Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-11-26

robbery was committed. He was home in
bed ut IL o'clock, she said.
Mr.. Davis asked the witness II she did
not go to see Mrs. Beatty. George Swords
sister, the next morning after the robbery
and accuse her of allowing Siverd to keep
young Maharty out all the previous night.
In reply to the question the witness said
she did call at Mrs. Beatty's house the next
morning, but her visit was for the purpose
OF rebuking Mrs. Beatty for permitting
her brother, George Siverd, to entice
young Maharty away from home.
Miss Julia Maharty next took the stand.
miss Maharty," said Attorney Ward,
"you are brother of Howard Maharty,
are you not p And then Mr.. Ward won
dered why the spectators Uttered. He
finally discovered his mistake, however,
and said apologetioally to the witness: II
MahartyaS II am" was vast the re reply. H The
witness corroborated the testimony of her
parents which was to the effect that her
brother was home in bed the night the
robbery was committed. She remem bered
the date by the fact that she attended
party that night. Alfred l.. Maharty also
testified that his brother was home in bed
the night of the robbery.
Leonard X. Maharty, aged 8 years, testi-
fled that his brother put him to bed the
night of the robbery about . O'Clock. The
lad proved an apt witness for the defence.
lie also stated that he had met Siverd the
following day after the robbery, and
Siverd told witness that he was going to put
up job on Howard Maharty.
Mrs. Charlotte Beatty testified that Mrs.
Maharty came to her house the next day
after the robbery, and complained that
George Siverd, Mrs. Beatty's brother, had
kept her son out on the night of Septem-
Der 10th.
Lola siyerd sister of George Siverd, tes-
titled to meeting. young Maharty on the
the defendant admitted to her that he
was with witness brother on the previous
night.
Some conflicting statements were made
by former witness as to the date of the
first publication of the Gardiner robbery
Mr.. Davis called Detective Witsil to prove
that the first publication Of the robbery
appeared on September 18th, the second
day after the deed had been perpetrated.
Detective Witsl stated that this account
first appeared in EVERY EVENING of the
issue of September 18th. This was in con-
tradiction to the testimony of former
witness, who declared that heread the rob
berry story on the 18th day of September.
During the afternoon William Gibbons
was brought into court and released on a
renewal Of his bond of $4,000, the court
ASAuoSa W plhNC iAt tCltllNAtillb
under an additional 5000 bail US de-
manded by Attorney general Biggs
Court then adjourned until 10 o'clock
yesterday morning.
The case of Howard Maharty, charged
with being concerned In the burglary ut
GARDENERS restaurant, went to the jury at
yesterday mornings session of court, after u
charge by Judge Cullen, cousel submitting
the case without argument. The Jury re-
tired at 1918 o'clock and at II. 10 returned
with verdict of not guilty.
The prisoner was discharged. He
thanked the jury and at once walked out
of the court room. The Jury took but
three ballots, the first and second being IL
to for acquittal and the third unanimous.
Elias Segars, colored, who pleaded guilty
to the, larceny Of, horse from Wesley
Russell of Brandywine hundred, was sem
fenced to stand one hour in the pillory
and be whipped with 20 lashes on Satur-
day, December 9Th, and to be imprisoned
six months.
State VS.. Thornton johnson, colored, for
the larceny of so cents from George Foun-
tain, colored. Victor b. Woolley for the
State. The proof was that johnson and
Fountain boarded and roomed together at
| No. $40 Orange street Fountain frequently
missed small sums Of money, and becom-
ing suspicious Of johnson, he marked
some coins In his pocketbook. The next
morning he saw johnson foolng with his
clothes and finally saw him pick up his
| pocketbook and take something from it.
| He had him arrested, Officer Philip ].
| Green making the arrest. johnson was
| searched at the police station and one of
| the coins marked by Fountain, dime
| was found in his pocket. The marked
dime was produced and offered in evil
| denoe. Fountain said he had but Y cents
in his purse, and johnson filched so cents
of this amount.
| The prisoner called Henrietta Morris,
colored, to 'prove his car-ac-eter.n She
said his reputation for honesty was good,
as far as she knew. He also called Mary
| Johnson, colored to testify that she had
given him four dimes the night previous
| to the arrest.
Johnson's defence evidently impressed
some members of the jury, for the delib-
Grafton lasted over an hour. Finally Il
verdict of guilty was rendered. coupled
with recommendation to the mercy of
the court.
The recommendation was sufficient to
authorize the court to omit the whipping
ms part of his penalty, and Johnson was
sentenced to Imprisonment for one month";
In the case of William Boulder, charged
with the larceny Of watch, nolle prosequi
was entered, on payment of costs.
Court adjourned until l0o'clock Monday
morning.