Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-05-09


day afternoon with Chief Justice Come.
gys ard Associate judges Houston and
Paynter on the bench. On the applica
ton of Deputy Attorney General Davis
several prisoners, whose terms have ex-
pired, were ordered to be discharged.
walter Bacon, Esq, counsel for James
Murray, colored, indicted for larceny in
robbing the money drawer Of Y. w.
Fem, said that he wished to Withdraw
the ples Of not guilty and enter that of |
guilty. lie also stated that as the pris-
oner was suffering with an abscess on his
neck, he would ask that the time for the |
infilction Of the lashes be placed at date
which will allow an opportunity OF ask
ing the Governor TO remit them. The
Chief Justice sentenced him to pay the |
costs Of prosecution, S2,02 restitution |
morey, be imprisoned one month, and on
Saturday, the 18th inst, be whipped with |
five lashes,
Edward Cassidy and Robert Levi, a
colored boy, both of whom plead guilty |
ts carrying concealed deadly weapon,
were sentenced TO pay the costs Of prose-
cution, ard be imprisoned 10 days.
William Hoyt, go years Of age, who
pleaded guilty to the larceny of horse
| blanket, stated to the Cou., that he was
| drunk when he committed the act, or he
would not have doneit In consideration
OF his age the lashes were remitted, and
he was sentenced to pay the costs Of
prosecution, ~ restitution money, and be
imprisoned two months. When the
sentence was pronounced the prisoner
thanked the Court for being merciful.
Robert Briggs, colored, who pleaded
guilty to the larceny of violin aud case
valued at {2B, was sentenced to pay the
costs, t2G restitution money, be impri-
soned three months, and on Saturday
Iext he whipped with ten lashes.
Nathariel Davis, Esq., attorney for
John McGaw, who plead guilty to the
larccny of clothing and o'her articles
from the store of Rankin Armstrong at
Newark, stated to the court that he had
telel honed to Mr.. Frazer, the employer
of the accused, and that lie had given
him an excellent character. MIR. Davis
also said that If he had the time he could
produce several Witnesses in regard to
character, and the court decided to sus-
pend entence for the prese H.
The case of Thomas Killoran, charged
with dcserting his wife aud Chi dren, was
then taken Up.
Maggie Killoran te, tilted that she Is the
wife of Thomas Killoran, when 8. X d.
! NuO tuC hC-
tense, objected on the ground that she
could not testify whether she was mar
ried or not.
A young man was sworn, who testified
that he knew that the parties had lived
together as man and wife, but he did not
witness their marriage; neither had he
seen certificate to that effect.
MIR. Smith objected on the ground that
this testimony did not show that the
parties were married, but the objection
was overruled by the court, who decided
, that when msn and woman lived tc-
gether as man and wife, and were known
+ and acl nowle lged themselves fs euch, 1t
was proof sufficient that they were may-
/ ried.
Maggie Kloran testified that the is
the wife of Thomas KillOran. About
four years ago she found thst he was try
ing to give her poison, and she left him
aud went to her mothers. She afttrwa' d
returned and lived with him until she was
taken sick with the typhoid fever.
. She has two children, boy and girl
and while she was at her mothers hei
! husband came and took tte boy way
While she was living with her HUSBAND
be ouly allowed $3.50 week TO keep th'
housa. although he earned about 6l2 I
X. i
asked her to live with him again, but she
refused to go as ehe Is afraid of him.
Mr.. Biggs read letter thst the de
! fendant had sent to his wife, In which he
= admitted having given her croten oil,
but said that he had done It for the pur
pose of purifying her breath, which he
alleged was very bad. He offered to live
with her II she would come back and said
that he blamed her people for al, the
trouble between them.
Mary Stanley was called as a witness
for the defense, and testified that she
knows the parties and lived next door 10
them for some time. She always found
them very quiet neigbbo-s and never
knew of any trouble between them.
Maggie Fernan testified that she has
known the parties for several years, but
had only been in their house twice. Each
time that she was In Mr.. KillorRn was
home and seemed to be very gentle.
manly. He was very affectionate toward
the children. The witness mad heard
Mrs. Killoran say that she wanted her
husband to break up housekeeping and
go to live with her mother, as she could
not do her housework.
This concluded the testimony for the
defense, and Annie O'Harra, a sister of
the proeecutrix was called in rebuttal.
She testified that she was with her eister
while she was sick with the Uphold
fever, and that during that time Killoran
did not treat his wife right, and was
always lussing with her. She heard him
tell her TO get up and go to work, rs
nothing allied er but laziness.
A young man testiled that Killoran is
a morocco dresser and earns frem Sll to
Sl3 a week, when the Court ordered him
to contribute t5 a week toward the sup
port of his wife and children and to fur
nlsh 1900 tecurity for the faithful observ-
ance OF the order.
As this concluded the criminal busi-
ntss, ull the jurors were discharged until
10 o'clock next Monday morning, and at
40 o'clock court adjourned until the
same time.