Evening journal., 1891-05-21
PgTgR 4. eelL PLACED ON TRIAL.
Daniel johnson and Parker Smith Each
Get One Ys ar in Jail.

the store of Louis Il. MeCliniock at
Eighth and Lombard streets. The bur-
glary was said to have been committed
during the night time, and the articles
taken out were a pumbsr OF cigars,
several pounds of tobacco. dozen cans
of corn and several glasses of jelly.
Some of these articles were found in q
yard adjoining the place where Johnson
was found in hiding Mr., McClintook
testified to the burglary of the store.
Harry Powell and Alfred Holt testified
that they had been awakened by the re-
port of pistol fired by Officer Updyke,
and going ont gave chase to some parties
who were fleeing from the place john
son was found in a water closet and
taken into custody He maintained his
innocence, said he had been a stranger
and was there by accident only.
Officer Updyke testified that be saw
Johnson standing in front of the store, as
If watching, while three mon were In
side. They jumped ont, he fred, but all
escaped. johnson was afterwards taken
into custody.
Branch H. Giles, who appeared for
Johnson, raised point Of law by con-
tending that as OAacer Uydyke saw
Johnssn on the pavement at the time Of
t burglary, the charge of burglary
could not be sustained against him,
Furthermore the indictment said the
oifense was committed in the night time,
when, according to the evidence, it
was at 4 30 o'clock q m, whicn was the
day time. After some argument by Mr.
Davis, the jury was discharged until 10
o'clock this morning,
When court resumed this morning the
attorney general moved to have a nolle
prosequi entered in the case Of James
Williams and Ben amin Cauik, colored
| charged with committing an assault
with intent 20 kill Gustavus j. Gibbs, as
Williams pleaded guilty and Caulk had
been convicted on a similar
charge, which was one of assaulting
with intent to kill Isaac Gibbs
He also moved to have sentence passed
on them in the cases already heard
Oaulk was sentenced 10 three years
Imprisonment, a fine of $500 and one
hour in the pillory, next Saturday
Williams, in consideration of his pleasof
guilty, was sentenced to one years i'm.
prisonment. $3.50 fine and one hour in
the pillory.
Elias Williams colored, who had been
convicted of stealing chickens, was
sentenced to three months imprisonment
with FIVE lashes. next Saturday.
The case of Daniel Johnson who wa
charged with having broken into the
store of Louis L. McClintock in the
night time WAS then resumed. The
chief justice charged the jury and ex
planned the question raised by Branch H.
Giles, attorney, yesterday with regard
to the Indictment which charged
the prisoner with breaking into
the store in the night time while
the arrest was made in the morning He
explained that if the light was sufficient
to permit the prisoner to be distinctly
seen. provided the jury thought the
burglary had been committed then, they
were entitled to discharge the prisoner.
The jury then retired.
Frank Skelley, who was charged with
larceny and whose bail had been forfeited
because Of Don-appearance at the begin
ming of the term, appeared to-day and
on the suggestion Of the attorney
/ general, the forfeiture was removed and
the cage continued until the next term.
Henry c. Turner and Walter Bacon
attorneys for Walter Parker who had
been sentenced to pay fine Of $25 and
costs, for carrying concealed deadly
weapons, made application to have the
minimum term of Imprisonment, ten
days substituted for the fine. The appli.
cation WAS granted.
The case of Peter a. Bell, who Ia
charged with hrving voted illegally in
the Fifth ward, Twelfth election district,
| while living at No. 110 Adams street,
on November 4, was next taken up and a
| jury drawn. Walter q Hayes, ESQ
appeared for Bell, The only challenge
made was that of William w. Frazer,
who was challenged by the defendant
Deputy Attorney General Davis stated
the case for the state
The jury in the case of Daniel johnson
returned at IL 05 o'clock and returned a
verdict of mot guilty" of burglary, but
guilty of larceny.
The case of Bell was continued, .and
Frank D. Carpenter sRore that the de
fendant voted in the Twelfth election
district after the vote had been rhal
lenged by him.
Mr. Hayes-"Did you see his tax re-
ceiptf"
Mr.: carpenter-"NO was not al
lowed"
Mr.. Hayes-''You we're not taking III
the receipts then as you were last Set ur
day
Mr. Carpenter" would like to sx
plain that that receipt was voluntsrily y
| given me last Saturday"
John Reed testified that Bell formerly
lived on Adams street, but resided new
on Reed street This was all the
witnesses produced by the state
Mr.. Hayes raised constitutional
question which was that the defsn6ent
lived in the same assessment district in
which he had voted and had been pre-
vented from voting In the election dis
trict in which he lived. Consequently
that his action was legal. The judges
said they had very grave doubts as TO
whether it was q constitutional act or
not, and preferred to reserve Judgment
Walter Wilhelm and. United States
Marshal MahsffY we're examined as to the
character OF the defendant Deputy
Attorney General Davis asked for q
conviction. Mr.. Hayes maintained that
the state had not proved any case.
The jury retired at - 30 o'clock.
Sentence was then passed on Daniel
Johnson convicted Of larceny. He was
sentenced to one years Imprisonment
with ten lashes next Saturday.
The Equitable Life" holds larger
surplus, writes larger annual business,
has a larger amount of insurance in forcs
and pays a larger dividend than any
other company in the world.
"a Red Letter Day In catholicity."
Next Sunday will be a red letter day
In Cstholicity In Delaware, said Father
| Berminpham to reporter this morning