Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-09-21
| W. NAILOR IS ACQUITTED
Of a Charge of Improper Use
of the Malls.
SOME I'LL FEELING AMONG WITNESSES
John II. Fortner and Captain
Millnan on the Rack.
Proceedings of the United States Court
for tho District of Delaware Several
Cases Come Up for the Consideration of
the Court.

The United States district court con-
vened Friday morning with the court
room thronged with spectators.
Levi @. Bird, counsel for Isaac w.
Nailor, accused of sending obscene mat
ter through th@mails, asked for con-
tinuance of his clients case until Mon
day. Objection was not raised and the
request was granted
Next the case of Captain James II.
Millman, charged with stripping the
wrecked schooner William C. Bee,
began. District Attorney Watson con-
Quoted the prosecution and John Biggs
| defended the prisoner.
The following jury was selected to
try the case; Allen Speakman, foreman;
Samuel J. Mccall, William g. Weir,
| William Wingate, William Green,
| Joseph j. Handy, Robert Donovan, John
+. Harrington, Ezekiel Fleming, Henry
| M. Tunnel, B. W. Truitt and William
Lawton. Mr.. Weir was substituted for
Joseph w. Willard, who was challenged
by the defence.
In addressing the jury District Attor.
ney Watson stated the case and cited
section 5,35S, under which the indict-
ment was drawn. The vessel, he said,
was stripped at night, August 29th, and
two topsails, halyard blocks and
| quantity of rope were stolen.
| Elijah Register, the first witness, tes-
| titled that he resides at Lewes and is
employed in the wrecking business by
the United States government. Contin-
uing, he said; 81 was at Lewes when
the schooner Henry w. Laws, which
was commanded by Captain Millman,
passed there. | knew that the schooner
William Q. Bee was wrecked and tele.
i graphed Information about the wreck to
J. ID. Fisk lS Co. of Philadelphia, the
owners of the wrecked vessel They
instructed me to remove from the
wreck everything l could. | was
promised go per cent for the wotk
i am managing owner of the
schooner Henry w. Laws. Captain
! Millman had aboard the Laws consider.
able goods belonging to himself and
wanted to take the schooner to Milford
SO that he could land his things. l OBJ
jected to him going there but consented
q TO him going to Milton. With this
understanding Millman proceeded with
the schooner but instead of going to
Milton he went to Milford Flats, from
which place'h went to the Bee."
Nicholas Plummer, who was deck
hand on the Laws, testified as follows
"We were off the Mispillion Flats when
we sighted the Bee. She was opposite
Cedar Beach and about five miles from
shore. We went part why to the
! wreck in the Laws and after anchoring
our vessel continued the journey in a
yawl. Captain Millman, Vincent M. ID.
Harrington, Alfred Truitt and my
self went to the wrecked vessel.
We took the property under in
structions from Mr.. Harrington. We
went early in the morning because we
had to use the tide. We got two top
sails, halyard blocks and some rope. |
understood Mr.. Harrington had the
wreck in charge. He gave the orders.
We put the things in shanty on Mr..
Harrinton's property"
Other similar testimony was given,
when District Attorney Watson an
nounced that the government would
close, but would want witnesses to reply
to the witnesses called by the defence.
Mr. Biggs objected to this, but his OBJ
joctions were overruled by Judge Wales.
Mr. Biggs exhibited considerable feel
ing and declared he had never before
seen prosecution conducted like this one
, After addressing the jury Mr. Biggs
! called the accused to the stand Mr..
Millman testified as follows: II was
.. captain of the Laws and sailed her on
,, percentage. When we reached Milford
| went to the telegraph office for the
purpose of telegraphing Mr.. Register
we were going out to the wreck, but
there were SO many messages there, on
account of the peach shipments
l could not get my message
!. sent. expected to hear from
Z him while was at Cedar Beach. Mr.
l Harrington told me the captain of the
, Bee had given him permission to 60 tc
the wreck and remove the things.
went under the direction of Mr.. Har
!, rington. When l toall the things
= thought had a perfect right to do it
Z When we got them we hadn't enough
tide TO bring the Laws in. There
was no reason for taking the thingl
!. ashore Immediately. We came in a
2 IL o'clock in the morning. Mr.
: Harrington is my brother-in law. lhat
heard of the wreck before leaving thu
; fish house, but the first communication
had with Mr.. Harrington was the Sat
: urday after we landed. had tall
u with Mr.. Harrington then about thu
: | WTBCk. VIC COulu HhNe ulOuSnL tn'
9 Laws in the day following our visi
9 to the wreck, but We did not wan
Mr.. Registers son to get her.
0 was dark when we started to worl
!, on the wreck and light when W,
9 quit. We were about three hours a
the work. We stripped the wreck Mon
day and took the things ashore Friday
Mr.. Registers son received the Law
u Saturday. The young man was drink
Q ing the night before he got the boat
s The captain of the Bee left before go
n there, / understood the things were l.
= be kept in the shanty until the captain o
the wrecked schooner was heard from.
9 In the afternoon testimony was con
g tinued in the case, after which al
o torney Biggs, addressing the cour,
IS stated that he was willing that the cas-
;. go to the jury without argument. Dis
o trict Attorney Watson made an address
y Following, the court stated that If tn
y jury should send in verdict of guilt
d he would be compelled to set it aside
The jury rendered a verdict of no
a guilty without leaving the box.
70 Saturday ]. H. Fortner of Blackbird wa
e arraigned on the charge of retailing liquo
% without government license.
J. Andrew E. Sanborn appeared for the dt
o fence. The following jury was empaneled
William Wingate, Joseph j. Handy, Wi!
Hetherington, Ezekiel Fleming WiiliaI
=. Baxter. Samuel J. Mccall, Joseph W
le Willard, William G. Weir, Robert Done
/, van, Henry NJ. Tunnel.
l. James II. Pryor Of Blackbird, was pu
D. upon the stand. District Attorney Watso