Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-05-28
COUNTY Courts.
Long List of Gases on the May Calendar
--Some Disposed of.

~ gtt. 4
McClintock on the morning OF April 18th
Deputy AttorncY-gcneral Biggs appeared
for the State and Branch II, Giles, Esq.
who was assigned by the court, appeared
for the defence
The testimony of the witnesses showed
that about $50 O'clock on Sunday morn
ing, April 18th, Officer Updykc was pass
ing down Eighth street, and upon up
preaching Lombard street. saw a maj
standing III the doorway mt Mctlintock'
store Eighth and Lombard streets Al
soon as the accused saw the officer he raj
around on Lombard street to side win
dow, and when the officer reached thu
corner he saw two men climbing out. On'
ran across the lots and he shot at him, blu
the accused and another man took refuge
in an alley They were followed by som,
Of the neighbors, and the prisoner was
finally arrested in a water closet, in til,
rear of house near Ninth and Poplar
streets. Upon searching the water cluset
later in the morning, four watches and
several other articles were found
William X. Long testified that he is an
early riser and that at this season Of tht
year daybreaks about 40 to 40 minutes be
fore the sun rises.
There were 10 more witnesses called by
the State; and Mr. Giles made an opening
for the defence by moving that the indict.
ment be qpashed, on the ground il alleged
the burglary had been committed during
the night time while the testimony Of the
state showed that ii It was committed at
all, II was done after daybreak He quoted
number of authorities in support of his
motion, and made an eloquent and able
argument but the motion was refused
Deputy Attorney-gcneral Davis followed
and claimed that all the evidence tended
70 show that the entry was made during
the night time, as the thieves had spent at
least two hours in ransacking the store,
opening packages Of goods and searching
Tor plumber. He also contended that as
the. accused was found outside the store
and seen to run to the side of the house
and warn his Contederates when the officer
approached, he was equally guilty with
them. and should he convicted.
When he closed at Ais o'clock, court
took a recess until 10 o'clock Thursday
Thursday morning,
=, When court opened at l0o'clock a. IN.
Thursday three prisoners were placed in
the dock The first Of these, James viii
liams, colored who had already been sen
fenced to six months Imprisonment and
five lashes for stealing chickens from
Hannah Giles, residing near Middletown,
also pleaded guilty 10 charge of assault
with intent to kill ason of Mrs. Giles, and
was sentenced on this charge
TO pay fine Of $3.50, an i'm
one hour in the pillory His companion
benjamin Caulk, also colored who
pleaded guilty 70 the charge Of stealing the
chickens and was convicted, on the indiCt-
ment for assault with intent to kill was
sentenced to pay fine Of $500, stand one
hour in the pillory and be imprisoned two
years. The Imprisonment in each of these
cases Will commence November 18th when
the sentence for stealing chickens will ex-
pire.
Chief Justice Comegys charged the Jury
in the case of Daniel johnson. indicted
for burglary and larceny, and they retired
at 1910 o'clock. After being out q
they returned with verdict of
guilty of larceny. and he was sentenced 10
pay the costs, $3.50 restitution money, be
whipped with 10 lashes and imprisoned
one year.
The case Of Frank Kelley indicted for
larceny, was continued until next term.
The sentence of Walter Parker, Colored,
sentenced to pay fine of 50 and costs for
a concealed deadly weapon, was
ON motion Of Walter Bacon ESQ, changed
TO 10 days Imprisonment on account of
his inability to pay the fine.
The case of Peter n. Bell, charged with
illegal voting, was taken up for trial and
jury drawn.
Acknowledgements Bggs and Deputy At
Davis appeared for the
state, and Walter IL. Hayes, Esq, for the
defence.
After an argument by Mr.. Davis the ex.
animation of witnesses was commenced
and Frank ID. Carpenter testified that he
was an election officer in the Fifth ward
at the November election. Shortly before
the polls closed Bell came up to vote, but
rs his right was challenged, on the ground
that he resided in the Third ward, the wit
ness declined to accept it, but was over
ruled by Inspector Francis Il. Cotton, who
placed the ballot in the box.
Peter Reed testified that he has been &C
quainted with Bell for 20 years, and that
for the past Y months he has been living
in the Third ward.
Mr. Hayes undertook to show by this
witness that when Bell undertook to vote
in the Third ward, his tax receipt was
taken and he was pushed away from the
polls.
This testimony however was ruled out.
and Mr.. Hayes cited from the constitution
10 show that as the officers to be voted for
were the same, he had Il right to vote in
any district,
There were no further witnesses for the
State and Mr.. Hayes called Harry VIII
helm and u. $. Marshal Mahatfy to prove
previous good character.
This closed the testimony on both sides,
and the case was summed up, after which |
he Jury were charged BIZ Chief Justice
Jnmegys and retired at 1879 o'clock.
Parker Smith, colored, indicted for as.
'ault with intent to kill Joseph Leech, |
lear Brandywine Springs, on November |
ith, was brought in court and pleaded |
guilty to assault,
Joseph Leech and his daughter, Mary |
Leech, testified that he found Smith tres |
passing on the premises of William i. |
Till, Of which he has charge, and that
when he warned him off he assaulted him |
With a blackjack so badly that his life |
Sas despaired of, and he has been sick
,ver since.
These were the only witnesses for the |
State, and Thompson Smith forthedefence
estiiied that Smith is employed by him |
md that he was merely crossing the place |
when he was ordered on by Mr. Leech.
He did not use a blackia jack, and if he |
truck him at all, struck him with his fist. |
The prisoner was sentenced TO pay the |
osts, fine of $500, and be imprisoned
me year.
As stated Thursday, the jury in the case
# Peter +. Bell, on trial for illegal voting
etired at 1880 O'clock When court con |
'ened, at $50 o'clock, none of the Judges
Except Judge Cnllen was present, and he /
waited patiently for them TO agree upon a /
.erdict. Several times they sent word to
he judge that they could not agree, but he
cclined to allow them to come in until
30 o'clock, when, finding it useless to
.eep them out any longer, he instructed
,ailiff Rainey to bring them in. Upon
he foreman stating that il was impossible
or them to agree, they were discharged
Friday mornings session of court opened
| 10 o'clock, and about half an hour after
he opening, Chief Justice Comegys. who
las had several chills within the last few
ays was so i'll that he was Obliged to re-
ire and take the HOS train for his home.
Judges Houston and Cullen remained,
mt very little business was transacted.
IS this was the last rule day, several were
libmitted and arguments heard, but no
business Of importance was transacted
Al O'Clock court adjourned until 10
o'clock Monday morning.