Evening journal., 1894-09-19

He was helped out by juror aud ex
Chief Of Police Francis The court seemed
to think that they put too high an
estimate upon his dangerous character
Gooseberry is the boy who jumped from
Delaware division train while the
constable was taking him to New Castle
jail.
Smith Was His. Own Lawyer.
The lawyer-llke manner In which John
Il Smi b, colored, conducted his defense,
created great deal Of amusement. He
was charged with stealing q silver watch
and revolver from Frank Boyle. a
White Clay Creek hundred colored man.
The theft was committed on July The
state was represented ~by Arthur
w Spruance.
Boyle took the stand. He said that
the articles were stolen from his house
The prisoner put him through rigid
aud amusing cross examination.
Elizabeth Jsrr0ll, white woman
testified that she bought the watch
from the prisoner
Constable Andrew ]. Mote testified to
making the arrest.
Smith then took the stand In his own
behalf and made speech which brought
| down the house He denied the theft,
and In accounting for the similarity
between himself and the negro who
stole the goods, said
"The cullud race is similar to the
| Chinese. You 60 out here to the front
door and you see Sam Wan Lee, and
taen you 60 back here to the back door
and you see Sam Won Lee. You think
they'zs but they haint. l only has
to say to you gem'men OF
/ jury, as Christ said to the Lord when be
was on the cross; Into thy hands com
mend my spirit ! commend this here
case to you honorable gem men of this
| jury and to you honorable gem'm o.
the court. Into your honorable hands
Ii recommend this case TO you and Coo
above, and that is all | have to So,
about it
His speech was greeted with applause
which the court quickly silenced. Th
juryswss briefly charged by Judge Cullei
and retired la a few minutes 1t returned
with verdict of guilty
Smith was then sentenced to pay costs
50 restitution money, be whipped wit
twenty. lashes and imprisoned for min
months
There being no other jury cases read
the attorney general took up the desei
tion case Of Emma Donahoe VS.. Denni
Donahoe, a plumbers assistant VIII
formerly lived at Forty Acres" Sh
sued him for desertion aud non. support
Donahoe was represented by John 4
Bradford
Mrs Donahoe made statement to th
effect that they were married in February
1898 and the fruit Of the marriage wa
one child. For several months be
husband had failed TO support her.
Under cross examination she sal
that her husband knocked her down
She destroyed some of the househol
furniture aud left home, leaving
, note asking him to send her clothes
her He afterwards went to hers an
, | asked her to return She admitted ha'
| ing struck him several times and throV
ing q rocking chair at him, but modest
stated that it was q small one, and 81
\ had great provocation for the act
Donahoe took the stand in his ON
I | defense His testimony went TO sho
that his wife had an ungovernab
! temper and was not easily satisfied vii
| the surroundings which he gave ne
. She put her wedding ring on the fo
( and stamped 1t so hard that it hrok
She kicked him and called him
Z bum, broke an umbrella over
( head, threw rocking chair at him al
he knocked her senseless and carried b
upstairs Oa another occasion she b
4 him In the face with a chunk of brea
: tore up bis shirts and otherwise abus
s him.
Judge Cullen said there should
9 some corroborative testimony, and II
q simply the wife against the husband al
4 the husband against the wife.
Further hearing was postponed mt
q 9. 80 this afternoon, when Mrs. Donahce
n mother will take the stand.
, Prisoners Pat In Their Pleas.
d The grand jury returned the followiI
true bills: Michael f. Cerche, embezzb
, ment; Samuel Williams. John .Hanh
n Bayard Douglass, Henry Robinso
: Thomas Mitchell, George Diller al
= Alfred Gross, larceny; Julia and Rsub
d Anderson, resisting public officer.
Handy Robinson and Julia at
g Reuben Anderson pleaded not guilt
I Gross and Douglass pleaded guilty.
}, Sentence was deferred until ii
d afternoon
Is WIN True Bill BE Found2
The case Of Albert Stout accused
the murder of Katie Dugan, will
r. taken up by the grand jury this aft
a noon Only the state witnesses will
i heard.
q The civil suit OF Louis Frankel
" James s. Melvin, OF Laurel. will be trl
d on Thursday, September o.