Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-11-19

quickly and arrested Townsend, whom
ne pointed out as one of the assailants.
ms affair occurred between 10 and 4
O'Clock at night.
Cara Whitcraft, who was an inmate
oil NO II Market street at the time. re-
memhered seeing Lewis at the house on
the night of October 10Th. Townsend
and Carr were there at the time. she
was asleep and Townsend woke her
with the information that "here was a
man with plenty of money! She
knew nothing further about the
affair. Carrie Roberts, another inmate
OF the house, also testified to
seeing the three men there. She said
that Lewis made display of his money
while there. Lewis went out first. and
when she asked him if he was coming
back, either Carr or Townsend, who
followed him out, remarked, "Wben we
get through with him we'll bring him
back"
Policeman Amos +. Hahn said he heard
the cutlery made by Lewis and went
around on Water street. Lewis pointed
out townsend as one of his assailants
anu he arrested him. Officer William j !.
Massey assisted in the arrest and looked
around for Carr, but did not find him
House Sergeant Whann, who searched
Townsend on his arrival at the police
station, said he obtained $3.50 in silver
in his outside coat pocket. Townsend
then made no denial of Lewis accusa-
llon. Both men were perfectly sober
at the time.
Detective Ilatton testified that he ar.
rested Carr in Chester, where lie was
going under the name of james Smith.
In a conversation held in the Chester
city hall, Carr said he simply grabbed
Lewis around the neck, while Townsend
robbed him.
This closed the States testimony.
and Mr. Harrington, for the defence.
asked for instructions to tine Jury to ac-
quit the prisoner, as the State had not
proved that Water street, where the
robbery was alleged to have been com
mitted, is public highway. He held
That proof should have been submitted
by the city engineer that the street had
been condemned as public highway.
MI. Cooper said that testimony had
been given by the witnesses called that
the street is a highway aud that this
proof was sufficient.
The court conceded with Mr.. Cooper
that the proof submitted was sufficient
to establish the fact that the street is
public highway.
The defence had no testimony to offer
ana argument was commenced, which
continued until the noon adjournment
The case of james Carr and Joseph
Townsend, charged with highway rob
berry, went to the jury at Tuesday
afternoons session of general sessions
court, after charge by Judge Cullen.
1t took the jury just Is minutes to agree
upon verdict Of guilty as indicted.
In passing sentence the chief Justice
informed the prisoners that their crime
was serious one and under the old law
would have made them liable to capital
punishment. He sentenced each to stand
one hour in the pillory and receive 40
lashes on Saturday next, with one years
imprisonment for Carr and three years
for Townsend. This is Townsend's
second conviction for this crime, and
he was therefore given severer sem
tence.
Major Lopez, colored, pleaded guilty
to a charge of carrying, concealed,
deadly weapon and was fined S25 and
costs. He had the money with him and
at once paid over the required amount,
$31.23. This is a very unusual occur.
renee, as this class of offenders generally
pay a penalty of imprisonment in lieu
of the fine.
John Noome arraigned for the larceny
OF three silver spoons and fork from
Matthew Goslin, pleaded not guilty.
William Dorsey, colorcd, arraigned
for the larceny of an oyercoat from
John Ford, pleaded guilty. He was
sentenced to receive five lashes OH Satur-
day next and be imprisoned two
Samuel Sedgwick, arraigned for the
larceny Of two horse blankets from the
almshouse at Farnhurst, pleaded guilty.
Proof Of previous good character being
given by Superintendent John Guthrie,
OF the almshouse, he was let off with |
two months imprisonment.
State vs.. James Mcguire for the lar
ceny of $14 from Peter Gill. Victor
B. Woolley for the State and Austin
Harrington fer the defence. Mr.. Gill |
that when he went to bed on
the night of October 18th, in his shoe
shop, No. I'll L. Seventh street, he had |
$l4 about his clothes. Mcguire also
slept in the shop, but the next morning
Mcguire had disappeared, and so had
his money. On cross-examination the
witness admitted that he and Mcguire
had been out on drunk together.
There was also testimony that after this
occurrence Mcguire sported new clothes
and showed evidence of suddenly
acquired wealth.
Pending this trial court adjourned
until 10 o'clock yesterday morning.
The trial of James Mcguire, on a
charge of the larceny of $14 from Peter
Sill, was resumed at yesterdays SEES
'ion of court. For the defence Pro-
Monetary p. A. Horty and Henry @.
Turner testified that Maguire's reputa-
ion for honesty was very good After
and charge BY Judge Cullen
he jury retired. In half an hour they
'etnrned with a verdict of not guilty
md Mcguire was discharged.
COOLING PLEADS GUILTY..
Howard Cooling, who was indicted at
he September term for the murder of
lis wife, was brought into court. Cool
NJ was aNNohip uhlcu ny HIS DrOlhef,
md in addition to the paeness conse-
luent upon his confinement, looked
Inxious and careworn.
Addressing the court, Attorney
General Biggs stated that Cooling,
through his counsel, Levi c. Bird, de-
fred to withdraw his plea of not guilty
md enter a plea of guilty of man
laughter.
81 agree to this" said Mr.. Biggs, eff
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