Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-09-22
LAST EDITION
TO THE WHIPPING POST.
ATTORNEY COOPER SCORES A BRIL-
LIANT POINT AT LAW.

Council-McKee's Sureties Ask for n
Mandamus Compelling the Levy Court
tosatisfy His Bond.
At the afternoon session of court yes
terday Chief Justice ComegYs and Asso
ciste Judge Cullen we're on the bench.
Judge Houston was absent
James Carr was Rrraigned on the
charge of mu dering Antonio Basso on
November II, 1890. He and Lawrence
Long, alias Schooner Long, are in
dicted on two counts. The first charged
Lawrence Long, James Carr and William
Bnllen Jointly with the murder Of
Basso. The second count charged Carr
and Bullen with aiding, commanding and
assisting Long and compoundiDg felony
and murder Long has not been arrested,
the indictment against Bulen mas been
ignored, so that Carr is the only person
to be tried. he had no money, he said,
and was without counsel, so Walter
Hayes was assigned by the court to de-
fend him. Mr. Hayes raised the question
as to whether his client could plead
upon the whole indictment, but the at
torney general stated that all three
were indicted for the same offense, and
Carr could therefore plead TO IT. The
case was continued uatil next Tuesday.
1t Is Long, who is at large, that is al
legged to have killed Basso with blow Of
beer glass
At the Court of General Sessions
Michael Kelley was tried for the larceny
Of coat from David johnson of Chris
tisna hundred The state was repre-
sented by Peter L Cooper and Kelley
conducted his own defence. Johnson
who formerly kept the hotel at Centre.
Ill IL Il. l. I - I
on september ], and sfterward saw
Kelley wear it. Walter @. CheaviAs
testified that he saw Kelley take the
coat from where it hung and wear it,
Kelley did not deny wearing the coat
but denied any intention of stealing it,
He put it on by mistake when under the
influence of liquor The jury believed
him and at once rendered verdict of
mot guilty" Kelley thanked the jurors
and departed
The case against George Smith for
having a criminal operation performed
on Mary Handy was discontinued
Harry Field pleaded mot guilty" TO
the charge Of stealing spectscles, and
James Boyer pleaded guilty to the lar
eeny of a coat.
James Boyer, colored, who pleaded
guilty yesterday TO the larceny CT coat
worth 81 from Daniel Simmons, came up
this morning for sentence The chief
justice said that while this was Boyer's
FIRST offel s., yet the records showed that
he had been often before the Municipal
Court. He therefore sentenced him to
two months imprisonment, and to FIVE
lashes next Saturday
Harry Field who pleaded not guilty
yesterday to the charge of stealing q
pair of gold-rimmed specsaeles from
Hannah Baymore Of New CASTLE, was put
on trial Nathaniel Davis prosecuted
and Field conducted his own defence
Hannah Baymors testified that Field
was Ia the house on the night that the
spectacles were stolen. They we're after
ward recovered from James Bridge
water. who testified that the prisoner
had sold the glasses to him. The prisoner
called James Toner one Of. the Jurors
who were trying the case, to prove his
character, but Mr.. Toner said the man q
reputation was very bad.
Peter l.. Cooper Scores Point.
This ended the evidence and the Jury
were about to return a verdict of guilty
without leaving the box when Peter L.
Cooper walked forward and said: Your
honor, the prosecuting counsel has not
proved the value of those spectacles This
is, therefore, no case in law, and the
prisoner instruets me TO move that the
Indictment be quash,
The brilliarey of the point took every
body by surprise. The chief justice said
that it was necessary TO prove value in
every case, but it had not been done in
this case therefore he instructed the
jury to bring 10 verdict Of mot guilty. =
Field was warned never to appear in
the dock agains Mr.. Coopers quickness
and brilliancy was q theme for general
conversation among lawyers.
No Defence Presented.
A jury was then drawn to try the case
of William J. johnson vs. William P.
Wells aud Dilworth P. Wells, for 1886 so
for work done by contract to the
Academy of Music last year, by the
plaintiff for the defendants, who
then owned the Academy. The case was
not defended. Lilburn Chandler repre-
sented Johnson. After johnson had
given his evidence a verdict for the total
amount with interest, amounting to
$40S &C. was given.
Charles Nugent pleaded guilty to the
larceny Of 3 clock worth S. from Henry
TatmRn on September z. Sentence Of
two months Imprisonment and fivelashes
next Saturday was imposed.
William Lewis, alias Daniel Lewis,
colored, pleaded guilty to the charge OF
stealing 12S pounds OF coffee, q quantity
of tobacco and bag the property of
the Baltimore and Ohio Railroad Com
pany BE was sentenced to two months
Imprisonment and five lsshes on Satur
day.
William Peach, alias William Pea, was
charged with the LARCENY OF a handsaw,
square, two chisels and number OF
other carpenters tools from Joseph II.
Chambers He pleaded not guilty, and
the case was continued.
The grand jury returned into court at
~ o'clock with number Of indictments,
and were discharged until o'clock.
Margaret Deveran, charged with lar
ceny. was remanded to the slmshouse al
the court long since recognized her as
kleptomanisc, and irresponsible for hei
acts.
Annie Love, colored, pleaded guilty K
the charge of stealing dress, pair OF
shoes and 500 In money from Isabelle
Neidermeist. She was sentenced e
three months imprisonment
William Martin pleaded not guilty t.
the charge of stealing a pair of shoes
and the case was continued. William
Banks pleaded guilty to the larceny Of
bell and was sentenced to two months
Imprisonment and FIVE lashes on Satur.
day.
Benjamin Nields on behalf Of Benia
min f. Duncan. applied to have the
l.. n. !.