The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-10-01
FIFTH EDITION.


InlS morning session OF court CON-
vened at 10 o'clock, with all the Judges
present.
Leyi 9. Bird, ESQ.,, attorney for An.
band, DIR, George II. Cantwell, for tii-
vorce, called the attention OF the
court to the fact that an order was is
sued some time ago, ordering him to.
pay her SIS per week while the suit
was pending.
Mr.. Bird said that he now owes her
$3.50 and he asked that an attachment
be issued Tor his arrest. The applica-
ton was granted, and unless the doc
tor has left town he will find himself
in the hands of the sheriff.
1t is understood that the commits
sioner, Horny q. Conrad, Esq will
make decision adverse to the plain
tilt.
A jury was then drawn and the case
of Andrew Price, colored, OF Apo
Qulnimink Hundred, charged with re-
ceiving. stolen property, was taken up
for trial.
Attorney General Biggs appeared for
the State and the accused was repre-
, scented by VIM. s. Hilles, Esq.
The stolen property consisted OF ten
chickens, which were taken by col
ored man named Montgomery, and
sold TO Price.
Montgomery testified that he lives
three miles from Townsend. Some
| time in April he stolen 10 chickens
from Mr.. Farrell, which lie sold to
Price. On cross.ezamination he said
that he had told Price that the chick
ems belonged to him, and that after
his arrest, when SaIire Bratton asked
him about the chickens toes being cut
of, he said he had done il.
| Niltiuta Il hnI fam
constable of APPOINTMENTS hundred,
testified that le arrested Price on
capias. Price admitted to him that he
Knew the chickens were stolen, and
that he had .raded them for meat and
| flour.
Edward Farrell testified that he lives
in the lower part OF Appoquinimink
hundred, and that last April he had
ten Of his chickens stolen. Montgom.
cry pleaded guilty to taking the cliiclc'
ems, and was punished for 1t. He ar
forwards learned that Price had bought
the chickens.
The State closed with this witncsS
when Mr.. Hilles made his opening 10
the Jury, and claimed that as the only
testimony against Price was that Of
Montgomery, self acknowledged
chicken thief, he could not lie convict
ed.
Eliza Henson, q young colored wo-
man, testified that she has been house,
keeper for Andrew Price. She remem-
bered when Montgomery camo to his
house and asked the accused to take
the chickens to town aud sell them for
him, Price asked him where got
them, and he replied that they were or
his own place. She also heard him
tell Squire Bratton, ut the hearing that
the chickens were his, and that he had
raised them.
The reason she supposed Montgom.
cry came to Price WAS because the lat
ter had q horse and wagon. Mont
gomery denied in her presence that he
had stolen the chickens, and said that
he had raised them on his own place.
She did not know whether or not
Montgomery raised chickens.
Thomas Brntton testified that he Is
q justice of the peace in Appoquimink
hundred. When Montgomery was ar
rested and arraigned before him, he
alleged that he had taken tile Chickens
from his own place. Price was a Wit
ness against Montgomery at the hear
ing. When Montgomerys attentieu
was called by the witness to the fact
that the toes of Mr.. Farrelrs chickens
were cut Off he replied that he had cut
off his chickens toes.
|
the chickens but as there was no testi-
mony to hold him the witness dis
missed the case, when IL was brought
before him. Price was Afterwards
brought before the court as u witness
against Montgomery, but disappear
cd very suddenly, and was afterwards
arrested on eapias.
This testimoney was corroborated by
a witness named Bennett, who was
present mt the hearing.
This closed the testimony on both
sides, and the jury after being charged
by JudgeGullen retired Mt 1 40 O'clock.
They returned Mt l2.l0 O'Clock with a
verdict Of guilty.
A jury was drawn to try the case of
Hattie Locke, colored, charged with
committing an assault on JAS Garner
with intent to kill.
The State WAS represented by Victor
B. Wooiey, ESQ, and the defendant by
William II. Smalley Esq.
There were several witnesses exam
lned. and their testimony showed that
there was n fight at n house OF tll.fame
kept by Susan Rudolph, Mt No. SIT
Walnut street during which she shot
at the prosecutor.
When the evidence closed for tho
State, Mr.. Smalley made II briet OPEN
ing TO the jury, after which he conf
mfnceu the tAnln ltlttlOn OF Witnesses.
Susan Rudolph was called, and testi-
fled that james Garner and several
others CAME to the house, No. SIT VAL
nut street, of which she is the proprie-
tress, ON The night OF September II.
They went into tho sitting room
where several girls were sitting, whom
the prosecutor had some words with
one Of them. Garner drew razor
and slashed at the accused but she did
not see Hattie have pistol. neither
did she hear 1t fired i'll the house.
There was a pistol fired in the street,
but She did not know who fired it.
The witness was cross examined at
length by Mr.. Woolley, but her direct
testimony WINS unimpaaehed.
Several other witnesses were exam
ined and their testimony went to
show that Garner came to the house
drunk, and created disturbance.
Andrew White, colorod, convicted OF
larceny, was sentenced to pay % fesu-
tuition money, stand one hour In the
pillory and be whipped with 20 lashes.
Att O'Clock court took recess until
$50 O'Clock this afternoon.