Smyrna times., 1888-05-02
Kent County Court.

The session of the Kent County
court which adjourned over because 1f
the death and burial of the wife of
Chief Justice Comegys from Tuesday
to Friday, Te-opened Friday morning at
IL O'Clock, with Judges Gru0b aud
Paynter on the bench. Jacob Bates.
cOlored, indicted for the larceny Of
chickens, pleaded guilty aud was sen
fenced to three months imprisonment
and five lashes. William Benson.
charged with the larceny of clothing
from Il. G. Barnard, was convicted and
sentenced to six months and five
lashes.
Messrs. Smithers and Ridgely, coun-
sci for w. Frank Jefferson, of Smvrna
filed a petition to set aside the Sher.
MS sale Of the Smyrna Hotel property
and the case will be argued to-day.
The criminal business of the court
was completed Saturday. James Tru-
ut, colored, was convicted of assault
with intent to kill Fred Lawrence. the
bailitf of Camden, and he was sem
fenced to an imprisonment of three
years, fined $500, given one hour in The
pllIory and twenty lashes.
James ShOckley, colored, and a vouno
man named Barton, jointly indicted
for taking horse and carriage with
out the owners consent and using il
were given thirteen months in iail,
b. I. Willis, for an assault to which
he pleaded guilty, was fined $40 and
given thirty days in Jail.
The grand jury Friday afternoon
found true bill against Napoleon
Gray, Of Milford for maintoinino a
gambling room, and Saturday they re-
turned two bills against the Lowervs
OF the same town for selling liuuor ON
sunday and to minors, and also Il true
OIL against Faulkner, "a distiller whose
place IS near SandtOWn, below Hor-
rlhSton' for selling liquor in violation
OF the law. The Lowery's indictments
were found because the people of Mil
iord took Judge Grubb at his word
last term. e, that if violations Of
iaW We're proven against a hotel orO-
PrIetor, license would be refused-so
they have dropped the remonstrance
plan and are in fair way to prove
their charges. The L0wervs will come
up again for Il license next fall
The case against Gray is MAKING
considerable stir, as he is a prominent
cillzen OF Milford, and is said to be
large property holder there. The cas-
e. all 80 over till next court. There
are but two cases marked for trial ON
the civil list, but several imnnrtrnI
rules will be argued But four prison
efs were Wrapped Saturday, and the
highesJ number Of lashes received was
ten.
The Roach case went over till next
term. Colonel Cooper, Roach's conn
sci, who had been to Crisfeld. was in
court Friday afternoon ready for trial
With atiidavits from persons who knew
Roach's antecedents to the effect thai
the boy had always been weak-minded
Attorney General Biggs, the court and
the railroad men are of the Oninio,,
from remark Roach made that tbn
case should be further investigated
10 question from Drs. Pdryis and
cooper, VINO were examining him
Roach said that he had turned the
switch because "a man with a White
hat and black moustache who gave
him the crOwbar to break the switch
lock with, told him to-" The author.
ltleS VIII now endeavor to find the
strange man.
Cmei Justice Comegys presided and
Judges Houston, Grubb and Pavnter
were on the bench when the SuDerior
Court opened Monday morning.
samuel Masten. colored. who was
convicted at the October term last wear
OF aiding and abetting a colored apnren.
nee to leave the employ of Stanley
wharton and who was held in his own
recoSnizance until the present term
was, upon motion of his counsel. Beniah
Watson, Esq, discharged.
Considerable interest was taken in
Masten's case last October and il is
claimed his discharge settles an imnor-
tant point. He was convicted under
cnapter ~, section 10, Paynter's Code.
~hicn says: If any person shall
knowingly advise, promote or aid the
running away of any negro or mulatto
apprentice or servant, whether indeu-
tured servant or not, 4 or
shall knowingly aid or assist him from
MS masters service, such person shall
De deemed guilty of a misdemeanor
and shall be fined not less than slOO
nor more than $500, and shall be i'm
prisoned for three months" As stated
Nlasten was convicted, but sentence
was not passed upon him, because his
counsel, Mr.. Watson, filed a motion
lor q new trial on the ground that the
code above quoted was in conflict with
the thirteenth and fourteenth amend
ments to the constitution of the United
States, because it made distinction on
1pnnTInf nf nIr
amlned Mr.. WatsOn's reasons, and the
discharge of Masten without argument
denotes that the judges thought them
sound. This was the first case that has
arisen in this court under this criminal
status since the war.
The domestic vs.. foreign attachment
rule in the case of J. II. ADel. of Mil
ford, was argued Monday afternoon.
and Mr. Causey won, as the court de.
clded that where the family of an alb
scOnding debtor remained i'm the State
domestic attachment was the proper
mode of procedure for the creditors
rms VIII radically c1ange the attach.
ment business in Kent county. Messrs.
FultOn and LOlland argued against Mr.
Causey.
The term will probably end TODAY.
The license list TO be acted on is
anxiously watched by both sides-tem-
perance and liquor men. There are re-
monstrances against Newman, Of Har-
rington, and both the FELTON, aI,iican.s.
as well as the application Of Mr. Mel.
win, of Kits Hammock.
For Dry Goods go to Cran"r & Co
62l Market street, Wilmington.