Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-02-04

present. Many spectators were In at.
tendance. Owing to the late arrival Of
Judge Cullen, who did not arrive from
Georgetown until 11.20 o'clock, the
opening of the courts was delayed an
hour and three-quarters.
After the calling and swearing of the
grand and general juries, and after the
former had retired to the grand jury
room, numerous applicants for liquor
licenses were sworn.
AT 1885 o'clock the grand jury re.
turned and was discharged until $3.50
O'Clock, To which time recess was taken.
The only true bill found during the
forenoon by the grand jury was one
against George Manlove, accused OF
stealing a mare from John w. Carlow OF
ST. Georges hundred.
Soon after the reassembling of the
court of general sessions on Monday
afternoon, George Manlove, colored
was arraigned on the charge of stealing
q mare from John W. Curren of ST.
Georges hundred. He pleaded not guilty
and in reply to inquiry made by Judge
Cullen stated that he had retained as
counsel United States District Attorney
Beniah Watson. A messenger was sent
TO the United States courtroom and
after half an hours absence he returned
with the Information that Mr.. Watson
was in Dover. The case then went over
until this morning and the prisoner was
instructed to notify his lawyer to be
present to-day, otherwise counsel would
be assigned by the court
Encouragement Biggs was allowed
to enter nolle proscgui in the case of
the State VS. James Gilmore, charged
with assault and battery on his wife,
Margaret Gilmore, compromise having
been effected and the defendant agree
ing to pay costs.
William Frazer, colored, arraigned for
stealing seven chickens from Sarah Hill,
pleaded not guilty.
PLEADED GUILTY TO PETTY LARCENY.
John Wilson, colored, pleaded guilty
TO stealing pair of spectacles from
Philip X. Clark and was sentenced to
pay $40 restitution money, be whipped
with 10 lashes Saturday next and be
imprisoned two months.
Augustus Anderson, .colored, pleaded
guilty to stealing $2.25 from William
Mailer and was sentenced TO pay costs
of prosecution and $225 restitution
money, be whipped with five lashes
Saturday next and be imprisoned one
month.
HONOR AMONG THIEVES.
William Moore, Charles Smith and
james Butcher were arraigned on the
charge of stealing a pair of shoes from
John ]. Reed. Smith pleaded not guilty
and the other two pleaded guilty.
Moore stated that he and Butcher met
Smith after the theft and Smith
had nothing to do with the steal
ing. Smith declared to the court that
he came here for the purpose of obtain
ing work at Edge Moor, knew his fell
ow-prisoners only one day and at their
request he tried to sell the shoes. He
disclaimed connection with the larceny.
Moore admitted that he had been before
the court previously. He was sentenced
to pay costs of prosecution and Sl.25
restitution money, be whipped with ten
lashes Saturday next and be imprisoned
three months and Butcher was SEN
fenced to pay costs of prosecution and
$l.25 restitution money, be Wiped with
five lashes Saturday next and be i'm
prisoned two months. Smith was told
that he would have to stand trial and
when asked If he had counsel said he
had none.
HORSE THIEF's SENTENCE.
Jesse Allen, alias "Harry Milford"
who said he came from Baltimore,
pleaded guilty to two indictments-the
larceny of gelding from William b.
Eldridge and the larceny of n York
wagon and set OF double harness from
the same individual. He said he had
not been up before and asked the mercy
OF the court. In the first case the at
torney- general was allowed to enter q
nolle prosequi and for the second offence
the prisoner was sentenced to pay 5000
fine, costs of prosecution and $125 resti-
tuition money, be whipped with 10
lashes and stand one hour in the pillory
Saturday next and be imprisoned 10
months.
CONTINUANCE OF BURNS TRIAL RE
QUEsTED.
II. H. Ward, Esq, counsel for Eugene
du Pont Burns, charged with burning
one of the du Pont barns, asked for a
continuance of his clients case until the
May term aud filed the following affi-
davit:
State of Delaware VS.. Eugene du Pont
Burns. Indictment for burning barn, No
vember term, 1891. Court of general ses-
sions, &c.
State Of Delaware New Castle county, S..
Be it remembered that on this first day
of February in the year of our Lord, 1889,
personally came before me. William p.
Biggs, clerk of said court, Eugene du Pont
Burns, who being by me first duly sworn
according 10 law, disposes and says that
he is the deponent in the above stated case;
that he has a full, just and legal defence
10 the charge contained in the Indictment
found in said case and that he is in truth
and in TACT wholly innocent of the offence
in said indictment set FORTH that he can
not safely go to trial upon said charge at
the present February term of this court
for the following reasons:
That in the trial of certain other crimi-
nal cases at the November term of this
court last past, to wit, the cases of the
State of Delaware against William ]. Glib
bons, Edward Clark, Mary Clark and
Joseph Clark, certain testimony was intro
duced by the State which tended to pro-
duce a false and mistaken impression of
. said Opponents guilt of the offence with
which he stands charged in the indictment
in this case, to which testimony this de-
ponent asks leave to refer by his counsel
as 1t remains of record in said cases; that
such testimony, for the purposes of the
prosecution of said other criminal cases,
was produced in the presence and the
hearing of not only the members of the
jury who were sitting in said cases while
on trial, but also in the presence and the
hearing of the whole panel of jurors sum
moned to attend said November term of
said court of general sessions, &C.; that the
same panel OF jurors are required to attend
for the trial Of causes IN the present
February term of court; that such testi-
mony was lor the purposes aforesaid,
repeatedly and forcibly presented and
L.. H. e 10
State to and in the presence Of the whole
panel of jurors summoned for the trial