Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-11-16

clty 10 tue mouse Oh nelSnDOr ana re-
manned at the place until after II o'clock.
William Deakyne, deputy recorder
of deeds, was called to produce the
records of his office to prove that the
property on which the fire occurred was
owned by Rachel Duffield. Mr.. Davis
commended thar the indictment alleged
that the building belonged to George N.
Burgess, when as matter of fact the
property belonged to Mrs. Burgess. Mr..
Davis moved for an arrest of Judgment
on the ground that the allegations in
the Indictment were at variance with
the evidence on this point. The court
denied the motion.
The prisoner at the bar was then
called TO the stand and was allowed to
make statement. He denied that he
had set fire to the buildings. He said
he went TO the fire with Harry Duffield
and helped to save the stock but did not
fire the building.
The defence then rested.
Mr.. Nicholson here arose and aban-
doned the case. The court instructed
the jury to acquit the prisoner. The
verdict was so rendered and Byard was
discharged.
Court adjourned until 10 o'clock Tues
day morning.
In county court, Tuesday morning,
Clarence Cooper, colored, was arraigned
upon the charge of attempted felonious
assault on Elsie Grant, child 10 years
old. He was represented by II. G..
Turner and Peter l.. Cooper. Jr. Deputy
Attorney-General Branch H. Giles APP
peared for the State.
In the afternoon the court charged the
jury in the case of the State VS.. Clarence
Cooper, colored, charged with attempted
felonious assault on Elsie Grant, child
IL years old, and that body retired about
9 o'clock and in 45 minutes rendered q
verdict of guilty in manner and form as
indicted. Cooper was sentenced TO stand
an hour in the pillory and receive Is
lashes, next Saturday, and be imprisoned
two years.
A jury was drawn to try the case of
the State VS.. Alfred Fountain, arraigned
ing him with keeping and exhibiting a
gaming table at which ''stud poker"
and draw poker were played for money.
Deputy Attorney-General Branch H.
Giles appeared for the State and Walter
IL. dhyeS Tor the defence.
Mr.. Giles said that he would prove
that Fountain kept the gaming table
and would show that money was taken
from the game to pay Fountain.
William ID. Miller testified that he
rented house to Alfred Fountain and
that was as far as he was concerned
with the transaction, further than 10
receive his rent regularly.
Lee Pennawell said that he was a
member of the club that met at Foup-
tain's and he paid Fountain 10 cents O
night for gas. The money was taken
from the pot" Pennawell always paid
the rent.
Clinton Buckley said he was a mem
Der of the club that rented the room
from Fountain. The club had an exist
ence Of about three weeks. II is now
defunct. He said straight poker and
"stud poker" were played. The members
sometimes played for money. The ante
Fountain played and mostly won when
he was in the game. Ten cents was
taken out of every "pot"which was given
to Fountain.
Harvey l.. Pennawell, was member
of the social club. He rented the room
from Mr.. Miller. Fountain went with
him to rent the room. He saw poker
played but did not know whether there
was stake or not. Fountain received
10 cents from every "pot,"
Elwyn Cooley saw draw poker
played, and the games were for money.
1t was the understanding that the
players were to pay 10 cents for light to
Fountain; 10 cents for heat. He did
not know whether the gaming table be-
longed to Fountain or not.
John q. Green was a member of the
club. He was called to the stand and
INTERCEPTED by Mr.. Giles, who asked
him TO explain to the jury the fine
points of the games which were played
by the club. Green proved himself an
expert with the cards, and turned up
three queens and a pair of aces the first
deal. Mr.. Giles was satisfied with his
knowledge of "stud poker" aud Green
returned him the deck.
The defence, after calling evidence in
rebuttal, rested, and court discharged
the Jury until 10 o'clock "Wednesday
morning.
The little conjunction land" played
an important part in the proceedings oil
the general sessions court yesterday
and came near quasbing an indictment
drawn by the Encouragement against
Alfred Fountain who was arraigneo
upon charge of excepting and exhibit
| ing gaming table," at which stud poker
was played for money. Walter IL
Hayes appeared for Fountain. He moved
that the Indictment be quashed on thu
ground that it alleges the excepting and
exhibiting of gaming table," whereas
the statute provides the Excepting or ex
hibiting of a gaming table"
Deputy Attorney General Giles con
tended that the Excepting and exhibit
ing" of the gaming table had beer
proven, and therefore Mr.. Hayes
motion to quash the indictment should
be denied,
Judge Cullen, for the court, said the
State must prove the excepting and ex
hibiting of the gaming table in order tc
render a verdict Of guilty. Had the in
dictment read Exhibiting 'or' keep,
ing gaming table," instead of: keep
ing and exhibiting gaming table,
then the State would only have beer
compelled to prove one of the tive
charges, but as it was, both charge
must be proven.
The jury retired at 1915 o'clock.
The case of the State vs.. Edward e
litter, charged with "using a femal
child under Is years for immoral pur
poses," was called. The name of Title
was called three times by the crier, ant
upon his failure to answer his bail bonC
was declared forfeited. His surety i
his mother and the bail bond is 81 ,00O
litter has jumped his bail and is nov