Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-15


day afternoon the case of the State VS..
Charles ii. Collins, indicted for embez-
cling S4S3 from the Prudential Life
Insurance Company of America, occu-
pied the attention of the court and jury.
Benjamin j. Bowen, assistant supcrin-
tendent of the company, was recalled
and testified that he first noticed the
erasures in Collins account book while
he was making weekly inspection.
The plaintiff rested after calling Bowen
a 10 the stand. a....
The court refused to instruct the jury
TO acquit the prisoner.
After argumenG on the part Of counsel
the case went over until morning.
The grand jury returned the follow
ing true bills; Manslaughter, Samuel
Gearly; receiving stolen goods, two
charges, Martha Duckery; larceny,
Thomas #. Barry, Robert Brown; carry
ing concealed deadly. weapon, James
Thomas. The bill for larceny against
Charles Bird was ignored.
On Thursday morning the Chief
Justice charged the jury in the case of
the State VS.. John Collins, indicted tor
ambezzling the sum of $4.S3 from the
Prudential Life Insurance Company of
America. 1t required one hour for the
jury to determine that Collins was not
guilty, and then he was released from
custody.
Attorney General Nicholson called
the case of Moses Frisby, indicted for
carrying concealed deadly weapons.
Lewis q, Vandegrift, counsel for the
accused, stated that he desired to with
draw the plea of not guilty and enter
one Of guilty. He asked for clemency
on the ground that Frisby had previ-
ously borne good character. The
court imposed fine of $25 and costs.
Duckery johnson was indicted for
assault with intent to murder William
Breckenridge, colored, December 22d.
His counsel, eX-Mayor Harrington,
withdrew the plea of not guilty and
entered one of guilty of assault only,
which plea the State accepted. Breck-
enridge was then placed on the stand.
He swore that he and johnson were
playing cards in u house on Greeley
street, In the "Hoodle." After the game
was fairly under way Johnson picked
up thes"pot' and started TO make away
with it,when Breckenridge demonstrated
and johnson slashed him with a razor.
Under cross-examination the witness
said he took hold of johnson when he
started to leave the house and during
the fight which ensued the cutting oc-
Cured.
"Would he have gone on out of the
house, if you hadn't taken hold of
him 7" asked Mr.. Harrington.
''Yes; but he would have done gone
out with my money" Breckenride re-
piled.
DR.. John Palmer testified that he made
an examination Breckenridge's injuries
and found three severe wounds, one
being on the side, second under the
arm and the third on the shoulder
The Chief Justice in passing sentence
said the prisoner had acted very wisely
In pleading guilty, as the promiscuous
welding of knives and razors was dan.
gerous and the court proposed to break
1t up. The prisoner was sentenced to
nine months imprisonment.
The next case was that of Seligman
Wild, indicted for violation of chapter
B6l, Vol. XVIII, Laws Of Delaware, by
advertising bogus sale of goods. The
prisoner is a nonresident Of the State
and is out on bail. His bondsman was
Harry Emmons. The latter entered a
plea of guilty to the charge. lie asked
that sentence be imposed in the pri.
soner's absence. The court said that
while this was rather an unusual custom,
still it was permissible by the statute in
the case of a misdemeanor and the court
would therefore pass sentence in the
prisoners absence. He was fined 300
and costs.
Walter H. Hayes, counsel for Levi
Gibson, colored, indicted for assault
with intent to murder Josephine Landy,
stated that he desired to withdraw a
plea of not guilty and would enter a
plea of guilty.
Mr.. Nicholson stated that the injuries
inflicted by Gibson were permanent and
Miss Landy was unable to remember
the circumstances of the assault which
occurred at Newport on the evening of
December 10Th, or the causes which led
up to it.
State Detective Bernard ]. McVey
testified that he and Detective Witsil
obtained from Gibson complete con-
fession at the Elkton Jail.
DR.. Egmont Negendank of the staff
of the Homeopathic Hospital, said that
Miss Landy was admitted to that insti-
tuition on the morning of December
18th. She was suffering from concus-
sion of the brain and remained uncon-
scious at the hospital for period of
three weeks.
The prosecuting witness was then
called to the stand. She was accom-
panied by her aged mother, respecta.
Bile looking colored woman of Baltimore
There was commotion in the court
room when the coiored school teacher
took the stand. Her appearance created
a favorable impression. She wore pair
OF gold eyeglasses and her head was
swathed in bandages. Her memory was
a complete blank as far as the assault
was concerned, and with difficulty she
was able to recognize the prisoner at the
par. After giving her testimony she
was led away from the court room
marked with permanent injuries.
GIBSON GETS FIVE YEARS.
Levi Gibson, stand up" the Chief
4ustice said. you have been indicted
for assault with intent TO commit muir
der, have you anything TO say in ex-
tenuation OF your crime" /"
mo sir" was the prisoners response.
The court then told Gibson that the
assault was one of the most heartless,
cruel and unmanly crimes ever brought
% Its attention, and continuing, said:
sIhe man who will strike woman
lacks all the elements of manhood. You
should thank your Creator and not your
own recklessness that You are not now
on trial for your life. We propose to i'm
pose the seyerest penalty under the