The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-10-02
FIFTH EDITION.


Court resumed proceedings at $50
o'clock yesterday afternoon with the
chief Justice and Associate Judges
Houston and Cullen on the bench.
The case of the State vs. Hattie Locke
charged with assault with intent to
kill James Garner, was again taken up
and several witnesses examined for
the defense. After brlef charge, the
case was submitted to the jury and
they retired. After being out about
half an hour they returned with ver-
dict Of not guilty and the accused was
discharged.
Another jury was drawn end the ca! Q
OF the~ state vs. Lorenzo Walters,
colored charged with burglary and
larceny was taken up for trial.
The State was represented by Attor-
ney General Biggs, and tho defense by
William s. Prickett. Esq.
The State called several witnesses,
whose testimony went to show that on
the night Of August 10th the accused
broke into the house of his grand
father, William Ii. Walters, on the
road between Middletown and Odessa.
Before breaking In he set fire to q hay
stack, and 1t was testified by the CON-
stable who made the arrest that the
accused confessed to him that he had
committed tho crime. In cross exam
lining this witness, Mr.. Prickett
brought out the fact that after the con-
stable made the arrest lie not only
hundcuffed the prisoner but also put
chain around his neck.
He kept him In this way, without
anything to eat, until he finally con-
fessed having committed the offense.
In opening for the defense, MIR.
Prickett claimed that as the confession
WAS secured from the prisoner by oer-
tain means, the testimony OF the con-
stable in relation TO IL should not be
considered. and the jury should be In
structed TO render a verdict of not
guilty. Nj. Prickett quoted number
OF authorities in reference TO the case,
and said that where a confession was
obtained under such circumstances 1t
must be excluded.
This was opposed by the attorney
general, VINO claimed that the bare
TACT Of tho constable telling him that
he could not get his dinner unless he
confessed, was not a tn eat within
the meaning of the lawf
The argument was continued for
some time, when tho court decided
that the objection should have been
raised at the time the witness gave his
| testimony, when 1t could have been
ruled out. Now that 1t had gone be-
fore the jury, the court could not in
terfere.
Mr. Prickett then called witness
with whom the accused had worked
for some time who testified to his gen.
eral good character.
| The case was submitted without ar
gument, and tho jury, after being
charged by Judge Cullen, retired az
$50 o'clock.
They came in at 40 O'Clock with a
verdict of guilty, and the prisoner, who
Is only IS years OF age. was sentenced
to pay the costs, be imprisoned ono
year. receive twenty lashes and stand
one hour in the plllory.
Henry O. Conrad Esq, commission
Ell in the divorce case OF George ii.
Cantwell, vs.. Annie G, Cantwell, made
his return, which Is adverse to the ap-
plieant.
William NJ. Byrne, ESQ, for the
creditors called attention to the all
dayit of Charles G.. Phillips, which
states that he had not been connected
with the firm Of Phillips & Kane since
June |, 1857, and claiming that there
fore he was not responsible for any
debts that have been contracted since
that time.
Mr. Byrne eontented that II Phillips
had not given due and proper notice
to the creditors, or If he had allowed
his name TO be used in connection
with the business, he was liable for
any debts that might be contracted.
This was opposed by Ii. @. Conrad,
Esq, who said he thought this was
matter to bo decided by jury.
The concluding argument was made
by Mr.. ByrIe, who asked that 1iEd9-
mPnt be entered against Phillips for
the claims. There Is another cuse OF
this kind against the lateilrm, in which
the Atlantic Refining Company Is the
plaintiff. The matter was held under
consideration by the court.
Edmund Mitchell, Jr, Jas. Sipple,
Thomas Brown, David Jefferson and
Henry Johnson, Indicted for INTERIOR
ing with an election, were called, and
as they did not answer their bail was
declared forfeited. They will now DO
obliged to enter new bonds for their
appearance al the November term.
"A. H. SanbOfn, Esa., attorney FOR the
plaintiffs, asked that Judgment be en-
tered for the Peoples National Bank of
Middletown on II pramissoFy note for
52G0 drawn by Calvin J. S yayne In fav-
or OF Daniel II. Kent. The defendant
is represented by benjamin Nields,
Esq.
Mr.. Nlelds snid tho defendant DO.
lieves that the note has been paid and
us he promised to become 3ir. Swayne's
surety while investigating tho matter,
Judgment was deferred.
The court decided to continue tho
trial OF William alias Jacob Woods aud
Edward Smith aims, Harry indicted for
burglary until the November term.
The indictment against Andrew Price
for attemptc mudrer was noll0 prose-
quicd MS lie had already been convicted
of receiving stolen goods. This cleared
the criminal docket and all tho jurors
, were discharged from further attend-
ance on the court.
! About o'clock court adjourned UNI
til 10 o'clock this morning.
- o So
Dots.