Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-11-26

Railroad Company. The application was
granted.
Argument was then commenced in the
trial of Edward Smith and William Wood,
for burglary, which was under way when
court adjourned last Friday afternoon.
Nathaniel Davis opened for the State and
Frank ID. Carpenter made o plea for the
prisoners.
Court then took recess until $50 p. m.
Argument in the trial of Edward Smith
and William Wood, for burglary at Robert
Smiths house, Fourteenth and Rodney
streets, on the night of Saturday, August
1st was concluded at Monday afternoon
session of court. The charge of the court
was delivered by Judge Cullen and at 4.1o
O'Clock the jury retired.
A 4.45 o'clock the jury returned with a
verdict of guilty as to both of the accused.
| The prisoners received the announcement
of the verdict with the same degree of in
difference that has marked their demeanor
from the beginning of the trial.
The court sentenced each to q fine of
$500, to stand one hour in the pillory and
receive 40 lashes on Saturday December
9th, and to be imprisoned for five years.
William q. Retting indicted for carrying
concealed deadly weapon, was fined s25
and costs. He was not present. but Attor-
| ney-general Biggs stated that he had left
the amount of the fine and costs with the
clerk of the peace.
In the case of Lewis G.. Young, whose
| trial at the last term of court, on charge
of acting improperly with little girl
named Jennie Haggerty, resulted in a
hung jury, Attorney-gener Biggs asked
leave to enter a nolle prosequi. He said
he understood that at the trial the jury
stood eight for aoquittal and four for con-
viction, and he did not feel justified in
again trying the case.
The court directed that the case be re-
| tired
Court adjourned until 10 o'clock Tuesday
morning.
1t was thought that the trial of James
Carr, indicted for the murder of Antonio
Basso, would commence at Tuesday morn
ing's session of court, but Attorney general
Biggs was compelled to ask for postpone
ment. He said that John Crogan, an i'm
portant witness for the State, was i'll with
capillary bronchitis. and his physician,
DR.. j. W. Crumbaugh, had issued a certif-
cate to the effect that 1t would endanger
his life to bring him into court now. Mr..
Biggs said that Crogan was in court last
| Tuesday, but the counsel for the prisoner,
Walter II. Hayes, was not then ready to
| go to trial.
Subsequently, DR.. Crumbaugh appeared
and said 1t would be dangerous for Crogan
| W tOlllc OuI uoMtulu lllui VIC
are he will not be able to leave his home
| for two weeks.
After consultation between counsel on
both sides the trial was set for Monday,
| December 14th.
Sheriff Simmons renewed his official
bond for another year. The same sureties
George W. Vernon, Nathan Lieberman
and Philip p. Tyre-were offered and ac-
| cepted by the court.
State VS.. Daniel Heverin, for the larceny
| of coat from Harry S. Weldin. Victor
Il. Woolley for the State and William
Michael Byrne for the defence. The proof
was that Heverin went into Weldin's
house, and that the coat was missed imme.
dately after his departure, and was found
| on Heverin's back when he was arrested.
There was no testimony for the defence,
but Mr.. Byrne made tho plea that even
though It was shown the prisoner had the
coat in his possession, there was no proof
that he took 1t with intent to commit lar
ceny.
This view evidently had some weight
with the jury, for after celebrating about
half an hour they returned verdict OF
| guilty, with recommendation to the
mercy OF the court. This recommends
ton saved Heverin from the whipping
post, and he was sentenced to imprison'
ment for one month.
| ne Ctdlb hltlOullCtu It's TthulDtcb "
take up the case of ex-Police Sergeant
Paschal II. Peterson, indicted for refusing
to obey the orders of the election officers
10 the Sixth district, Fifth ward. Mr.
Harrington, counsel for the defence, said
he did not have bis witnesses present, as
he had expected the Carr murder trial tc
come up.
The case was deferred until after the trial
of the barn burning cases, which will
| ha0tT, on Monday DaNau1 hnr Tfh
Elias Segars, colored, who pleaded moi
guilty to the larceny of horse from
| Wesley Russell, Brandywine hundred
withdrew this plea and pleaded guilty
Sentence was deferred.
Andrew Horsey, pleaded guilty to two
indictments, one charging him with keep
ing gambling house and the other with
and costs in each case, and promptly paid
the cash.
Court adjourned until 230 o'clock, p. m
When court convened Tuesday after
noon, Mr.. Bates. counsel for Edward
Stroud, charged with backing policy asked
that the case of his client be continued
until the February term. Mr.. Biggs inter
posed no objection to a postponment oil
the case which was then fixed for the
February term.
A jury was then empaneled to try the
case of Howard Maharty, charged with
breaking into the restaurant of Frank A.
Gardiner. on the night of September 18th
last. Maharty's companion was George
Siverd. who confessed the crime when
confronted by the officers who arrested
1 him.
The first witness called in the case was
Frank A. Gardiner, proprietor of the res.
taurant broken into on the night above
mentioned, when the sum of $50 in money
was taken and also q silver watch valued
at so. Mr.. Gardiner stated that the de
PENDANTS, both Siverd and Maharty, had
| formerly been in his employ but were
subsequently discharged. The witness said
the lower cellar door, which was unlocked
the night of the robbery, as II. II. Ward,
Esq. counsel for Maharty proved on
DISCRIMINATION. The witness was of the
opinion that the prisoner entered the store
by the door.
George Siverd, one of the boys who
perpetrated the robbery and who pleaded
| guilty and was sentenced for the crime,
was the next witness for the State. Siverd
stated that he met Maharty the night of
the robbery at Seventh and Jefferson
streets. The witness stated that he and
Maharty then got into Gardeners res
taurant by the lower cellar door, which
was unlocked. They wen. up stairs and
carried the money register down into the
in money, he said, but he did not
see any watch. Siverd thought that
Maharty got about $50 out of the
register. He did not know whether
Maharty got watch out of the cash
register or not. He (SiverD got
his finger taken off during the burglary,
he said, and he left Maharty to do the
pilfering of the register. Afterwards
Maharty divided the spoils, Siverd said.
II. II. Ward Esq, then asked the witness
if he did not tell Maharty's brother on the
morning after the burglary that hesSiverd)
was going. to put job up on Howard
Maharty for not going west with him.