose license was
, refused at the May term. Mr. Hayes
made plea for Sharp, but the chief jus
tice said he did not feel inclined 10 over.
turn the work OF the court last term.
There was remonstranoe against Johr
F. Gallagher. No. 500 Tatnall street.
Michael Mullin, southeast corner OIL
Front and franklin streets, who has 9
! wholesale license and wants O faverr
license, was represented by L. @. vande
grift, Esq. There was no objection
against HIN.
Alexander wellington of Seventeenth
and Union streets, was opposed by re
, monstrance some Of the grounds Of which
were that O school house is being erected
!, across the street, no saloon Is needed il
: the neighborhood, and that better ordel
has been maintained since the license fol
, his place WIS refused.
/, Thomas H. Russell, northwest corne.
, of Monroe street and Lancaster avenue
|, vas represented by w. L. Lyman, Esq
! who said the place WAS formerly licensed
and that Mr Russell is competent mar
to keep it. 1ir Knowles said there wer,
no further objections than those contained
/, in the remonstrsnce-that it was no
, needed and thsse were already too man,
! in the neighboxhOod.
/ William g. Martin, northwest eorne
Of Front and Walnut streets, was repre-
!, scented by William I. Smithers, E q ,wh,
presented number OF letters of recon-
mendation. Mr. Knowles said Mr., Mar
tin was refused license at the May term