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

| yesterday morning.
| State VI. John Warner, coluta1, aiias
Walter Gibbs, alias Thomas Smith, for
the larceny of o watch and chain, valued
at Sl25 from Edward A. Gnder o this
! city. Deputy Attorney-RenerG Davis for
the State and Waiter Bacon, Eaq for the
| defence. Mr.. Ginder testified that his
watch and chain were stolen from his
pocket on the night OF August 9Th, and
| two weeks later this watch was returned
to him by Ohief Of Police Swcge.t. John
| u. Baker, an empioye OF Philadelphia
| pawnbroker's office, said that the prisoner
came 10 hia place Of business on august
! 9th, and wanted to pledge the watch for
| $50. As the applicant gave the name OF
John Warner, while the name Of q. A.
| dinder Sppeared on the watch, his suspi-
| oions were aroused. He asked him where
he got the watch, and Warner said he
bought it from, bia brother and that his
brothers. name was McGinty. Warner
was at first insolent, but finally became
| frightened aud ran, when the Witness
followed and had him arrested. Chief
Swiggett testified to bringing the prisoner
from Philadelphia here on a requisition,
snd recovering the watch at Baker's store.
The prisoner frat told MIN he had bought
|
wards that he had bought it from man
at the depot.
For the defence Emma Morris, colored,
testified that the prisoner, whom she
knew as Thomas Smith, boarded al her
house, No. 1913 Tetn6ll street, md ON the
night Of the 9Th of August was not ont
of the house after s o'clock 10 the even
ing. He left the house of G O'Clock ne xt
morning TO so to Philadelphia, having SO
with him, but soon returned and want d
to borrow some money from her. Mont
gomery Sullivan, colored, said he loaned
the pri7oner 50 ceDts the morning he
went 10 Philsdelphis. Both witnesses
Pavp the prisoner good reputation for
honesty. Harriet Smith, the prisoners
mother, who lives at Tfappe, Talbot
county, Md, also testified 10 his good
character, as did William e. CLARK. Soott
Loper and Solomon Bantum. In re-.
buttal, Recorder Shallcross testified that
the prisoner lived with him for two
months, and that his reputation was bad.
He pDid him 81 SO too much in giving
him his wscss aod Smith refused to re-
fund the EXCESS.
Pending argument court adjourned
until ? 80 O'Clock. p. m.
During the morning the Csntwall
divorce CASE came up Gu the ques ion OF
the amount OF alimony and expenses to
be paid by DIR. Oantwell to his wife
dnring the tendency of her suit. Mr.
Bird, representing Mrs Oantwell, insisted
on $40 per week. MIR. Lyman, for DR..
Cantwell, said his client claimed that he
did not make this much money. Mr..
Bird said he understood to the contrary.
Tbs oourt made an order for the payment
by Dr.. Oantwell Of $50 per month, and
$50 for counsel fees.
The case OF John Werner, alias Walter
Gibbs, alias Thomas Smith, colored,
charged with the larceny of Edward A.
Ginder's gold watch and chain, was
argued by counsel at the after
moons session OF court, and the jury,
after celebrating for ten minutes, re
turned verdict Of guilty
State VS.. Michael j. Foy, for assault
and battery on William H. Hurd. Deputy
Encouragement Davis for the State and
John H. Rodney, Esq, for the defence.
William II. Hurd testified that on the
evening OF September I'd, Toy, without
provocation, assaulted MIN in front OF
HE house at Dobbinsville, New CASTLE,
drawing revolver and threatening TO
shoot him. Foy, he said, also pulled
him off the step. struck him once and
Kicked him In the face. Mrs. Hurd ran
between the two men and Foy Threatened
to shoot her, when she tainted. Hurd
said there was trouble between him and
Foy because he went to work ut the roll.
ing mill wnila strike was in progress.
Mrs. Had said shs heard Foy, making
threats to kill ''scab," meaning heI
husband. She described the episode il
front OF the door, and said tha; when
she rushed between Foy and her husband
Foy's friend, Mr.. Gregg, tripped her,
when she fell down and tainted.
For tn defence Albert Gregg said thai
while there was q fuss, Mr.. Foy did not
use revolver, nor did he nave weapon
about him, as was shown by ssriol
search Of his clothes, just after Mrs. Hurc
tainted. The search was made ut Foy's
request, Hucd having accused him o.
drawing pistol and threatening to snoot
Court here adjourned until 10 o'clool
yesterday morning.
At yestarda mornings court II. pH
Ward, E.q attorney for complainant pre-
ssatei tho return Of IL. .. Conrad, Esq,
commissioner TO take TESTIMONY IN the cast
of Theodore Poneicki Va. Annette Pon0lcki
libel for divorce. The return, which re
commended the granting OF the divorce
was approved by the court, On MIR. Mhrdi
motion the custody OF r. CHILD Of the couple
elk years old, WAS awarded to the father.
The trial OF Michael j Foy OF New Gas
, tie, charged with assault and battery oil
William II. Hurd. was resumed. Mrs
Roannna Owens, for the defencs, testified
that Hurd seemed 10 be the Rsgressor anC
: and threatened Foy with pistol. Sh9 wal
looking on when tbs men searched Fey
but sas no pistol. Mary Hardy said iha
: Hurd came out OF his door, with brlck II
his hand and called after Foy, who hat
passed by. In the subsequent quarrel sh
; said MIR. Hurd first struck MIR. Foy. MIR
Foy had no revolver. William Brow
helped 10 search Foy, but found no ia
voiver. john ]. Gormley and PGtricl
HagAn testified to POy's excellent reputa
ton for peace aud good order.
In reGuttal Mr.. Davis called Hurd, til
prosecuting witness, who, In response t
mir. Davls' inquiry, said he did NOT balon
to any labor union. The Officer was to shoS
why Hurd had bean called a ''scab" durini
a the trouble with Foy. The court held tina
: this not evidence in rebuttal and stUppe
= further Inquiries upon that line.
The cage was argued by counsel and tn
. jury, alter delibJfaiing for quarter OF a
: nour, rendered Il verdict of not guilty.
In the case OF Edward Denby colored
indicted for assault and battery upon Mrt
o Margaret s. HuKill OF Mlddetown, wit
q criminal intent, w. s. Hlles, Esq. prison
!, er's counsel, Withdrew the. pisa OF no
/. guilty and entered one OF guilty as In
/ dieted. Mrs. Huklll was ca led and testi
:. fed to the circumstances OF the assault
She was driving from Odessa TO Middleton
on ths evenin of september 10Th, whe
Q she ielt something knocking against he
feet, which ontinued SO long that she b,
J. came confident some one was sitting on tn
back part OF the carriage. Aiterward sh
a felt the movement 80 perceptlby that sh
!, was sure her suspicious were correct. bh
4 reached around with tho whip and CT