The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-02-12

A Crook Won v Cass-Embezzleme
Other Trials and Sentences.

A Crook Won v Cass-Embezzle
Other Trials and Sentences.
The Court reconvened OF 10 o'clock
a. m, Friday.
In State vs.. John Fltzmorris charged
with taking new clothing November
"a, 1891 from VIM. Mcbride, Victor u.
Woolley prosecuted and the prisoner
defended himself In a lawyer-llke man
ner and with great ability. Mcbride
had given him the clothing.
Judge Cullen charged there must be
felonious intent to make it larceny.
The jury retired at 1850 and at 80
brought In verdict OF Not guilty"
Judge Cullen told him he could go
where he pleased and advised him
hereafter not to try to take care OF
Their peoples goods.
lie replied he did so by request."-
Mcbride was an old man who treated
and drank from quart bottle of
whiskey, and 1t was shameful case
Of mutual drunkenness lying down
and sleeping in the streets. Officer
james Haines made the arrest.
On motion of Vim. I. Lyman, ESD,
the case OF State vs.. Bullock Homphill,
button and Harris, charged with bur-
glary and larceny, was continued I'M
Til the May term, on account OF he
| absence of material witness.
An interesting enbezzelment case,
was tho States vs. Thomas Seaman
for cheating David Collins out of
| 1860 by passing on him the 18th day
OF last December, railroad check Of
1925 for $50 o. at the Holly Tree Inn,
| Front and Market streets.
Deputy States Attorney Davis was
| for the State and Messrs. Sauborn and
| Hayes fol the defense.
The CHECK was objected to but adj
mitted subject to the future considera-
ton Of tho Court.
..- THE DEFENSE.
| Mr.. Sunborn told the jury IL was q
very simple case. We will show to
you that Mr.. Collins was mistaken,
when he said this defen dant told him
that check Was Tor S5250. The defend.
ant cannot read OF write. Mr.. Collins
read the check for himself and made
tho mistake.
Tho check was given In payment for
three glasses of beer. Mr.. Collins
looked at it carefully three times. Our
client is poor man, unacquainted
with our customs and laws. lie came
from Ireland last May. He has beer
confined on this charge since the eth
day OF last December,
Tn cross examination, Collins said:
Il did not say to Seaman | thought
you'd be man enough to pay 1t back
again"
Richard Cohen testified the prisoner
could not road as ho had got him to
try to read "a check to him. | had to
tell him on one occasion, the difference
between live dollar bill and II one
dollar bill.
David Collins admitted to witness
he had read the check three times. lie
gave Seaman good character.
Michael Gilmore know seaman two
months before he WAS arrested. He
gave him a good character. Tie hear
Collins say when he asked him why he
gave Seaman the money that hi
Thought he was man enough TO come
back AMI pay it."
He also swore ScanlJn could not
read bank bills. Seaman has beer
living with the witness most OF the
time since he came to this Country y.
Patrick Brown know seaman in Ire
land for two years and then came
over with him in the same ship eight
months ago. Seaman was always
honest.
Patrick Brown and Mrs. Patrick
Brown Ckate) swore Seaman boarded
WITH ne, lie can neither read MOI
write. He cannot tell money, no
even a 81 bill from So bill. My hus
band tsaid kato) wrote Seaman letters
to the old country.
Deputy Attorney Davis hero asked
the colrt to charge tho jury to rendel
verdict of mot guilty" which wa
forthwith done.
George Manlove for larceny of mare
OF John W. Carrow WAS sentenced To
pay costs and $500 restitution money
and u fine of 800 and be imprisoned
three years, stand one hour in the pill
Tory and take fifteen lashes next Satur
day between 10 il. M. and p. m.
Nictonne Leone and Frank Branc fol
assault on Dog Catcher James Il. Writ
were sentenced to pay costs and 81
: each.
, Tho witnesses In the State vs. Sam
, uel V. i. Carly (cOlorodl J, charged witt
policy writing, were discharged unit
Monday, Wn. 4. Smalicy, Esq, 70
defendant.
At IL. 40 p. m. tho jurors were all dis
charged until Monday morning, an
/ at L. 48 court took recess until rs
p. m.