Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-11-28

added that he has tried cases in this
and the lower counties, but never
within his experience has he rec.ived
such scant consideration from opposing
counsel. Never had he soen such light
consideration placed upon his course of
prosecution.
In regard to the assertions of the op-
posing counsel, the constitution does not
endorse any auch carryings on as took
place at D0bh!nsviile. With reference to
the Rogers csBe and In regard To my
dealings with that witness on this
occasion, it must have struck every one
in this courtroom with the efFfontery of
this man who came here to swear OF the
cases OF the persons now indicted. And
he has Sat during the whole case as the
prompter Of my learned friend, close at
his elbow, ell the time with sug zestions
as to what questions shall be- asked,
hardly month since he vas on trial for
his life and totally obiiYiopa of bis posi-
tion. Thrice La.3 mp Eust my learned
friend have been to choose him as his sole
counsellor and prompter in the conduct
Of this case.
After appealing to tho jury to consider
no other question but that OF the present
riot and the charge ss contained in the
indictment MF. BlEgs closed.
II was then O'Clock aud 9ourt was I'D.
j0urned. County ccurt convened punc-
tually at 2 80 O'Clock in the afternoon.
When the Jury in the Dobbinsville rot
case had taken their sests Chief Justice
Comegys charged them to the following
effect.
That the indictment against the young
men was for committing o riot in Dob
biEsvillc. II is conceded by both sides
that the riot existed. IN all his export
ence Judge Oomegys had known OF no
worse one withia the confines of this
State. The attack was made at night,
houses broken into and shots fred within
the houses. The riot to be tried is the
one alleged to be committed by these
people and no riot committed at an
eRrlier period ia to be considered. II
that were done we should be trying
issues that do not arise here. All that
| is to be determined is whsther the ac-
oused are or are not or any Of them are
the parties that instigared This riot and
so disgracsd the county. The counsel
| for the defendant has admitted frankly
as he ought to have dore that there OK.
listed a most shameful riot and he has
asserted as he ought TO have done that il
| his clients arc responsible for this riot
they should be convicted.
The counsel for the defence had stated
that every man has right to bear arms.
Yet he must act within his fesponsi5ili-
ties. He cannot bear arms TO the terror
ization OF others. People have no right
to assemble together with arms in way
which will intimidate people. That is
ono of the indicla Of riot. Then, il
they carry arms. must do so in manner
so that it shall not inspire people with
danger for then they become aggressive.
As to assisting another in defence of his
life and property-except to prevent
a breach of the peace, no one
has right TO step in and aid and
defend neighbor. Not alone those who
carried guns and broke open the houses
are guilty Of rioting, but also every one
who by his presence gave aid and cour'
age to the riotous movement are guilty.
All present are equally guilty as much as
if they were actual agsresaors.
The following prisoners who had
pleaded guilty received their sentences
William Banks, colored, for larceny, pay
full restitution money, two months i'm.
prisonment and receive five lashes.
William II. Bird, colored, for the larceny
OF boots from W, d. Piper, SO and costs,
two months Imprisonment and Eve
lashes. Annie Dutton, colored, larceny
Of money from Mrs. Mary j. Crawford,
$40 and costs and two months imprison.
ment. Philip W. Roberts. colored, bur
Glary, 81 and costs, hour in pillory, 20
lRshes and imprisonment for year.
Frank Jackson, oolored, WAS charged
with the larceny of clething from the
! - H.. - 49,
day. Everything was clearly proven bu
tue simple Identification OF the prisoner
| Jackson conducted his own case with
grsat deal Of ingenuity. He made {
| short address to the jury and then tbt
i case was handed to the latter. II tool
about 10 minutes TO decide in favor O.
jackson. The chief justice informed
the negro he WAS ut liberty. jackson
, Stared at the court for a moment theI
opened the door OF the dock, took u hol
step : jump greatly TO tho horror o
i the officials. The chief Justice and asso
t ciats judges laughed when the erstwhil
l prisoner, hardly able to restrain hi
, delight at his freedom attempted hal
0 handspring and then made break TO
. tho aisle amid the amusement and lou.
4 laughter of all in the court room.
s at 3 As o'clock the Dobbinsyille rio
z Jury came in after being out So minutes
: A verdict of guilty was returned. Mr
} vsndegritt asked for @ polling of tn
q jury, but all the members replied "yes,
: in answer to Clerk Oochran's queries
t Mr.. Yaudegrift then prayed for an arras
/, of Judgment which was granted.
The names Of Charles L. Banks an
s William q. Banks were next called thric
!. and the men not answering their bail
z were announced forfeited.
r One OF the prisoners in the dooh
l William MeGiunis, Was suddenly take
sick and WAS removed by permission c
. the ooGrt.
s At4I5 O'Clock court adjourned to
S O'Clock Thursday morning.
y County court was verY scautily attende
g Thars ay morning. Tie New Castle col
O tingent which has been present all Ii
i. week was noticeable by it's sbsenct
Q probably leaving ntter the riot trial will
o out waiting for the sentence on The
It frienda, which was to be given tn
it morning,
:. The iirst business done was to fnls
l. the case aganat frederick Douglas, co
J. ored, charged with The larceny OF goot
j. from Maurice Cohen. The case was give
d to the jury, who decided Douglas guilt
n OF the charge The prisoner was sentence
If to pay 90 restitution money, and cast
70 threa nths'imprisoumen and 10 lsshe
,s attorney general Biggs objected to Il
N granting of motion for arrest OF judL
j inent il tho Dobbinsville riot oase, {
10 WAS asked by L. O. Vandegrift, Esq
a counsel for the accused.
The court agreed to hear Mr.. Wand
r gtitts argument at o later date.