The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1889-12-20

COURT PROCEEDINGs.-The case Of the State
VS.. VIM. B. SAILOR and Gilbert Vauuerpoo,
charged with having iruudulenty SO d DusneI
of cloverseed to Grafton Devoe, was concluded
on Saturday, the jury finding Nanderpoot guilty
aud Sayor not guilty.
Mr. Devoe's testimony was that he bought
from VanderpoOl a bushel Of ciOverseed, which
was guaranteed to produce two hcls OF SEED
TO the acre aud which the association that
Vauderpool represented agreed to buy from him
at $50 bushel. He had it SOwcd and it failed
TO produce any clover. lie gave his note to
Vanderpool for $50 or $50.
MIR. Allen Hoffman, OF Bel Air, asked TO cor
rect his testimony Of Thursday, and said he had
since found the note among some old papers,
where it had been accidentally miblad. 1t was
for $50.
The case was argued by States Attorney
Webster and Mr.. Geo. Y. Maynader for the
State and by Messrs. Geo. l.. VanBlbber and
WIN. Young for the defence. The jury foun
Nanderpool guilty on that count of the indict.
meut that charged him with taking the note for
the seed without setting forth in it the kind
and variety of seed sold and a statement OF the
advantage, superior quality of the seed the terms
on which it was sold and general warranty,
the act Of assembly requiring these facts to BE-
stated.
The act of assembly was passed on the 5th OF
April, 1855, and the transaction was on the 9TH
April, 1888. A motion was made for new trial
The petit jurynen were all discharged last
Saturday, with the exception Of panel selected
to hear an insolvency case, on the 20th instant.
On Tuesday Judge Walters heard argument
in the motion for new trial IN the case of Gil.
bert Vanderpool. Mr.. Maynadier argued on be-
half of the State and Mr. VauBbber for the de-
fendant. Judge Waters sustained the motion
for new trial and fixed Vanderpool's bail at
$500. The ground upon which the new trial
was granted was that the indictment alleged
that Mr.. Devoe had given Vanderpool note for
$50, and the proof offered was at variance there
with, the note being for $50.
States Attorney Webster asked that the sen.
fences imposed upon Daniel X. Burrill and Mrs
law, be enforced that they should either give
bond for the payment of the fines in sixty days
or be committed. One of the cases had gone to
the Court Of Appeals and it was understood that
the rest were to abide the decision. This was ad.
verse to the defendant and writ of error was
prayed by MesGrs. Young, Maynadier aud Van.
Bibber, counsel for the defendants. The case
was continued until Thursday.
In the case of George Richardson, convicted
of assault and battery upon his employer, Mr..
Ralph e. Wilson, Judge Waters said he had
received a petition asking him to change the
sentence from Imprisonment to fine. This he
could not do, but he would mitigate the SEN
tence by giving the prisoner thrce months ill.,
stead of oLe year in the House of Correction.
In the Stamford case Messrs. Young and
Williams argued, in support of the motion for
new trial, that there was newly discovered
evidence, going to show the Inconsistency of
Mrs. Standiford's evidence against her husband,
and that she had been heard to tell her Young
son, in the court house, "Dou't testify as
George is doing. Listen to me aud swear as
swear"
Judge Walters said that if the jury had be-
lieved the evidence in its fulluess they would
have brought ina verdict of murder in the
first degree; but no doubt they fully considered
Mrs. Standiford's auimus against her husband.
He therefore oyerrued the motion. Stand ford
was then sentenced to years in the penitentia-
ry. Frank A. Buschman, for larceny of Chas,
E. Creswelrs horse, to 2years in the pententlary
and VIM. Dorsey, for larceny OF Mrs. Wyrsn's
gold watch and chau, TO IS months In the PEN
itentary.
The motion for a new trial In the Bel Air
cluh casr Was oyrr.ruled The pasa will IN IN
the Court of Appeals.