Evening journal., 1890-09-18
TO THE NOVEMBER TERM AT THE
DEFENDANTS REQUEST.

IN motion or harry Emmons, ESQ j.
Frank Ball, Esq was appointed COM
missioner to take testimony in the
divorce case Of Ssraphina j. Bouer VS.
John Bouer.
William Bailey. for the larceny Of a
pair of shoes, was sentenced to pay res
litution, be imprisoned two months and
receive Eve lashes.
James Delan ey, colored, charged with
halter worth az from the Will
mington Transfer Company, pleaded
guilty, and was sentenced to pay the
costs, 80 restitution money and be i'm
prlsoned for two months. Chief Justice
Comegys told him to be careful of hal.
ters in the future
Eugene Cohen pleaded guilty to the lar
ceny of a pair of shoes. His mother
asked the leniency Of the court The
sentence was two months impris onment,
costs and 50 restitution money.
In the case Of Gallagher and Thomas.
with robbery, a nolle prosequi,
was entered by Attorney General Biggs.
John Ryan on the same charge, withdrew
the plea of not guilty Of robbery and
entered through his counsel w. S. Hilles,
Esq plea Of guilty of larceny, which
was accepted. Ryan was sentenced to pay
81 restitution money, be imprisoned two
months and whipped with Ave lashes.
Horace Rhodes who was out on 800
bail did not appear and his bond was
forfeited.
Very little business was transacted
during the session, and the lawyers
spent the idle time by playing the pres
ent trick.
Duel Case Postponed.
The most interesting incident at court
this morning was the postponement Of
the trial Of Councilman Michael
Sharkey charged with challenging
Charles w Edwards, of the EVENING
JOURNAL, to fight duel
When L. G. Vandegrift, Mr.. Sharkey's
counsel, arose to address the court some
motion was expected. he stated that
James F. Mcbride, who had been with
Mr.. Sharkey through his memorable
trip was out OF the city, and as he was a
material witness, Mr.. Vandegrift asked
that the trial be postponed until the
November term OF court.
Attorney General John Biggs stated
that he was ready and anxious to have
the trial, but had no objection to the
postponement. Archibald Given was
continued as bondman, the bail being
placed at $4,000
On motion of Attorney General Biggs,
James Jackson, George Anderson and
r. bert Toy were released from Jail, as nc
indictments had been found against
them.
Annie Thompson, coiored, charged
with the larceny of bed clothing and
wearing apparel Of Lydia NJ Logger, was
tried. Several witnesses gave connect
ing testimony. Branch Il. Giles, ESQ.
the new lawyer. had his first case. acting
as prosecutor bis questions were
clearly put and brought out the salient
points we'll The prisoner had
no counsel Emma Harmon testi.
fed that he saw Annie Thompson
taking big bundle from Lydia Logger s
house. The only defense was that she
took the clothes to wash them. The
jury rendered a verdict of guilty, with 8
recommendation to mercy, after being
out fot half an hour. She was senten.
ced to pay S12 restitution money and be
imprisoned one month.
Frank stanton Guilty.
Frank Stanton was charged with the
larceny of a buggy owned by Francis
Dugan of Hockessin. Dugan was the
prosecuting witness. Attorney General
Biggs represented the state and William
s. Eilles represented the defense
Dugsn's evidence was that on May 8,
stanton left a sulky at Dugans carriage
shop for repairs and borrowed falling
top buggy which he was to return
the following Saturday he said hi
name was Harry Smith. He never re-
turned the buggy and the sulky is still
at the carriage shop The sulky wal
worth 50 so, the buggy, $35 When thu
owner of the buggy heard that Harry
Smith was not his customers real nam,
he had him arrested Stanton said thai
he did not know where the buggy was
for he was drunk when he last had It.
MIR. Hilles asked the court to instruct
the Jury to give verdict of not guilty
on the ground that the state had no
proven that Stanton intended to stea
the buggy when he borrowed it, Il,
| held that he borrowed the buggy in goog
faith and would have returned it If b,
could. Mr.. Hilles called witnesses e
Stanton's good character Mr. Bigg
said to himself young man you havi
ipped I'D on character this time, anC
gathered up half dozen police officers
who testified that Stanton had bar
character. The records of the court
showed that Frank Stanton had beef
convicted Of driving of a gelding il
1884 and of obtaining money unde
false pretences in 1889
Mr.. Hilles in addressing the jury he'll;
to mis- original point that the state hal
proven no intent, and told the jury tina
| the mans character previously SHOULD
have no weight in trying the presen
case.
Attorney General John Biggs dragge'
/ the prisoner over hot Goals in his speed
TO the Jury He said .he stat
could not prove the whereabouts 0
the buggy because the prisoner woul
not divnIge it. Stanton told Dugan hi
name was Harry Smith and that he live
| in SMYRNA No honest man would d
such a thing. he took the best bugg
in the place and never returned it an
never explained what became Of it
Stanton had been before the court man.
times and was a notorious thief
Chief Justice Conveys charged tn
Jury as to the law on the intent to com
init larceny, and said that it was alwsy
suspicious for man to give wrons
name The jury rendered verdict o
guilty without leaving the box.
Some interest was excited by the cas-
of Charles Gibson, who pleaded guilty I
the charge Of stealing four hand saws.
Jack plane, Ratchet and bit stock. 3
asked the mercy of the court, sayin
that he had never been before it before
Judge ]. Frank Ball Of the Muuicips
Court stated that Gibson had previousl
borne good character and that he we
drunk when he stole ths tool Chic
Instica Cnnaenua seemed intereste