Evening journal., 1891-02-12
LAST EDITION
The spoesL Juav plsAcRsss.
Colton's CAses in Court-Another Case
of Illegal Voting.


of Illegal Voting.
When court resumed after recess yes
terday afternoon Judge Comegys told Mr.
Nields that be had examined the facss
submitted to him, which Mr. Mclaughlin
was expected TO prove in the Cotton case.
He did not think they were sufficient Go
warrant the continuation of the case
until the next term. He was willing to
hear testimony affecting his condition. in
order that day might be fixed during
the present session Tor the hearing Of the
eases.
DR.. Bullock was called and testified
that Mclaughlin suffered from an
INF imed throat and slight fever There
might be danger in bringing him to
court, but he would not positively say
there was
DR.. Evan G. Shortlidgs testified that
It would endanger. .McLaughlin's life were
be taken to court.
DR.. John P Wales testified that Nc
Laughlin could not be brought to court
without certain amount of danger TO
his life.
DR.. Peter M. Tomlinson was examined
by the attorney general He swore that
although Mclaughlin was in weak con
dition on account of previous sickness,
yet there was not a particle of danger
now in bringing him to court, provided.
he added, that he got about an ounce of
whisky His temperature was normal and
he did not suffer from fever
DR. M. j. Hughes testified that there
was no serious danger ia bringing Nc
Laughlin into court. The attorney gen
eral said from what he could Ia m the
defendant did not want to go to trial. In
order to leave no room for the further
discussion of this mans condition be was
willing to have his affidavit taken an d
read to the jury, and let it go without
cross examination.
Mr.. Nields would rather have a day
fixed, when the witness might be heard
in court Next Wednesday was then
fixed the Chief Justice remarking that If
they would not bring the witness to the
jury they would bring the jury to him
lrael Farrell, colored was charged with
selling liquor without license az Odessa
He withdrew the plea of mot guilty"
and entered one of guilty" He sold the
liquor he said, because of a bet. The
SQUIRT imposed fine Of $40 and costs.
What will happen if | can't pay?a
inquired Fayrell
). !" Why the sheriff must keep you re-
The case of Elwood Clarkson. colored
for illegal voting was called, but as he
did not appear, the bail was declared
forfeited. Subsequently Mr. Nields
appeared and ssid that Clarkson was
under the impression that his case had
gone over.
The attorney general said they would
remove the forfeiture when the defend
ant was produced.
Joseph Hickey and Louis Cox. were
charged with larceny. Francis Fl. Hof-
fecker pleaded for Cox on account Of his
wife and family who would, be said. be
destitute were he given a long term of
Imprisonment. Cox was given a good
character. He was sentenced to one
months imprisonment Joseph Hickey.
an old offender was sentenced to three
months imprisonment and to receive zen
lashes next Saturday. Joseph Norton.
indicted for larceny pleaded guilty and
time was given TO allow witnesses to be
called to testify to his good character.
The jury in the Spoerl case were still
out, and rumors were afoat that they
had disagreed Several communications
passed from the bench to the jury room.
and instructions were given by the court.
The jury in the case of Harry A
Spoerl had not come in when court re-
sumed this morning
Elwood ClarksoD, eolored, charged
with illegal voting, whose bail bond was
forfeited yesterday because of non -ap
pearance. came into court, and Mr.
Hayes asked that the forfeiture be
removed, and the case continued until
the next term of court The
application was granted Joseph Norton.
who pleaded guilty yesterday to ths lar
ceny of coan and vest, was placed in
the dock, and William Riley testified to
his previous good character. He was
sentenced to one months imprisonment
The two cases against Franklin B
Cotton for accepting illegal votes from
Elwood ClaTkson and Peter H. Bell. were,
on the application OF Benjamin Nields
ESQ. continued until the next term of
court,
Precisely at II o'clock the jury in the
Spoerl case came into court and an
nounced that there was no possibility Of
their agreeing. They were then formally
discharged. They stood nine for ac-
quittal and three for conviction. Henry
q, Turner applied to the court that the
case be tried again at the present term.
The attorney-general opposed. II was
finally agreed to let the case 60 over to
the next term of court
The case of the B P. Nichols and Gem
puugs gdEIAd5c mhnuidEtuTbfb OF b0SIOls
against the Wilmington Transfer Com
pany, was called 1t is for $780, the price
of Victoria Hanson sold by the plain
tiff on thirty days trial The carriage
was purchased in August 1888. aud
delivered in October of the same year
1t is alleged that the defendants did not
express any dissatisfaction with the
Hanson until go days after the delivery
of the vehicle, when they refused to
retain it or pay.
Robert P. Gibb, agent for the B. o.
Nichols and Company; George M d
Watson, former superintendent Of the
Wilmington Transfer Company. and b.
p. Nichols were examined for the plain
tiffs. The cass was on trial when court
took recess.
Joseph Scharley was permitted to plead
guilty TO charge OF selling liquor at
New Castle without license. He was
fned $50 and COSTS
GERMANlA LOAN ASSOCIATION.
NVwaohad a Eaxp Xaara A an Nn-v EHaxrgno,