Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-02-16

The court ordered the release of Matthew
Hogan, charged with horse stealing, and
Grace Price. charged with larceny, now in
New Castle Jail, the terms of the prisoners
having expired.
A jury was then called to try the case Of
the state IS. John 7. spring and Joseph
W. HOrner, indicted for All attempt 10
obstrlrt the administration of justice in
splritlns away q witness.
When the case was called jeremiah Sui
livan, the witness spirited away, was pres
ent in court. II. ii. Ward appeared for
HGrner ami Spring. The latter is a fire
man at the court house.
Mr.. Nicholson, in opening for the state,
said that the case grew out Of the arrest
oil Horner for selling liquor 10 minors, ana
the prisoners subsequently succeeded i'll
getting sullivan the states leading witness
to- % TO New York and remain until after
court.
The case will be continued this after
noon.
As soon as court convened Monday
afternoon William I, Hamilton was the
first witness called in the case OF the State
vs.. John j. liurner aud John /. Spring,
charged with spirtting away "A witness.
The witness WAS called tu testify to his
having served q subpoena on jeremiah SUI
Ivan, the witness who was spirited away
sullivan was then called 10 the stand
and detailed conversation he had with
John ]. llorncr. The latter said: .'liayc
YOU anything against Jim y
mo, ! haven't anything against him"
witness replied. "llow would you like
to make it easy for him. Witness
replied that he didn't know he
was under bail" Sullivan appointed
meeting with JohnJ J. Hurncrat Eighth and
kirkwood. Spring also was there. JohnJ.
Homer offered him SO to 60 away and
remain till after court, and added: "lf
"a 4 La mn re "a al
write to Jim or me and we will send 1t to
you"
Spring told the witness to meet him the
next evening at Eleventh and Church
streets. Witness kept the appointment,
Spring accompanied sullivan to the F.
W. X i. depot and handed him 50 to buy
ticket for New York. He gave him $50
additional, Witness bought ticket to
Philadelphia, where he remained two
hours, and then took q train for New York.
Witness received an anonymous mes
sage in New York, telling him to come to
this city, i'll Pursuance of which lie re-
turned. He was met by Detective MCNey
| who escorted him To the court house.
The witness was then crosseXumned by
Mr.. Ward for the defence. Counsel then
asked the witness whether he recollectGd a
| conversation he had with officer Charles
| H. Clayvilc At Eleventh and Church, when
the officer asked witness; sullivan heard
| Won had gone away Witness said, No,
| want to go away to Chicago. ! want to
| bleed Horncr ont of money enough
| to go way on
MIR. Nicholson objected to the admis-
| ability of the evidence irrcleyancy, The
| court ruled out the first question and
| allowed the second question, wherein it
was represented sullivan went To Clay
| villc's house and asked him to 90 with him
| to liurucr :, witness denied the allegation.
| Municipal Court Clerk ). 5, Adams. Jr.,
was called tuthe stand and Identified a re-
| cognizanCe taken in the court below in
| which Witness Sullivan obligated himself
| to appear ~ the September term of the
| general sessions court.
MIR. Ward objected to the reCogni2anCe
being offered N evidence on the ground
| that there is no mention of the municipal
| court clerk or the tribunal in the proceed
! ngs. The court allowed the reCogni1ance
to 20 in evidence.
Clerk of the Peace W. P. Biegs was
called to testify as to the date of the open
ing Of the November term Of court which
was the 2lst.
Clerk ) 5. Adams, Ir., was recalled and
identified the recOgnizahcc OF John j.
Homer. The state here rested
Mr.. Ward then arose and asked for the
dismissal of the defendants on the ground
that the material allegations in the indict.
meat aud the proof Offered IN the part OF
tile state are at variance, in that the wit
ness was designated rs jeremiah Sullivan
in the allegations, which according to tbs
witness own testimony his name was
jeremiah W. Sullivan.
The case Of the State VS.. John T. Spring
and John J. llorner charged with an at
tempt to ObStruct justice in spiriting away
u witness, was continued in general SEES
sions court Tuesday morning. Officer g
Ii. GiayYille testified to a conversation Ia
had with sullivan, the States chief wit
ness in the case, in which Sullivan statCC
that he intended to go to Chicago and WA
going to pull lIorner's leg for money
enough to 60 there with
MIR. Ward called q number of witncssc,
rs to character. The following testified a
: to the reputation Of John J. HUrner 70
honesty and fair dealing James Mcgary
james II. Beggs, Samuel Chambers, JOSEPH
| J.. Carpenter .lr, Harry II. WOOlmun
Francis ii. Bradley, Hugh Mcdonnell
The following sMare to the good reputa
, ton of John 7 spring: Francis II
! Lambert V. Nicholson, Police Captain
! Evans, Hugh Mcdonnell. This closed iii
4. testimony in the case.
E Deputy Acknowledgement Branch II
] Giles then began arguing for the state an
asked the Jury for a verdict of guilty.
: lie stated that the case was one of IN
. usual importance and direct interference
! with the administration of Justice III thi
q county. lie cUntcndci that the case was
u serious one, and the evidence cOnClusircl
y showed that there was an attempt on tn
It part Of the defendants to defeat the end
Z Uf Justice, lie asked for the conviction d
|, the prisoners in manner and form rs the
g stand indicted.
: Mr.. Ward cOntendcd that there was n
attempt on the part Of the witness (
hlped" the prisoners and that tue test
,n,l1v Of Sullivan had been shattered Is