Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-09-25
00UkT PROoBEDIEes


teruay AFTERNOON weeks SESSION or 90 ri,
rs he had stated when arraigned in the
morning that he was ready for trial, but
when the jury was drawn he said he had
witnesses he wanted summoned in his
behalf, and the jury was sent from the
box.
On motion of Harry Emmons, ESQ.,,
j. Frank Ball, Esq, was appointed com
missioner 20 take testimony in the case
Of Seraphina Bower VS.. John Bower, up.
Ilication for divorce.
William Bailey, colored, who pleaded
guilty to the larceny of pair of shoes,
was sentenced to be whipped with 1--WE
lashes on Saturday last aud be. i'm
poisoned two months. Bailey Is Balti-
more negro.
James Delaney oolored, charged with
stealing halter from the Wilmington
Transfer Company, withdrew bis Plea OF
not guilty and entered one of guilty. BE
was sentenced to two months imprison-
mens, the corporal punishment being
omitted on Officer Gaynor's testimony
that Dulaney had previously born good
character.
Eugene Gone, youth of 18 years,
pleaded guilty to the larceny Of pair of
shoes. His mother tearfully testified TO
his previous good character, and his
counsel, II. q. Turner, Esq, said he had
already been in jail two months and
taree days, awaiting trial. He was sem
fenced to two months imprisonment.
With regard to the ea4ss OF John Ryan
James Gallagher and Frank Thomas, in
dicted for assaulting and robbing Harry
Miller on the highway, Attorney general
Biggs stated that the evidence would not
sustain the change against Gallagher and
Thomas, in whose cases he asked leave to
enter nolle prosequi. With resp ct to
Ryan, W. s. Hilles, Ed, counsel for the
prisoner, withdrew the plea OF not guilty
and entered one OF guilty Of larc- ny,
which the State accepted. He was sen
ienoed to ive lashes on Saturday next
Ind two months impriso ment.
Court adjourned until ~ o'clock Thurs
lay morning.
CluNc1LMAN sHAGKEY INDICTED.
Among the trns buls found by the
grand jury yesterday weeks was one
against Councilman Michael j. Sharksy
for challenging Charles W. Edwards, pab
Usher OF the Eosnia9 J0uradi to fight a
duel. Much interest WAS felt IN the case
during tie afternoon, AS the witnesses
for the State were seen going into the
grand Jury room, and when the jury Rd
iourned it was announced hat the iudiGt.
mont had been found. Before tho court
began thia week ii WAS uud ,rstood hat
Edwards was willing TO drop the prose-
culion I Sharkey would resign his s5at
in Council, bnt this sharkey refused TO
do. lie told some Of his colleagues in
Council that lie would resign II they
would elect MIN to the vacancy, but he
could not eli OF this arrangement and SO
held on to his seat
UOon motion Of Atto'ney-g general Biggs,
at Thursday mornings session of court,
the discharge OF James Jackson, George
Anderson and Robert Toy, prisoners in
New Castle jail, was ordered, their terms
having expired.
l.. O. Vandegriit, Esq, counsel for
Michael ]. Eharkey, INDICTED for chal-
longing Charles W. Edwards to fight u
duel, applied for a continuance OF the
trial until ths November term. He based
the motion on two grounds: First, the
absence OF James f. Mcbride, a material
witness, and presented Mr.. Sharkey's aft
davit 10 the effect that he had endeevored
faithfully, but fruitlessiy, to obtain the
attendance Of this witness and could not
safely 90 TO trial without him. His sec
ind reason was that he had only been
retained in the case last night, and had,
therefore, been unable to give any special
attention TO it.
Attorney general Biggs said he was
ready and anxious to try the case at this
term, and he regretted that it could not
be tried. But the reasons offered by de-
PENDANTS COUNSEL were sufficient and he
could interpose no objection.
shalkey was held in 80, coo bail for ap-
pegrance at the November term, Archi.
bald Given continuing a. his bondsman.
State versus Annie Thompson, col
ored. for tho larceny of 10 sheets, IL
pillow cases and Is ohemises from Lydia
III. Logger. The latter di4d since the
theft was committed ON July 25th and
Mary ii. Brown, colored, who attended
TO her in her last illness, testified to the
loss of the articles. Annie Thompson
was seen taking large bundle from the
house aud she told Mary she was only
taking ( EN- hons to wash. Mary recov-
cred some OF the articles from Annie,
wgshtub, but the sheets were not recov
cred. The parties resided on Lodg.
street near Olaymont. Mary addressed
the Jury, stating that she had only taken
the Things home to wash as favor to the
sick woman.
The Jury, after celebrating half OIL
thour, returned verdict of guilty. with Q
recommendation to mercy. The prisoner
was sentenced to imprisonment for one
month. Branch II. Giles, Esq, who wa,
admitted to the bar on Monday, made
his maiden effort by prosecuting this cast
for the state, and acquitted himself WITH
unusual credit.
Frank Stanton, charged with the lar
ceny OF falling-top buggy from Franol'
l.. Dugean OF Odessa, was next tried
Attorney. general Biges fo- the State anc
W. S. Hilies, Esq, fos the defence. IN
case was d peculiar one, the defendan
on May 9th driving to Dngesn'd carriage
shop in q trotting sulky, which he lei
for repsirs, at the same time borrowing I
ralIin1-top buggy, with which to continu,
Ills Journey, lie departed in the bugg!
but did not return, and was eubsequentl.
arrested, ae gave his name as Harr.
Smith, his residence as Smyrna, arr
made various other false representation
Of the time Of thu transaction.
Mr.. Duggan told the story of Stanton
trick, and said the sulky was Amos
worthless, and would not bring more thai
So 90, while the buggy was worth $46 u
him, He never recovered tine buggy, bu
has the sulky. With this evidence tn
State rested.
Mr.. Hiiles asked the SQUIRT to instruc
the Jury to render verdict of not guilty
as the proof would not sustain an Offence
any greater than obtaining 90 is Jude
false preteness, even If it would do tina
mach. There was an utter lack of proc
Of the felonious intent necessary to COL
Htitute arceny.
Attorney. general Biggs contended tina
tie case had all the elements of larceny