Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-01-22

morning, business was brisk long before |
the time for Ju lge Wales taking his |
seat. One sensation was the sudden re-
appearance of the derelict William
McCarron, whose bond of $500 had been |
ordered forfeited yesterday week. United |
States Deputy Marshal Heritage who
had been handed a bench warrant for
the mans arrest discovered HIM in bed |
on Thursday in a house on Christiana
street, three doors from Jefferson. He
was brought to court right away and
given into the United States marshars
hands.
Frank D. Carpenter, Esq, addressed
the court in regard to William AlcCar-
ron. He said that through mlsunder-
standing between himself (counsel) and
Senator Donahoe, McCarron's bonds
- man, the defendant did not put in an APP
pearance yesterday week Senator Dona-
hoe had been in Dover and had only
returned last night week Counsel moved
that the bail forfeiture be released and
engaged to furnish bail for McCarron's
appearance at the April term
Judge Wales ordered the forfeiture
taken off. The name of Peter j. Ford
was given in as McCarron's bond.
In the Morrow Pennington case where
fering with special deputy United
States marshal at last November cleo
tions, Mr. salisbury, counsel for the de
tense, asked for a stay as his colleague,
City Solicitor Lyman, had not appeared
Mr.. Lyman sent a message that lie was
unwell, but hoped to be at court some
time in the morning. Judge Wales,
however, thought it better to go on with
McCarron's case.
A jury was then sworn for the trial Of
Emmett Morrow and Eugene Penning-
ton. Judge Wales, in a peculiarly
pointed manner, addressed the jury,
asking them whether any one felt HIM
self in any way-any way whatevel-
disqualified from serving as iuryman.
The court repeated the question and
there was no answer.
District Attorney Alexander b. Cooper
then read the indictment against the de-
PENDANTS for interfering with Special
Deputy United States Marshal William
j. Weyer There were three counts:
First, for assault and battery on Wcyer;
second, for obstructing him in perform
ance of his duties as deputy marshal;
third, for interfering with Weyer while
attempting to prevent illegal voting.
William B. Weyer testified that he
was struck and there was great commo-
ton, probably 100 people front Of the
polls of the Ninth ward. In getting out
of the confusion he was arrested by the
defendants. He was taken to the court
house and then to the city hall.
In regard to the first count Of assault
Judge Wales questioned the courts
jurisdiction in matters of assault that
belonging to the State of Delaware.
In commenting upon certain evidence
the court remarked that it was very
plain case for the jury to ascertain
whether Weyer was interfered with or
not. Weyer commended he went to the
polls for the purpose of keeping order
and peace About 1t.25 o'clock Marshal
Mahatfy, Robert Spence, William Gray,
Major Smith came up in a wagon.
Michael Kelly told the witness to stand
to one side and he replied mo, / stand
on both sides" Kelly drew back to
strike him when the witness struck get
ting his blow in first. When thetlisturb
ance had been quelled Morrow came UP
saying I'm arrest you, you caused Ill
this racket" They went up quietly to
the court house and then to the city hall
1t was perhaps one and onc-half hours
between the arrest and liberation, Ne
other arrests were made but his.
MT: salisbury" say they We're
hustling you, Mr., Weyers"
les, slf
"You are sort of hustler yourself
eh-did you strike anyone yourselfgn
Yes, Sir; struck Kelly, and perhaps
others. Just struck around as best
could.
do you consider knocking people
down as part Of your duties as United
States Marshall
"No, sir.
Did you consider You were carryins
out your instructions in striking ou
right and left in that crowd a
Il do, sir,
AT the court house United States Mar
shall Mahaify told him To wait thert
until he gave him orders to 80 away.
United States Marshal Mahaffy teSti
fed there WAS report Of Il fight ut til,
Fifth and spruce polling place, He tool
a wagon lead 9i deputy marshals to Thu
point. lie ordered the mon t. open
way from the street % the voting win
dow In reply 70 Mr. salisbury TIN
witness said he took eight Or ten mar
shals down; four or five we're there he
fore. He considered the peace Of th
city depended on his being at the poll
that day.
James 5. Head, chief deputy Unite
States marshal, was there all day
When Weyer came the fuss began.
AT this moment District-lttornc
Cooper attempted q gain description
from the witness Of the general actto
Of the deputy sherilTs. Mr.. Saulshur
objected and Threatened, if that wcr
done, ne would Introduce eyideneefroi
all over the city, showing the feyeris
condition caused by the appointment {