Evening journal., 1893-11-23
THREE YEARS IN JAIL.
Light Sentence for the Slayer
of Hindman.
MITIGATING CIRCUMSTANCES EXIST


That Pierce Dld Not strike Hard
HoliinKsworth Jury Comes In with a
Verdict of Guilty. Asking for Mercy.
James Pennington. colored. accused Of
stealing $75 gold watch from William
Mccartney. on October IA, was put on
trial Immediately after the retirement Of
the Fountain jury. In drawing the jury
the panel was exhausted and the sheriff
was compelled to 60 into the audience
for talesmen.
Thomas F Bayard, Jr.. represented
the state. The prisoner did not have
counsel. Mr. Bayard's conduct Of the
case was favorsbly commented upon by
his associates at the bar
William Mccartney. testified to the
circumstances of the theft and the restor
alton of the watch by the chief of police.
solomon Silverman was sworn on the
Five Books of Moses. He said that Pen
nington offered TO sell him the watch for
s. but he 'iewed' him down to 81 and
took a receipt While tine transaction
was going on an officer walked In ana
nabbed Pennington.
Officer BTinkheide testified to making
the arrest after delightful sprint
The state rested, and the prisoner
called William Dumpson, who knew
little or nothing about It Pennington
was sworn and made his own statement
He said he found the watch on TatnRll
street, and took IL to the dealer to sell
/ it, He ran from the officer because he
was afraid Of being arrested for hav-
ing It.
The case was submitted without argu-
ment OF charge and the jury. in a few
seconds, brought in a verdict of guilty.
At 4 10 there were three iuries out.
The prisoner told the court that he
could get Mr. Warren, his former en-
ployer. to testify TO his previous good
character As the jury bad returned its
verdict Mr. Warren was not sent for, but
Pennington was allowed to plead for
mercy He was given fifteen lashes nine
months and ordered to pay $40 restitu-
tion money.
The attorney general reported that
Charles H. Collins, accused Of embez-
zling funds Of the Prudential Life Iu-
surance Company, had failed to put in
an appearance. His bail bond was for
feited and a capias was issued for Col
Inns, returnable forthwith. His bonds
man was Charles d. Argus, the bail be
ing $500.
Henry c. Turner asked until next
! Wednesday to prepare for the defense Of
Ella d Hopes, accused Of attempting tc
murder her husband by shooting him
The court told himto be ready for trial
on Friday morning
Verdict Against Fountain
At 3j the Fountain jury returned
verdict Of guilty. The court aske,
Fountain II be had anything TO say H
said that Detectives Witsil and McVe,
had a grudge against him and we're re
sponsible for the action against him.
To this Chief Justice Lore replied:
D 1--WE want TO say right here that W
mean TO break up gambling in this cit.
. as far as we are able TO do it. We saw
r mere upon that witness stand young mai
a after young man who were gambling il
e that house, which was your house, rented
p for that purpose by your agent, to younl
men We propose to impose pretty
severe penalty upon you. We want L
make an example within the reasonable
limits Of the law. and deter others frou
- aiding young men to ruin. The sentenc
of the court is that you pay a fine Of $50
and costs of prosecution, and you ar
converted to the custody Of the sheriff
> until this sentence is carried into ef
: feet
John Callahan on Trial.
e The Jury which was called to try job
II Callahan was composed, in the main, Q
Q talesmen. James w. Ponder conducte
the prosecution The prisoner had n
counsel He was accused of fraudulen
n conversion as bailee, selling oysters an
. trading a mare belonging to a woma
named Mary Mahoney, who lives /
South Wilmington. number of wit
uesses were called by the state and wer
u ably handled by Mr.. Ponder. The d.
d Tense was a weak statement made to th
y jury by Callahan.
Is The jury rendered a verdict Of guilt
&c without leaving the box. The chief jus
80 tice told the prisoner he was old enoug
le to know better aud the court intende
d TO make an example of him but, as
% hsd wife and two small children,
% would only be given three months
; Jail
N At 5.t5 court adjourned the Holling
. worth jury being still out.
,d oyer and Terminer Jurors Discharged.
L. The first thing done this morning vi
IN to discharge the special jurors drawn 4
IN service in the Court Of Oyer al
Terminer.
W A jury was drawn to try Peter Caro-
d, a young white man. indicted for stea
10 ing brass from the Harlan and Holling
worth Company. Attorney-Gener
r Nicholson prosecuted the case. Lewis
e Vandegrift defended the prisoner.
Id Mr. Vandegrift informed the jury th
be would not plead not guilty for I
-, prisoner, but that there were mitigatii
IA circumstances and he would ask W
y. dict OF guilty with recommendation
s the mercy Of the court The sts
u agreed to that proposition and the ia
an rendered the verdict without leayil
as the box.
on a Mr. Vandegrift then asked the col
on 3n to leave of the lashes and make {
~ term Of imprisonment as short as possib
~ The chief justice lectured Carroll a
told him to let whiskey alone In {
future. The sentence was six mont
ei- imprisonment and the costs Of prose-
of tion.
Inc After Many Hours.
nA At 10 As the Hollingsworth jury, ca
@e.s @ worn and weary, filed into court af
n having teen out about twenty th