Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-05-07
xEsr oouyrx couRrs.
Mrs. Harnish Must Maintain Herself--
The Thoroughbred Cause.-The Question
of Negro Jury Discrimination.

found 2l indictments thus far. The Har-
| nish case for maintenance was the first
taken up. The court decided the wife
was not entitled to maintenance by her
| husband.
The Thoroughbred case was then taken
up. Beniah Watson, counsel for defend
ant, moved to quash the Indictment. He
addressed the court at length on the
18TH l4th and 18th amendments of the
| Constitution Of the United States and pro-
poses to prove that no names of negroes
was put In the boz by the levy court.
Encouragement Biggs followed, in
which he cited the Neal case, and said it
was just us consistent that Chinaman,
| German or Irishman to ask for a jury OF
| his nationality. He asked the court To try
the case according to its best Judgment
and as all other cases had been tried, then
II Mr.. Watson saw fit to carry it to a
| higher court he could do so.
| The levy court has been subpmnaed TO
appear before the court this morning to
testify whether any discrimination was
made on account of race and color
The special jury was discharged until
Monday al 10 O'Clock, a. M, when 1t is
thought the trial will begin.
State vs.. William G. Garner, colored, in
| dicted for the larceny of two turkeys.
Garner was discharged until October term
OF court on absence Of witnesses
| DOVER, May l.--Court met yesterday Mt
| 10 o'clock. The case Of the State VS.. WEI
liam Collins indicted for un attempt to
commit rape was taken up and the entire
day consumed with the case. After the
hearing OF the evidence Beniah Watson
| argued the case for about an hour and
half. Court then adjourned Deputy At
torney-general Davis will make the final
| argument this morning. The levy court
did not appear before the court yesterday
as was expected.
| DOVER, May Court met at 10 o'clock
yesterday morning. Argument was finished
in the case of State VS.. William Collins,
indicted for assault with intent to commit
rape. Judge Cullen charged the Jury and
they retired. They We're out some time.
Nine Of the jury was for conviction and
three for acquittal. A compromise was
made and a verdict of simple assault was
returned. The sentence imposed S25 fine,
eight months Imprisonment and cost of
prosecution.
State V. William shockley, the negro
desperate, indicted for assaulting with in
tent to kill Police Officers William Mil
bourne and Thomas Kinnamon, January
lith last, plead guilty. and was sentenced
to pay costs OF prosecution, 5000 fine, one
hour in pillory and five years imprison-
ment in each case, making 10 years, and
ending May list, 1901. Court then adj
journed.
In the case of the State VS.. Thorough
good, Beniah Watson, Esq, was assigned
by the court on Monday last to defend the
prisoner against the charge of rape. In
dictments having been found last Monday
in the court of general sessions and certi-
fled OH the same day TO the court of oyer
and terminer. Mr.. Watson, as soon as he
was assigned as counsel in the case in
formed the court informally that he
should ask them to qliash the Indictment
and the panel of the petit and grand jury,
because there were no colored men ON the
grand jury who found the bill and none
on the petit Jury who were to try the case;
and further informed the court on the
Goth Of last month he had fled with the
clerk OF the peace petition of the prisoner
setting forth the reasons why the indict-
ment should be quashed and the panels of
the grand and petit Jury should also be
quashed; which said petition was accom-
panied with the affidavit OF the prisoner.
He proposes further to introduce the testi-
mony of the levy court commissioners of
Kent county to show that since the if
teenth amendment to the constitution of
the United States was passed that no col
ored men in Kent county has ever been
put in the jury box by the levy court COM
missioners and if not put in of course
could not be drawn out. He proposes fur
ther to show that certain colored persons
in Kent county are sober and judicious
and of such repute as would qualify them
in every particular Ito sit as jurors and to
be on the grand jury.
DOVER, May 5.--court met again yester-
day morning and the Thoroughbred case
was begun. Beniah Watson counsel for
the defendent began the examination of
the levy court commissioners in order to
prove thatth 18th amendment of the con
stitntion Of the United States had been
violated by excluding negroes from the
jury box The following commissioners
ton, Little Creek; John Yoshell Duck
Creek; Caleb Jackson, r., North Murder
kill; David Rus, Kenton; w. d. Killen,
South Murderkill; John B. Wharton, r.,
East Dover and William ]. Beswiek, Nil.
ford. George W. Hardesty of Mispillion
was absent on account of severe illness.
An attachment was issued for William A.
Cosden of West Dover who was absent.
The testimony of the greater part of the
commissioners was that they did not know
Of any, negroes in their. respective hun
dreds that were as capable OF performing
the duties of jurylnan as white mon.
They all admitted that they had not |
placed any names of negroes in the box to
be selected as jurors.
Beniah Watson mentioned the following
names OF negroes in different hundreds |
and submitted them to the court Milford |
hundred, Caleb Bell, John w. Truitt, |
Charles Ferrette and Mark A. Spencer; |
West Dover hundred, John w, Thompson |
and Alexander Callahan; East Dover,
Joseph Bell Peter, Beckett George W.
Mosley, Joshua Parker and George Hall; |
Little Creek, James Clayton, Daniel |
Wooters and Nathaniel Young South |
Murderkill, Stansbury Murray, Benjamin |
Holster, Caleb Harris and Isaac Harris;
Mispillion, Waitman Clark and John
Tharp; Kenton, Joseph T. Stevens, Ander-
son Hawkins; Duck Creek, Lewis Hamil-
ton and James H. Potts. North Murderl1ill, |
James Till, John Jones' Thomas Caldwell |
and William Brinkley.
The object and purpose of offering the |
above names and inquiring concerning |
them Of the levy court commissioners was
to show that they were such sober and ju-
dicious persons as would be fit to perform
jury service. Mr.. Watson showed that
some Of the mentioned parties were proper
persons to act as jurors. The argument
has been brief that there Is a virtual ex-
clusion by the levy court commissioners
of the race and such discrimination
against them is violation to the amend
ments of the Constitution Of the United
States. 1t seems by the evidence given the
commissioners, five Democrats and two
Republicans did not think of any negroes
as being fit to serve as Jurors and were un-
conscious at the time Of violating the Com
stitution Of the United States but were
abiding by the State laws.
mo decision was made in regard to
quashing the indictment and grand and
petit juries, as petitioned by Mr. Watson.
The case was POSTPONED until Wednesday
morning at 10 clock.
In the afternoon the list of civil cases
was gone over, but on account of the I'M
expected termination of the criminal cases
there was none ready for trial.
Court adjourned until 10 o'clock this