Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-08

Attorney General Nicholson for the
State, commended that the weapon was
carried in the pocket ready for use and
was a deadly weapon.
Judge Cullen charged the Jury. He
said there was special provision of
the act Of assembly under which man
could be convicted for carrying CON
cealed deadly weapon. He said it
was necessary to prove that he carried
q deadly weapon, and 1t is encumbent
upon the defence to show that the
weapon is not carried as deadly
weapon. A mere prima facie case is
not sufficient proof. II q iuryman
living in the country, when coming to
town brought with him razor to get it
sharpened and was arrested he could
not be convicted. AS if a iurymsn
purchased in the city revolver 10 take
to his home and was arrested he would
not be guilty of carrying a deadly
weapon, In other words the State
must prove that the weapon was carried
in violation of the statute and as a
deadly weapon.
II the jury has reasonable doubt as
to the intention of the prisoner to carry
deadly weapon the prisoner should lie
given the benefit of the doubt.
The jury retired at 400 o'clock and at
435 O'Clock returned verdict of guilty
He was fined $25.
A jury WAS drawn TO try the case of the
State VS.. William Powell, charged with
stealing gun and II watch from General
j. Parke Postles on December 18th Inst.
The prisoner was arrested by State
Detectives McVey and Witsil on the
day of the robbery.
The witness said that Powell pleaded
guilty at the office of the justice of the
peace.
Captain Kane testified to the confess
sion of Powell.
The latter was then place on the
stand. He said he went with Charles
Lenderman and boy named Mitchell
to obtain the goods.
The jury convicted Powell without
leaving the box.
Powell was given six months and 10
lashes.
Charles Lenderman who pleaded
guilty, received six months but no lashes.
In the superior court Willard Sauls-
bury asked for continuance of the
case Of Mills VS.. the Wilmington City
Railway Company on the ground Of alb
sence Of material witnesses. William
| 5. llilles, who represents the plaintiff,
interposed no objection to continuance.
In the foreign attachment case of
Paryus, Williams d. Co. VS.. Samuel G.
Rothwell, John Biggs asked the court to
investigate the matter and Saturday
next was fixed as the time for arguing
the case.
Yesterday morning, Levi Gibson, coll
ored, was arraigned, He is indicted for
assault with intent to murder Josephine
Landy, colored school teacher at New
| port, on the night of December 18th.
| The couple had attended an Egyptian
cantata at the colored mission, and on
the way home Gibson knocked her
| down with his fist and then fractured
her skull by stamping ,her with his foot.
The woman lay unconscious in the foot
path until discovered by some colored
Masons, returning from lodge, and
carried to her boarding house. The
womans home is in Baltimore.
Gibson fed after the commission of
'the crime and was arrested in Elkton,
Nd, and remanded to Jail where State
| detectives Witsil and Money shrewdly
obtained from him a confession of the
crime. He was brought to this city on
arequisition from the governor of Mary
land and Wednesday last was taken
hefore Justice Frank Z. Smith, where
he was held in the sum of $500 bail for
trial.
He entered a plea of not guilty when
arraigned yesterday and Walter H.
Hayes was assigned as counsel in the
case.
A NEGRO INcENDIARY.
John Smittox, vicIous-lo locking negro,
was indicted for burning the stables of
Alonzo Whittock, near Odessa, on the
night Of January 9Th last. Twelve head
of horses and is head of COWS persisted
in the flames. Smittox was discharged
by Whlttock for using vile language in
the stable on Sunday morning. The
following night the stables were fired.
Suspicion at once fell upon the negro,
who was arrested by State Detectives
Witsil and Money and Constable
Duhadaway, to whom he confessed the
crime.
HAD NOTHING TO SAY.
Smittox pleaded guilty when ar.
raigned. When asked if he had any
thing to,say in extenuation of the in
famous crime, the negro replied that he
had not
A DIABoLrCAL CRIME.
The Chief Justice told the prisoner
that be was guilty of one of the most
diabolical, cold blooded crimes that had
been brought to the attention of the
court for some time. The crime showed
such wantonness and viciousness of
heart than the court felt constrained to
impose the full penalty under the statute.
The prisoner was therefore sentenced
to pay a fine of $500 and costs of prose-
cution, $4,000 restitution money, stand
one hour in the pillory, be whipped
with 20 lashes and undergo six years
imprisonment.
CHARGED WITH ENCOURAGEMENT.
A jury was drawn to try the case of
the State VS.. John Collins, or Collier.
charged with embezzling funds of the
Prudential Life Insurance Company, a
corporation of the State of New Jersey,
aud operating in Delaware and other
States Attorney General Nicholson ap-
peared for the State and Fl. H. Ward |
and William NJ. Byrne for the defence.
FAILED TO TURN OVER HIS COLLECTIONS.
Benjamin J. Bowen, assistant SUPER
intendent of the company, testified that |
Collins was employed as an agent of |
the company on January 10Th, 1892, |
and his business was to solicit insurance. |
The witness said that the prisoner had |
collected the sum of S12.s4 from Mrs. |
Sarah Lee, and had turned in only
$7.97, leaving balance of $4.97 due the |
company. He received commission