Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-10-06
moPposISG sHERIFFs SALES.
Attempts Made to Have Two Set Aside by
Court Saturday.


sweat and unlawfully keeping and
exhibiting a sweat cloth on the 4th day
of July last at Kirkwood, Delaware, was
taken up. Branch II. Giles appeared
for the State while ex.Attorney- general
John Biggs appeared for the prisoner.
The State called Detectives Bernard
j. McFey and Walter Witsil, both of
whom testified to the arrest Of Norton
and the fact that they had captured the
prisoner red handed in the act Of throw
ing sweat.
Mr.. Biggs did not cross-examine the
witness, but after the State had rested
coolly arose and made Il motion that the
indictment be quashed on the ground
that the testimony did not agree with
the allegations that sweat was played.
Mr. Biggs held that the Indictment
should not have read that the defendant
did exhibit certain sweat cloth at
which a game Of dice was played for
money.
Mr.. Giles in reply stated that the tcs-
timony was that d game Of sweat was
played and not game of dice, as al
legged by counsel for the defence.
Mr.. Biggs claimed that the proof
should conform TO the allegations. This
was a fine point, but the court did not
sustain Mr.. Biggs' objection. 1t was a
very close call for the State, however
Mr.. Biggs then withdrew his plea Of not
guilty and entered one Of guilty.
a jury of inquisltion was drawn and
the following awards made in cases
wherein Judgment had been rendered
for non appearance of defendants:
Robert Minkin vs.. The United States
industrial Insurance Company, $1,000.
State Of Delaware for the use Of Alber-
ger, Starr & Company VS.. Isaac Dillon,
w. II. Ice ana Franz Ginglebach,
S6,299; Morris Congo VS.. Standard Sew
ing Machine Company, $33.36 samuel
w. Hall, administrator of John w.
Hail, deceased, vs.. Francis X. Smith,
$l02 TO-
Walter jefferson, colorod, aged Ia
years, charged with the larceny Of a
watch, was sentenced 10 two months i'm.
prisonmant, The corporal punishment
was RENTED.
For the larceny Of % cents, Clara
Lewis, colored, an old offender, was
sentenced TO Two months imprisonment.
She has already served three months in
Jail.
Levi Ruth, convicted of attempted
felonious assault on Annie Grossman,
aged | / years, was brought into court
TO receive sentence, but sentence was
finally deferred until 10 O'Clock this
morning.
John Lardo, an Italian, convicted of
assault with intent to murder Raifaco
and Antonio Mara, was sentenced To
one years imprisonment and one hour
in the pillory.
Before court adjourned Mr.. Nichol-
son said there was an old indictment on
the records Of the court as far back as
1887, that Of the State vs. Theodore W.
Francis, charged with lottery policy
writing. He asked that a nollc prose
qui be entered in the case, and it was,
therefore, stricken from the court
records. The defendant is the present
chief of police Of this city.
Court adjourned at o'clock until 10
O'Clock Thursday morning.
Mr., Smalley has made application to
the governor for remission of the cor
poral punishment in the case of John
Lardo.
AS soon as court convened Thursday
morning the bail bond of Andrew
Horsey, colored, indicted for lottery
policy writing, was declared forfeited
on the appearance of the defendant
and his bondsman, Andrew Traynor.
AT lo.l5 O'Clock Judge Cullen dis.
charged the petit jury from any further
attendance at this term of court.
ii. Y. Conrad asked for the publica.
ton of the return of the commissioner
in the divorce case OF Beale VS.. Beale
1t was granted.
The witnesses in the case Of the State
VS.. Elijah Dean, charged with assault
and battery were discharged from any
further attendance at this term Of court
Judge J. Frank Ball submitted mo.