The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-09-30
FIFTH EDITION.


Iourt reconNeneu at ~ O'Clock this
morning with tho Chief Justice and
Associate Judges Houston and Cullen
on the bench.
Immediately after tho opening Frank
d. Carpenter, ESQ, attorney for Ed
ward q. Smith, alias Harry and Will
llam. alias Jacob Wood, indicted for
burglary aud larceny at the house OF
Robert Smith, on August /, asked that
the trial be continued untilthe Noyem-
Der term. He said that after using
all due diligence, he had been unable
to secure his witnesses, and that he
could not go to trial without them.
The court, after consultation, deeid-
ed to hold the matter under consider
alton.
jury was then drawn TO try
the case of the State vs.. John Murphy
and William Moore, charged with the
larceny OF gold watch valued at st0,
the property of William II. Virgins on
July2 20.
The state WAS represented by Deputy
Attorney General Davis, but the prl5-
oners had no counsel.
William II. Virgins testified that no
sat down OIL the steps OF the carriage
factory at Fourth and Walnut streets
on the night OF July e5th. As he was
Verytired he fell asleep. and when he
awake found that his gold watch ard
chain was gone. Ho reported tho
theft to Detective McVey, and he re-
covered the watch and chain on Au-
gust 81 The accused and another man
was with, him when he sat down on the
steps.
Marshal Fl. Pierce was sworn, but
proved very unwilling Witness, lie
saw the men on the step, andBafttthry-
were cutting up. He SAID that he did
not know anything about the watch
being tPken, and did not SEQ the men
with 1t.
Edward McGanthey testified that on
tho night OF July26, about . o'clock, he
saw the accused and two other men Mt
Front aud Orange streets. Murphy
came to him and offered to sell him IL
watch Tor $50. lie looked at it, and
after saying TO the accused that while
lie did not believe IL was all right. ia
would give him IS for 1t. He refused
TO take That amount, and the Witness
afterwards saw him showing the watch
TO "a man named William l.oulden.
Detective McVey testified that he
heard of he robbery on July %, ana
upon learning that Murphy and MOORE
Were trying 10 sell watch on the
Goth, he arrested them. Murphy nd
miited TINT he had sold watch TO
his friend, and the witness, upon
learning that Boulder had the watch,
arrested him, and recovered the prop
erty which was identified by Virgins
as being his. ."..
This was the last witness called by
the State, and tho prisoners had Will
liam Bonlden placed on the stand.
Boulder is under an Indictment for
receiving stolen goods, and his coun-
sci, III. @. Turner, Esq, asked tho
Court to instruct him that he was not
himself.
This was done. and the witness de-
MED having bought the watch or
having any knowledge OF 1t.
The.jury were briefly charged by the
Chief Justice and rendered verdict OF
guilty without leaving the box.
They were each sentenced to pay the
costs of prosecution, $40 restitution
money, be imprisoned three months,
and on Saturday next be whipped with
| 10 lashes.
As the prisoners were being taken
| from the room Murphey turned TO
Detective McYey and said:
.You Id s-n of a b-h, III
get even with you!"
'1ll see Won some other time"
calmly replied the detective, as his
face flushed at the gross insult II Is,
however, fortunate for the prisoner
that the Court did not happen to hear
the remark.
William J. Dunselth was then ar
raigned on charge of assault with
intent to kill James McIlhenny, on
June %. He pleaded not gpilty, aud
under tho advice of his Counsel. Levi
c. Bird and Lilburne Chandler. Esas.,
entered plea of guilty Of assault.
He was then sentenced to pay tho
costs of prosecution, a fine of $500, and
he Imprisoned one year. Tho case of
his wife, Annie A. Dunseith. who was
charged as an accomplish, was dis
missed.
Attorney General Biggs asked that
the case of Edward q. Smith. alias
Harry" and William ulias Jacob
Woods, indicted for burglary, be taken
up for trial, when Frank u. Carpenter,
Esd, their counsel, opposed the mo-
ton. He said that it was impossible
Tor him to secure witnesses at present.
Mr. Biggs called 5attentlon to tho
fact that the affidavit presented by Mr.,
Carpenter was not speeiilc and after
I'm argument tho latter was given an
opportunity to amend IL.
All tho jurors and witnesses were
then discharged until 10 o'clock to-
morrow morning.
After hearing several motions In
civil ca5es, on demurers, tho Court
took a recess at O'Clock.