Evening journal., 1894-02-06
The chief justice, in passing sentence.

sentence of the court is that
you forfeit aud pay a ine
Of $500; that on Saturday, February
"A. you stand in pillory for one hour be
imprisoned for six months and pay costs
of prosecution"
Story of MuIderous Assault.
William Carroll was called to the
stand and told the story of John Leary's
murderous assault upon him in his saloon
on Shipley street. He withdrew
his plea of not guilty and
pleaded guilty of simple assault.
Leary, who was attired in a light suit,
and wore gold eyeglasses, listened at
tentively to the recital.
At its conclusion +. r. Cochran, Jr
counsel, put the prisoner on the stand,
and he told his side of the assault, laying
some blame on Carroll. He said he cut
him in self defense
Captain Chambers testified to the
location of the saloon.
The prisoner was given three months
imprisonment.
John Parsons, oolored, who pleaded
not guilty TO carrying concealed
deadly weapon, was surrounded by his
surety and placed in the care OF the
sheriff.
Pleas Entered by Prisoners.
The following pleas were entered by
prisoners against whom true bills had
been found by the grand jury during the
morning:
Morris Gooding, larceny Of horse,
robe and clothing, property of Leslie G
Walker, guilty TO three charges.
Tillmsn Wilson, colored, larceny Of
shoes, guilty.
Charles Lenderman and William
Powell, larceny Of a gun and watch from
J. Psrke Postles, not guilty.
Maggie McManus and Joseph Sweeney,
larceny of black and striped sateen,
| property OF the Joseph Bancroft & Sons
Company, not guilty. David Cunning
ham, their companion, is now in Media
jail
John Quinn, larceny of $i5, from John
M Newell, not guilty.
The grand jury found a true bill OF
assault with intent to commit murder
against Levi Gibson
Ga motion Of City Solicitor Elliott and
Peter l. Cooper, Jr, hearing of argu-
ment on the case stated of William
II. Lee avs. the Mayor and Council
of Wilmington was fixed for February
"a Mr.. Lee sues the city for salary as
secretary of the Board Of Health The
case rests upon the construction Of q
statute.
Lee was forclbly elected from tb,
Office Of secretary by the Republicans
and brought suit TO recover salary
amounting to 81. 100 The stated case
will settle the matter of the city'i
liability.
Levi c. Birds Position.
The cases Of John Marr, assignee Of J
Frank Ruth, VS.. the Granite State In
surance Company. the Pennsylvania In
surance Company and the Lumbermani
Insurance Company, was brought up b,
George u Bates and James Il. HoiieckeT
Jr.
At the November term, MI. Bird OBJ
tanned leave to withdraw from the case
and did so. He represented the com
panies. They failed to pay any attention
to the matter, and Mr. Hoffecker, repre-
senting the plaintiff, moved fol
judgment which was obtained
This morning the defendants, through
Mr.. Bates claimed that they never hsC
any notice from Mr.. Bird and that the,
never authorized him to represent then
in the first instance. That by reason o
his withdrawal so short time befor,
the entry Of the judgments they wer,
not able to procure other lcounse
in time to defend the action
This morning they asked the court fol
rule on the plaintiff to show cause WHY
the judgments shall not be opened, theii
default Of appearance taken of and they
, be allowed to defend the action. It wal
{ granted and the matter will probably
be argued on Saturday.
Il is understood that these are thre,
out of seven suits which were brought
, against seven different insurance com
Z psnies Mr. Marr as the crt ditor Of
4 Frank Ruth, formerly Of this city, hell
J the insurance policies by way of collRt
ersl assignment Three OF the defend
D ants were represented by Messrs Brad
20 ford and Vandegrift, and four b.
| Messrs. Bird and Sanborn rep
resentative OF all sevsn Of the com
| panies was sent here after the Ere whic
q destroyed Ruths planning mill, on Kin
A street below Second. He adjusted tn
losses and agreed upon the amount du
from each company Suit was brought
the companies declining TO pa
s until compelled to. Mr.. Bird receive
4 authority from a law firm in PhilRdel
phia who represented the four com
d panies. In due course Of time the basi
q of settlement was reached and one Of Oh
3 four companies represented by Mr. Bir
= paid the amount agreed upon. At the SCI
q Element the other three companies took th
, position that they had never authorize
a any settlement or any appearance, al
L that the firm Of Philadelphia attorney
!. had no authority to place their busine;
!, in the hands of Mr. Bird or any other a
!. tOrDey.
s Charles Egentemayer, German, WI
I naturalizsd. E. r. Cochran, Jr.. repr
4 sented him.
d LycOming Cases Dropped.
}, All the cases of the Lycoming Fl
, Insurance Company, use of John
?, Beeber, receiver, VS., Delaware polio
!; holders have been dropped by J. Alexar
3 der Fulton. counsel for the receive
a Mr.. Fulton paid the costs. The acti'
y was taken at the instance of the receive
8; who was here on January %.
=, Buckery Johnson, accused of assau
70 upon with intent to murder Villa
in Breckenridge, in the Hoodle, pleaded n
~ guilty and Austin Harrington was q