Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-02-18

on the assurance of Seaman that it was
for $52.05. In an attempt to prove that
Collins was mistaken in regard to
the prisoner stating the amount
of the check, that Collins did
examine the check, that Collins knew
better than Seaman what the check was,
that Seaman is green in this country,
cannot read or write and cannot tell the
difference between one dollar note and
a five dollar note, that Collins made a
mistake in giving Seaman so much
money and that Seaman, when told of |
the mistake, said he was sorry and con
sented to have taken out of his wages |
the sum he was charged with obtaining |
Illegally, the defence called seven wit
nesses and after they had testified the
deputy attorney general abruptly ended
the case by asking the court to instruct
the jury to render n verdict of not
guilty, which was done forthwith. After
being discharged Seaman thanked the
jury and his counsel and went out in
the audience, where he received the con
graduation of his friends.
George Manloye, colored, con
victed of stealing mare from John
w. Carrow of st. Georges hundred,
was brought in at 1920 O'Clock
to receive sentence. The court
explained that because the prisoners
character had been good, this being his
| first offence, sentence would be mitigated.
Manloye was sentenced to pay the cost
OF prosecution, 5000 restitution money
and 800 fine, be imprisoned three years
and Saturday stand in the pillory an
hour and be whipped with Is lashes
Frank Branc and Vittoni Leone, con-
victed of assaulting Dog Catcher James
H. Writ, were each sentenced to pay the
cost of prosecution and $25 fine.
At 1910 o'clock the Jurors were dis
charged until Monday morning
On the application of w. +. Smalley,
Jr., the case of the State VS.. Samuel V.
B. Carly, colored, charged with gamb-
ling, was continued until next week.
At 1850 o'clock, court took recess
until $50 o'clock.
The county court had quiet session
on Friday afternoon. On motion of
John II. Rodney, Thomas Holcomb was
appointed commissioner to take the tes-
timony in the divorce suit Of John
townsend VS.. Margaret Townsend, Of
New Castle. Alexander b. Cooper,
who had asked for rule 10 show cause
why the Judgment in the case of the
Penn Mutual Loan Association VS..
Samuel w. Hunter and wife should not
be stricken from the records, requested
that the rule be postponed until the
May term, which request was granted.
) Tilghman Johnston, representing Dia-
nlond State Loan Association. moved
that the Judgment in the case Of Thomas
A. Sharp VS.. Joseph Sheppard and wife,
a judgment allowed on a mortgage, be
set aside. He explained that the loan
ASSOCIATION holds second mortgage and
commended that the confession of iudg.
ment was illegal because the defendants
had confessed $1,000 when there was
only $500 due. Harry Emmons opposed
the motion. Mr.. Johnston's request was
!. granted.
Saturday mornings session of county
4 court was quiet one. George Elliott
! representing Samuel Slesnger, asket
! for his clients share of the proceed.
Z of the sale by Sheriff Simmons of property
I of Jacob H. Topkiss. There being a dis
: pute about the legality of the sale thi
sheriff had turned the money over to tn,
4 court for distribution Slesinger ant
! David Abramson are judgment creditors
! Alexander b, Cooper on behalf Of Her
man krouse of Philadelphia, opposed tn
g request of Mr.. Elliott and asked for rub
/
e which the sale was made should not be Sc
il aside. He claimed that Topkiss, just prio
4 to confessing Judgment to Slesinger an,
- Abramson, went to Philadelphia AM
= bought from Krouse and others severa
y thousand dollars worth of goods with til
q intention to defraud, that 'Iopkiss waive
d his right of 81 days stay of execution an
allowed Slesinger and Abramson to pre-
a coed Immediately, that the fraud was gros
"a and that the levy was premature. Tn
), !, rule was granted and made returnabl
% next Saturday.
= Willard salisbury, .Ir., representa-
y Francis Kelley & Co, requested that in tn
"a absence of George H. Bates, representa-
IN Mrs. Jennie Il. Field, the application till
Id had been made to draw out of court til
ID proceeds Of the sale by the sheriff ,
4. property Of eX-'Tax Collector John ,
: Dougherty be continued The request wa
4, granted. Francis Kelley & Co. and MIR
" Field each claim a portion Of the proceed
n At noon court adjourned until Monda
u, morning.
IS Fifteen minutes after the opening
county court Monday morning, durin
IS which time minor business was tran
as acted, Attorney general Biggs called u
ne the case of the state VS.. Eugene d
TX Pont Burns, charged with burning OF
IS of the du Pont barns. Mr. Biggs state
Try that the State was ready to proceed vii
10 the trial
q II. II. Ward, counsel for the defenc
=; announced that lie was not ready al
~ submitted the following affidavit al
~ certificate.
State Of Delaware VS.. Eugene dn Pc
N Burns, in the Court of General session
4. &c, November term, 1891, indictme
q barn burning, state Of Delaware, Nc
IN. Castle county SIS:
ne Be it remembered that on this fifteen
r, day of February A. D., eighteen hundr
Is and ninety-two, personally came befQ
re- me, William l.. Biggs, clerk of said cou
or. Eugene du Pont Burns, who being by ]
IN. first duly sworn according to law depos
~ =, and says that he is the defendant III /
~ above stated case; that he has full, il
Vs- and legal defence to the charge contain
ng in the Indictment found in said case a
am that he is in truth and in fact whol
ide innocent of the offence in said iUdictme
lie set forth that he cannot safely 60 TO tr
ant upon said charge on this date or at I
ia present February term Of this court a
ny ny for the following reasons;
OF First That Hugh Foster, Daniel Fost
ted Ella r. Matthewson and Maggie " Donn
to are four witnesses in behalf of said
urt ponent who are material and essential
the his defense; that Mrs. A. Foster, wife
In. Hugh Foster, mother of Daniel Foster a
az. Ella i. Matthewson, and aunt ot Mag
- 0'Donnell. is now lying at deaths do
er- having been recently and very suddei
vas taken with congestion of the brain,
TO more fully appears by certificate her
re appended Of Joseph II. Chandler, NJ.
Ter attending physician. That under
- circumstances il will be impossible
thu any of said witnesses to attend as
ey nesses d aforesaid at the present time
red near future and your deponent can
slie safely 90 to trial without them.