Evening journal., 1894-02-08


February &c.
The embezzlement case of the State vs..
Charles II Collins, was resumed lyester-
day afternoon Benjamin ]. Bowen was
recalled by the state and testified th at
the book was put in Collinss hands in
January 1893. and was kept by him
until May 30, 1898 He first noticed the
erasures when be was making his weekly
inspection. The state then rested.
MIR. Byrne, for the defense, requested
the court to instruct the jury to render
verdict of not guilty, because there
was no proof Of the duty Of the prisoner
to turn over the money collected.
1t could not be presumed that he had
fraudulently kept such money, as there
was no proof that there was contract
The court refused to give such instruc-
tions and Mr. Bryne went to the jury.
He denied that Collins wrongfully kept
auy money as there was a joint owner
ship of the fund he asserted that the
books were doctered by the prosecutors
and made up TO suit a case. At the time
of this alleged indebts duess, Collins was
entitled to a large sum of money which
the company owed him. The charge
against the prisoner was discharged.
The defense then attempted to put
In evidence a certified transcript Of
judgment obtained by Collins against the
Prudential Insurance Company, for
S15s &C. on January 10, 1894 This was
done to show that that there was a sub
sisting Indebtedness
Attorney General Nicholson objected
an the court sustained him. The de
fense thon closed without calling a
single witness 10 the stand.
Argument followed, and at its conclu-
sion the court postponed the charge
until this morning.
True Bnls Returned.
The grand jury returned the follow
ing true bills: Msnslaughter, Samuel
Gearley; receiving stolen goods, Martha
Duckery, colored, two charges larceny,
Thomas f. Barry and Robert Brown
carrying concealed a deadly weapon,
John Thomas The bill charging Charles
Bird with larceny was ignored.
Samuel Gearley pleaded not guilty to
killing Wal er Carthorn with brick at
Hartman & Fehrenbach's brewery, on
November "a CarthoTn died in Della.
ware Hospital on Dscsmber james R
Field was assigned as his counsel.
over 10 Ane may
John H. Rodney will make a motion at
this term for continuance until the May
term of the rule requiring the state TO
show cause why the sheriff's sale of Troop
B Armory shall not be set aside. As
soon as the Grand Lodge Of Colored Free
Masons pays the 81, 600 note the rule will
| doubtless be made absolute.
Chief Justice Lore charged the Collins
/ jury first thing this morning. The
charge was that If the prisoner kept back
the money as an Offset for money due
his act was lawful; or if he
forgot to make the credit, for
\ getfulness did not constitute embezzle
ment The fact that Collins WAS to re-
ceive fifteen per cent. OF the money col
| lected did rot constitute him a joint
owner. The jury must consider the in
tent. II satisfied thst Collins kept back
the money with fraudulent intent, the
jury must return R verdict of guilty
| otherwise, one of not guilty.
At lilo o'clock the Collins jury re
turned averdict Of not guilty and Collins
walked out Of the court room.
On motion of Levi Bird the damage
suit Of Riley VS. the B, & o Railroad
Company was set for trial on February 90
] " llllum IAlaulf a aFNNAt-ANoAAAiE NeAhANN
lad, who has been languishing in New
Castle Jail since Christmas. charged will
carving concealed deadly weapon
withdrew the plea of not guilty. Lewii
C Vandegrift, his counsel, asked fol
mercy on the ground Of previous goo'
character and a widowed mother. Tn
sentence was S25 aud costs.
johnson Used His knife.
Austin Harrington, representing
George. alias "Duckery" Johnson, with
drew the plea of not guilty OF assault
with intent to commit murder and en-
tered plea of guilty OF assault. Th'
state consented to the plea.
William Breckenridge colored thl
man assaulted was put on the stand
de said the fight occurred over gam
of cards. Johnson started off with hi
money. He demanded it and caugh
hold Of Johnson. The prisoner drew g
knife and cut him in four places, one Q
the cuts exposing the bowels He wa
in the hospital for about month.
Mr.. Harrington-"Wouldn't johnson
have left the room il you had not take
hold of him2'
, Breckenridge-"Yes, sab; but he'd
taken my money" daughter
DR.. John Palmer testified to the char
/. acter Of the wounds.
The court sentenced the prisoner t
: pay fine of 500 and be imprisoned 70
nine months.
I, DEM Got His Dates Mixed.
Walter Bacon informed the court tina
Benjamin Denn, against whom cspia
s | had been issued, had surrendered himsel
& TO the sheriff. The reason he did not az
: pear on Monday was becsu he though
court did not meet until next Monday
: Denn was arraigped Of assault wit
> intent to commit murder upon John w
4 Hsyes and with pointing gun. II
/ pleaded not guilty to bot h charges.
Messrs. Bacon and Hayes asked fC
/ time to prepare for the trial, the latte
| saying be had ouly been retained te
minutes before. Trial was set for Il
morrow morning at 10 o'clock.
| Sentence But No Appearance.
Harry Emmnns, counsel for Seligma
Weyle, entered plea OF guilty of frauo
ulently advertising goods, al
offered to pay the fine of $40
he being WeJ les bondsman. The accuse
l MAJ, WAS not in court being q mol