Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-11-23

brated case of David II. Hollingsworth
and Abner Hollingsworth, charged with
the attempted Of larceny chickens from
ex-Levy Court Commissioner Howard
II. Jordan. There was the same interest
manifested when the case was called
and the same crowds were present in
the court room to listen to the conclud-
ing arguments.
Mr.. Nicholson, in summing up for
the State, made an earnest plea for the
conviction OF the prisoners. He viewed
the testimony adduced by the State and
pointed out discrepancies in the evidence
produced by the defence. He said that
David II. Hollingsworth, one of the
prisoners at the bar, while on the wit
ness stand had driven the nail which
clinched the chain of circumstantial evil
dence offered by the State. He said
that Hollingsworth had periured him
self, and his answers to the questions
propounded by the State were conflict
ing and at times vague. At II o'clock
Mr.. Nicholson finished
Chief Justice Lore charged the jury.
He said the State must prove that when
the prisoners entered upon the property
Of Mr.. Jordan on the morning of the
Goth day of July last, their intentions
were to commit larceny. There must
be some overt act shown, and this act
must be coupled with the intention of
the prisoner to commit larceny. The
court spoke of the usual doubt in such
cases and said the prisoner should be
given the benefit OF the doubt. The
case was the only one of the kind ever
tried in the State, but there were no new
questions of law involved. The issues
raised embraced mere question of fact
and the jury was the judge of the truth
or falsity Of the evidence.
The jury retired at Ills o'clock.
The trial list was then taken up and
civil cases to be tried at this term were
calendared.
The committee Of the bar appointed
by the court to prepare daily calendar
of civil cases to be tried at this term,
will meet TO determine what cases shall
be marked for trial.
PIERCE PLEADS GUILTY TO MAN
SLAUGHTER.
Marshall A. Pierce, indicted for mur-
der in the second degree for the killing
of Alfred b. Hindman, was brought
into court and placed in the dock. H.
IL. Ward appeared as counsel for Pierce.
He informed the court that he desired
to withdraw the plea of not guilty of
murder in the second degree and was
willing to enter one of guilty of man
slaughter.
The State accepted the plea and the
sentence of Pierce was deferred.
IfNt ha Af 10
Bostic, colored, charged with larceny,
b. II. Cochran, Jr., who represents
Bostic, stated that he desired to with
draw the plea of not guilty and was
willing to plead guilty in one case, pro-
vided the State would nolle prosequi
the second charge.
The plea was accepted. Bostic was
sentenced to pay $12 restitution money,
to undergo six months imprisonment
and to be whipped with 10 lashes next
Saturday.
The grand jury returned true bill of
indictment against Lewis X. House for
fraudulently obtaining money as bailee,
and an Indictment against James j.
Gibson for obtaining money under false
pretences. The grand inquest was then
discharged for the November term.
A jury was drawn to try the case of
the State VS.. Alfred Fountain, colored,
charged with keeping gaming table.
The case was tried at the adjourned
term but the jury disagreed, which re-
quired hearing of the case.
Deputy Attorney General Branch HI.
Giles appeared for the State and Walter
II. Hayes for Fountain.
Court took recess until $50 o'clock,
with the Fountain case under way and
the Hollingsworth jury still out.