The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-02-11
HORSE STEALING rUNrspED.
Heavy Sentence for Trying TO Cut the
Heart Out Of o Minister with n
Razor.

had been greatly wronged by q num-
Der OF persons. He had known him
for twenty years as one OF the best
boys In Kent county. Influential wit
nesses from there had gone on the
stand and given him the best reputa-
ton. He had proved his client was In
another place on the night OF the theft.
His witnesses had been corroborated
by witnesses for the State.
Tho prosecuting witness, Carlow,
and the real prosecuting witness, Ryan,
had pulled against each other Those
who had undertaken to Identify him
him and were mistaken.
Deputy States Attorney General
Davis made the concluding argument
for the prosecution.
The prisoner has peculiar features, SO
as to be easily identified by the wit
nesses.
Katie Ryan. the book-keeper, identi-
fled him. Katie went down In the
corridor and picked the prisoner out
amongst others insthe cell.
John ]. Ryan thought that there
might be something wrong, so while
he bargained for this horse at $40, he
gave the seller only So in cash and a
s35 due bill and Immediately went to
the police and told them he had the
horse, and under what circumstances.
Ryan came into this State yolun-
tarily TO testify in this case. He could
be arrested if he were ao-conspirator
or an accomplish in theft.
The mare was in the stable Saturday
night, and not there by o'clock in the
morning. BY o clock that morning
the animal was put on sale in Chester
Mt $50 and $40 aurpnl uDOn
The Vests may have been mistaken
as to the week the prisoner was living
at their home. Three witnesses had
identified the prisoner. AS TO his char
acter that can Only avail where there
is doubt. There must be first of.
Tense in the downward career OF any
man.
mir. Davis also adduced certain law to
points the court.
JUDGE CULLEN's CHARGE.
The case is exceedingly ploin. He
stated the case and statute and defined
larceny.
Ii must be proved Carrow owned
the mare and that she was stolen.
Did the prisoner take the mare?
We have teen asked to charge You
that Ryan WAS an accomplish and not
a proper witness and that his testi-
mony should be rnled out. An accom-.
plicc must have guilty knowledge be-
fore or after the act.
You heard the testimony and can
apply the legal principle to the facts,
The Judge seemed TO think Ryan was
not an accomplice.
If the jury believes the allbi then the
prisoner cannot be guilty.
Ii n person has in possession proper
ty which has been stolen, unless he
can give reasonable account OF how
he obtained. 1t there 10 apre5u mption
of'guilt. 49,.
Whether thcreis mistake made by
! the witness of the prosecution you are
to decide. The man who sold that
horse to Ryan Is the guilty party. II
the jury cannot reconcile tho facts to
the effect that this prisoner took that
mare to Chester and sold her to Ryan
without a reasonable doubt they must
acQuit him.
In case of q doubt he is entitled to
the benefit Of his good character.
The case was then given to the jury
CUTTING WITH RAZOR.
In tho cnse OF State VS., John Short.
Ell forassault and battery with intent
to murder Samuel Ambrose. the pur.
port of evidence WINS az follows:
Rev. Samuel Ambrose sworeshs tried
to get the prisoner to quit. He said.
John. don't smoke here in the vesti
bule of tho church" John said 'go tt
| hi. Shorter then sworc he'd "cut
somebody's heart out" He took oui
his razor and cut me. The minister
| showed the judges the cut on the
ribs some five inches long"
1t cut his watch chain. The five
inch Eash in his undershlrt was shown
to the judges.
| When crosS.eXamined by Peter i
Cooper, ESQ.,, the prosecuting witness
did not know whether Sorter had been
drinking that night or not. He die
not know that Shorter meant hin
when he said he'd "cut somebody's
id heart out" lie had not know
of the prisoners ever making any dis
turbance before.
THE JUDGES SENTENCE.
1t is most aggravated assault. The
wonder is he was not killed. Thi:
thing must be broken up. The couri
gives you the full penalty of the law
Costs $500 line, five years imprison
inert. ending Feb. .. 1897 and one houI
in the pillory, between 10 a. m. and .
D. N. next Saturday.
John Horner withdrew the plea OF
not guilty he had made TO the court
and pleaded guilty, Dut stated it was
his first offence, that the complainant
owed him So for n pig and had told
him TO take watch for pay.
| He did not take the watch but did
take two coats which had since beer
legally appraised at 1925 and restore
The Court made the sentence, costs
$6.25 restitution money. three mouths
mprisonment and lashes next Satur-
day between 10 n. M, and 2 p. III.
At 4.20 p. m, the jury came in wiiha
verdict OF guilty against George Man.
love of stealing the mare of John W.
CaIrow of st. Georges and of selling
her in Chester. The Courts sentence
is expected to-day.
| sHADRACH IN TRTAL-FURANCE.
The State against Shadrach johnson
colored, charged with driving oil a
mare without the owners permission
All the persons who testified live at
or near Newark. Charles Lewis, the
owner oil the mare, said it WIS driver
away on Saturday night, November I
Alexander Gregg and j. Il. Eastburn
swors that they met Johnson driving
the mare. Mahlon Chambers saw the
mare, but did not recognize the driver
For the defence William Doyies
Wesley Haynes and James Hall sworc
that they saw johnson going home
about / / O'Clock that night, which wal
about the time the mare WIS driver
off. Branch IL. Giles conducted tho
prosecution.
Court and jurors took recess from
i.55 p. III. until 10 o'clock this morn
ing,
couRT NOTES.
A court official is said to have ro-