The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-02-11

Court re-convened at 10 O'Clock
] Thursday morning. In State vs.. Shad-
! rach johnson Ior driving away the
mare OF Charles Lewis at Newark,
Judge Cullen delivered an elaborate
charge to the jury on the origin and
purport OF the States special statute.
II the jury believed the witnesses
the mare they must aoquit.
If they believe the witnesses which
Shadrach brought to prove his alibi,
they must acquit. The jury retired at
10. a. m. and In half an hour brought
In a verdict OF guilty. The court, by
Judge Cullen, sentenced him to pay
costs and a line OF 5000 and 10 In prison
for one year.
At HOS tho jury on Patrick Doherty
brought In verdict OF not guilty
Judge Cullen told him no could go
where no pleased, He had been tried
on charge of lraceny OF ono silver
dollar aud one half dollar from John
w. Fisher, while both were prisoners
In New Castle jail on the cath or 25th
day OF last December.
Frank Brane and Victtoni Leone were
arralgned on the charge OF an assault
| and battery on Dog Catcher James 4.
Writ with intent to murder him. .5
The prosecuting witness James T..
| Writ of l0ll South Franklin street,
swore in purport that on the 10Th day
of December, 1891, at about O'clock
a. M, he was at Fifth and Scott streets
l walked several squares and 1t was
about II o'clock when got home,
I'm city dog catcher. As | came
from Fifth and Scott l got after fe-
male dog which | caught after fol-
lowed her for some squares. | had
the dog going out Clayton street to-
ward the dog pound. Just before
got over tho fence there were four
men hal loed to me. They talked ItaI.
ian and ] could not understand them.
was struck and knocked down by one
of the men. Another kickd me after
was down. When | got up one OF
them cut at me with knife / backed
because | could not get my revolver
quickly enough out of my hip pocket
under my overcoat.
/ hit one of them with ttre revolver
and knocked him down. One of them
grabbed the revolver. / jerked away
from him and fell down. | was be
wildercd. Perhaps | laid there half ar
hour. / got hold of the fence and
helped myself along and got TO my
home two squares distant. 1 was cui
, with knife with q blade some five
inches long.
The witness here exhibited his over
coat where it had been cut in front.
don't know that they had any provo
cation to assault me. | was laid VI
ono month. DR.. Flynn attended M,
two weeks. / am not over 1t yet. My
head has not been right since tha
time. 1t has been feeling badly TO
over week. My hip was also hur
; and is now lame.
John II. Rodney, Esq, closely cross
, examined Writ the main point being
that he could not say who the othe
two men were, but that one of then
: (Maiiano) that Judge Ball discharged
cut at him with knife.
Several other witnesses were exam
ined by the prosecution and then wit
nesses were called by tho defence t.
, prove an allbi. Peter l.. Cooper, Esq.
conducted the prosecution.
John N, Carswell, teller of the Farm
: er's bank, swore that on the 10Th o
q December, Leone deposited check o
$l25 between II o'clock and ~ II
, Other witnesses made quite stron
! alibi for Leone. Mr. Rodney then pro
a duced an allbi for Frank Branc.