Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-02-07
MORE OFFENDERS.

-Aas0rhVonh bc9elom Of
Court-sevoral Prissusrs ssntsnced-.
The Case Of James Brophy, the Union
Mouider.
Chief Justice Comegys and Associate
Judess Houston and Paynter were on
the bsnch when court resumed YESTERDAY
afternoon, and Immediately after the |
opening several prisoners were brought
In.
James jackson, eolored, pleaded guilty
70 an Indictment charging him with the
larceny of an undershirt and pair Of
drawers valued at 01.tD, frem Charles
Ii. Brown on January Let. He WAs
sentenced to pay the costs OF prosecu-
tion, tl.b0 restitution money, be impris-
oned six months, sud on Saturday next
be whipped with nvo lasles.
Bayard Douglas, colcred who pleaded
guilty to . charge Of the larceny Of
pair OF shoes valued at 81, the property
OF Ward N. Boyer, on December 6, was
sentenced TO pay tho eosA Of prosscu-
tion. " restitution money, be inprisonsd
slx months and on Saturday be whipped
William Powell wss indicted ior tbs
larceny Of . bed quilt valued Il 81 from
Russell h Mlssimer on January ~. He
pleaded guilty and wa sentenced 70 Day
the costs Of bis prosecution, el restitu-
tion money, be impris0nsd six months
and whipped with hve laahas.
\ Mary Johnson, c0lorSd, pleaded not.
guilty to nm Indictment CHARGING her
with the larceny Of two teacups. two
plates and silver spoon on September o.
A Jury WAS then drawn to try the case
OF Moses Moody, Thomas Burke and
Hugh MnCormsck. indicted for misde-
moanor III driving away horse belong.
iug to Dr.. Peter Cooper on December VI.
The State was represented BY Deputy
Attorney General Daviss and alter 9
nation OF Witnesses.
DR.. Peter Cooper tsstlfied that ON De-
cember % he left bis horse and carriage
standing on French Atreet near Front.
When he returned he Was informed that
four men had got In aud drove away. He
next saw the team. about two houTs and
half later, 10 . stable yard. Three OF
the wheels were broken, All but tho hub
Of one being gone.
Harry Sharp. . boy, testified that he
saw the carriage come up French street
TO Fourth, and Identified McCornack q
ono Of the mon that was In II.
Robert r. Eraim testi0ed that on Tho
day In question he saw the men In thu
carriage. At Fourth end Ercnch streetl
they broke one OF the Wheols.
Joseph Macy also saw the carriage al
Fourth street about % o'clock ou the
afternoon OF December 20. Thore were
several men In the carriage, aud the wit
mess thought the horse was running
I away.
james X. Brown tsstinsd that hs saw
the team 1t Fourth -snd French streets
and recognised 1t ~ belonging TO DR.
Cooper.
Lewis L. Pritcbest Identified Mood,
( saw run along King street and hide iu al
| alley. He undertook to arrest one o
J them, when he Wa struck in the face.
Q Officer Cheairs testi1ed that hs hear,
Of the horse and oasSisgs being takei
and notified the officeso over the Brandy
vino TO look out for he thieves. H.
, eltcrward found the tam at Fourth AMI
! I French streeta and irbm Informs alto
!, which he received be arrested the thre
! men, but White, ths fourth man Of tn,
: party, escaped.
Sergeant Peterson testified that he q
\ sisted O1lcer Chesirs In making the ~
|. rest.
J This was the last witness called BY th
y State, and William 7. Lyman Esq, VIII,
appeared for tho prisoners, commence
the examination Of Witnesses for the de-
Tense.
! Jane, 4. Alexander, . boy, testlfie,
: that he rcsides at the United State
; Hotel. On the day the team WAS take
he saw White get In the carriage an
drive up about twenty feet. TO where tn
prisoners were standing, and say some
! thing to them, whom they all got In an,
!. drove oil.
Alopzo Foster tesslflcd that on th
afternoon OF December 81, he waA In th
barroom Of the Unit q Bsates Hotel, will
tho prisoners, when White came In an,
2 invited them to 60 around Ito hi, house
y The witness did not feel very we'll AM
declined to 20, bn. thsy 81 went out OF
went up the street q short djstance, bu
returned In fow minutsa with the car
ria.e. He Invited them all to get In. an,
! upon the wi,nes, rsfusing. the others 60
In and drove oil.
Aftor argument to tho jury BY Deput.
= 4 Attorney Iencral Dtyis for the State
I and william 7. Lyman, Esq, for the de
. fense. tho jury were briefly charged b.
4 the Chief Justice and they retired Vt 4. q
y O'Clock. They returned In about tel
minutes with verdict OF guilty, and tn
Brisonars wero committed until thi
, mOrning.
The Grand Jury came 10 at 425 o,clocl
and made o prescntment IN tho case O
Z James brophy, reheaning the testimon!
! of the Witnesses as given before them
= which was the same ~ that given hefor
. Judge Ball. and Published In the REpUB
IIoAN ut tho time.
The object OF the Grand Inquest Il
presenting this testimony was for tn
purpose oi asking Instructions from th
v court as to what manner of misde
\ meanor, IL any. they could indict the ac
= cused for.
a Attorney General Blegs said that til,
n Grand Jury had pursued this course a
q his suggestion. This man was one of th,
!. strikers In an Industrial works In thi
q city. aud a. shown by the evidence, mad
practice OF annoying the non-un ioi
mon who were employed In their places
He said that be did not know of an
; statute that applied TO this case, bu
!. the learned Judge OF the Muuicipa
Court bad deemed tt proper to hold TN
accused Tor this court. The document
In this case came to him In the regula
o course, but after On exhaustive examina
/ ton OF the law he fslt II his duty to stat
y that, In his opinion, therc is no provision
: At common law BY which this man car
4 be Indicted. II 10, therefore, In ordel
that tho Graud Jury may have cleal
understanding Of the case to 30 discharge
thsIr duty dosired that your hunors pssi
!, upon the question because. although II
10 my opinion that the Indictment cAnno
;. bo sustained In the case | would not b'
- justified In overriding Judge BalIs Optn