Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-02-05
COUNTY CouRr.
opening Of the February Term--PaImer
Smith Hold for Trial--Prisoners Ar

Smith Hold for Trial--Prisoners Ar
ralgnod--Thirty-two License Applicants.
Inc court Of general sessions and
peace and Jail delivery convened at
io.lo o'clock a. m. Monday with all the
Judges present. The names of the grand
Jurors and general jurors were called,
after which several bills were submitted
and the first named retired TO their
chamber.
The chief justice announced that the
tr1al list would be taken up on Wednes-
gay, but no cases would be called until
next Monday. Encouragement Biggs
called attention to the case of Palmer
Smith, colored, charged with committing
an assault with intent to kill Joseph M.
Leach, at Brandywine Springs
Mr.. Biggs stated that the defendant
was in Jail, and he asked that he be held
as there was still danger of Mr.. Leach
dying from his injuries. This was on
posed by Charles d. Evans, ESQ, who
appeared for the defense, and claimed
that as the accused had been held over
two terms, he was entitled to his dis
charge. The Court however decided
mat as Mr.. Leach is still in a critical
condition, he would hold him to await
khe result
On motion of William S. Hilles, ESQ,
Francis M. Walker, Esq, was appointed
, commissioner in the divorce case of
lanes 2. Faulkner VS.. Mollie Faulk-
aer.
At 11.35 the grand jury came in and
made returns on several bills that had
been presented to them after which the
following prisoners were arraigned:
dicted for an assault. with intent to kill
Daniel Reeder on December 2sth
pleaded not guilty, and Frank d. Car
penter, Esq, was assigned by the court
to conduct the defense.
James Wiley, colored, charged with
burglary and larceny, in breaking into
the house of John h. Grub, and steal
lnga watch, q chain and charm, pleaded
not guilty and stated that his relatives
had engaged counsel for his defence.
Daniel Shute was indicted for mis-
aemeanor, in driving off stallion, and
pleaded not guilty.
Court then adjourned until $50
'clock Monday afternoon.
There are 80 applicants for license to
ell liquor, whose names were called
n the morning and all responded.
All the judges were present when
court convened at $50 o'clock in the
afternoon. Several bills were submitted
% the grand jury and they retired.
A jury was drawn to try the case of
he State VS.. Daniel Shute, charged with
irving away a horse, the property of
John X. Callahan.
The State was represented by Branch
Giles, Esq, who after making his open
ing to the jury commenced the cxami-
nation of witnesses.
George N. Raymond testified that he
is police officer in this city. On No
vember 18th he saw the accused driving
a horse along Eleventh street, and as it |
seemed jaded, he stopped the man. He
could not give satisfactory account of |
how or where he obtained the animal,
and he took him to the hall He after |
wards learned that it belonged to Mr..
Callahan, and had been taken without
his permission.
George N Callahan testified that the |
horse had been taken from the Western
Hotel, on November 18th, and that lie |
did not see it again until it was re-
covered by the police.
The prisoner had no counsel and |
made an address to the jury in which |
he claimed that the team was given to |
him by man at Eleventh and Pine |
streets.
The Chief Justice delivered a brief |
charge, after which the jury retired and |
returned in ten minutes with verdict |
OF guilty and recommendation to the |
mercy of the Court He was sentenced |
to pay the costs of the prosecution, a
fine of $50, and be imprisoned six
months.
The grand jury came in at o'clock
and were discharged from further atten-
dance until Tuesday morning.
A true bill having been found against
Harry II. Sproel for lewd and lascivious
conduct with female child, under IL
years of age, his trial was on motion of
ais counsel II. @. Turner, Esq, set for
Thursday morning.
AS there was no other business ready
,ourt adjourned until 10 o'clock Tues
lay morning.
Shortly after court convened Tuesday
morning, Henry Ward, colored, pleaded
guilty to an Indictment charging him
with unlawfully driving away a geld
ing, belonging to DIR. ], Paul Lukens.
The chief justice sentenced him to pay
the costs of prosecution, fine of $50,
and be imprisoned six months.
benjamin Nields, Esq, attorney for
Franklin B. Cotton, indicted for fraudu-
lently conducting the election in the
Twelfth district, moved that the indict-
ment be quashed. He cited number
of authorities in support of his motion,
and made lengthy argument, in which
he commended that an inspector had the
right to reject any vote which he
thought illegal.
The motion was opposed by Attorney
general Biggs, and the argument was
continued until 11.30 o'clock, when the
decision of the court, refusing to grant
the motion, was given by Chief Justice
Comegys and concurred in by Associate
Judge Houston. Attorney-general Biggs
said that he was ready to proceed with
the trial at once, but when the names of
the witnesses for the defence were
called, it was found that two of the
most important did not answer.
Mr.. Nields asked for forthwith attach ;
ments, which the court declined togrant,
on account of Mclaughlin, one of their
witnesses, being sick in the almshouse
with an liberated jaw.
Encouragement Biggs stated to the
court that third indictment had been
found against Mr.. Cotton yesterday
afternoon for refusing to accept the
ballot of legal voter, and said that he
was prepared to go ahead with the trial.
Mr.. Nields expressed his surprise,
and said this was the first he had heard
Of the case. e
Encouragement Biggs called the at
tention of the court to the case of Levi
Purnell, colored, charged with assault