Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-09-30
LAST EDITION
SUPERIOR COURT BEGINS

At the afternoon session of the Court
Of General sessions yesterday. the jury
was discharged until 10 O'Clock this
morning
Henry @ Conrad applied to the court
for commissioner to take testimony in
the divorce case of Annie F VS.. Samuel
Eugene Poole The court appointed d
II. Ward
Court recouvened at 10 o'clock this
morning, Chief Justice Comegys and
Judges Houston and Cullen we're on the
bench
Frank D. Carpenter, attorney for Ed
ward g. Smith, alias Harry and Will
liam, alias Jacob Wood, indicted for bur-
qlary at the house of Robert Smith,
asked that the case be continued to the
November term. His plea was absence
of material witnesses.
The matter was held under consider.
ali N by the court.
The first jury drawn was to try the
case Of the state We. John Murphy and
William Moore They were charged with
stealing gold watch from William N.
Virgins on July 90. II was valued at $40.
Deputy Attorney General Davis con
Quoted the prosecution. but the prison
ers conducted the case for themselves
" iEBAub Hthbou budt Oh Lu5 night OF
the day iu question he sat down on the
steps Of carriage factory at Fourth and
Walnut streets He was tired and fell
asleep He awoke and found his watch
and chain gone The matter was re-
ported TO Detective McVey. He investi-
gated the matter and recovered the
stolen property on August g. Murphy
and Moore we're arrested
Marshal N Pierce was next called BE
gave his evidence very unwillingly. and
claimed that he knew nothing about the
matter
Edward McGaughey testified that on
the night of the robbery he saw the
prisoners and two other meR at Front
and Orange streets Murphey offered to
sail him a gold watch for $50 ale offered
81 for it This was refused, and he
next saw him showing the watch to a
mao named William Boulder.
Detective McVey testified that be ar
rested the two men and also Boulder
and recovered the stolen watch In Boul
aen's possession
Boulder was called and denied that he
ever bought watch from Murphy. 81.
G. Turner refused to allow him to say
anything that would crIminate him.
TIE case rested there Murphy ad-
dressed the jury in behalf of himself and
pal Without leaving the box the Jury
rendered verdict of guilty.
Both prisoners asked the mercy of the
court, as 1t was their first offsnse The
court sentenced them to three months.
ten lashes, pay $40 restitu ton money
and the costs Of the prosecution
AS the prisoners we're taken out of the
room they passed McYey. Moore turned
70 MeVay and said
You s. of a b., you gave it to us
this time
The Dunssith Case.
The ease Of the State vs.. William and
Annie Dunseith, charged with assault
with intent to commit murder upon the
person of William McIlhenny at Liuden
and Van Buren, streets, on June %,
1891, was next called
Attorney General Piggs represented
the state and Lsyi Q. Bird was the attor-
ney for the prisoner.
When the indictment was read the
prisoner pleaded not guilty Mr.. Bird,
on behalf Of his client, pleaded guilty Of
assault
The plea was accepted by the attorney.
general who asked the court to pass
sentence.
The judges conferred and Dunseith
was sentenced TO one years imprison
ment, $500 fine, and costs Of prosecution
Dunseilh. who was neatly dressed in
black clothes, appeared to be well pleased
to get of so easily.
The smith Burglary Case.
The Smith burglary case was then
called up by Attorney General Biggs
Frank D. Carpenter read an affidavit
from Harry Smith, claiming delay on
account of the absence of Benjamin G
Smith and Elizabeth Ramsey TWO very
material witnesses. He urged continu.
ance and said he would be ready for the
next term.
The attorney general objected. He said
that Benjamin G. Smiths brother Of the
defendant and that both he and the wo.
man Ramsey were present vt the pre-.
liminary hearing before Judge Ball.
The chief justice said that the afida-
Wit must state that If the continuance
was granted every effort would be made
to have the witnesses here when the case
was called.
Mr.. Carpenter went from the court
room to alter the affidavit.
The witnesses In criminal cases and
Jurors were discharged until tomorrow
morning at 10 o'clock.
Before the superior Court.
The Superior Court then began bust
ness. w. @. Spruance and s. A. Mscsl-
lister, representing the Eden Hall Com
pAny, and Wilism f. Robinson, sub.
contractor, made a motion TO set aside
the mechanics lien Of the Philadelphia
Metal Cornice Works, on the ground
that it was not filed within the time
specified by the statutes. L. G. Wander
grift objected he said that 1t
was not the proper time to make
such a notion From the argument at
tending the motion 1t was shown that
John b. Countiss contracted to build
Eden Hall. He made q snb-contract with
William F Robinson to do the metal
cornice works He in turn sublet the
contract to the Philadelphia Metal
Cornice Works. and that firm furnished
the msterial and labor. Robinson did not
nav them. Under the me.
chanies lein law they sued
Robinson as contractor ard the Eden
Hall Company as the benehciaries under
the contract. Mr. Spruance maintained
that Countiss was the original contractor
and that the Eden Hall Company did not
know Robinson in the matter The
amount involved is 81, O00
The case was argued at some length
and occupied the morning session until
adjournment
A Young Camden man Buried.
Ignatius Dougherty, the youngest son
-. Ia,