Evening journal., 1895-11-22
MORAHAN GAVE BAIL
Grin mage Case Will Be Tried
In February.
TIE GRAND JURY DISCHARGED
william T. lyman Secured a continuance
OF the Case Against George A. Drake.
walter Nicholson Put ON Trial for
Driving on Sylvester d. Townsend's
Team.

Driving on Sylvester d. Townsend's
Team.
Thomas Devine received an old school
dose at the hands OF ihs Court Of Gen
eral S sslons yesterday afternoon, but It
was homeopathic to what Il would have
besn had be not withdrawn hIs plea Of
not guilty and substituted one Of
guilty
Devins Is the mau who merciles sly
assaulted and robbed John Wakenhut.
wAtohman At the Newport turnpike
crossing Of the w. & N railroad on
Osuober o.
Wskenhut, who is an old man, told
tho story OF the outrageous assault,
which was we'll nigh fatal TO him.
Devine told the court that drunken.
ness was his only excuse
Uhiof Justice Lore ssid that the court
would extend some degrees Of mercy 10
confederation o. the plea Of guilty, but
intimated that 1t was not sure that it
WAS not misspplying the quality which
10 not strained Devine was sentenced
TO pay $500 hne, stand 10 the
pillory Tor one hour, receive forty lsshes
and undergo lhree years imprisoumeut
yOus" be remarked TO some Of tho Wit
nceEes FOR the proieeution. as be Was
bsing lsd from the court room
Alo1 20 Davis was acquitted Of stealing
revolver from George Wilmington. Of
Eirkwood, the state Abandoning ths
csss there being no evidence OF ielonious
intent.
A true bill was found against George
a. Drake for obtaining money under
falee pretence This case involves ths
question Of what constitutes solid gold
Bills Of assault sRainst Thomas r
Murphy and Sidney Truitt were ignored.
Tbis morning John Biggs and Walter
Il. Hayes, counsel for John Morahan,
indicted for manslRughter for ths killing
Of Nathaniel Walls at the P w. l. b
station, appeared before the court and
offered any bail rtquil ed, the bondsmen
present being worth at least S75. 600 and
Wiling TO so the full amount They
we're John Doorden, John May and James
GAyley. The court accepted them and
Fixed the bail at $4,000 The case will
be tried to morrow.
Morahan was In court. he Is nice
looking young fellow and was we'll
dressed Immediately after signing the
bond be left the court room
The Oyer aud "erminer Jurors we're
discharged until tomorrow.
William T Lyman made motion for
continuance until February Of the case
Of the State vs George A Drake for
obtaiuing money under false pretenses
10 the sale Of a watch which be is
alleged to have represented to be solid
gold Ths continuance was granted and
franklin B Sidham went on the bond
Attorney General White Withdrew
from the hands Of the grand jury the
bill against the negro boy Grinnage for
numbering his grandmother, Hsrrlett
Lewis, near Glasgow. II Is the purpose
of the state to hold him for another term,
aud send the bill In then. The bill
against Francis NJ King, accused Of
embezz lsment, was also Withdrawn,
This action left the grand Jury with
netting TO do aud It reported the fact TO
the court After thsnkinR the Jurors and
lnstructing them to make a careful In
spection OF the all and slmshouse
between thfs and the February term. Snd d
report then, they we're discharged from
fur her attendance at this term
Walter Nicholson young white man
was put on trial for driving Of from
Whiteman'a stable, Ia this city, with
out the consent Of the owner. & mare
belonging to Sylvester d Townsend.
Attorney General White conducted The
prosecution, and Walter II hayes tn,
defense The mare ard carrisge were
found near Nicholson's mothers home II
Delaware county, Pa The animal was II
pretty bad shape from hard driving.
George O. Whltenan aud Charles
Thomas gave teltimony regarding th,
manner in which Nicholson got the team
BY means Of fraudulent statement, thl
pursuit and finding OF Nicholson and th,
team
Mr.. Townsend swors that he nevei
gave Nicholson permission TO get hiI
team. He did not know the man ,snt
never saw him.
Mr. Hayes demanded an acqnittal or
the ground that Whiteman, as Townsend
agent, had loapsd or hired the team {
Nicholson, who was so drunk that be
did not know anything about having the
team.
Nicholson, being sworn, said that his
home was In Bethel Township, Pa Il,
came to Wilmington and went to drink
ling. he drank until he was oblivious oi
ali surroundings He came In TO have {
little sport on SIS 80. aud when he cam,
TO only e7 cents remained When he
came TO he was lying IN the public ToRc
leading from Perry's Hotel, snd about
three miles from bis home. It was ther
| 9 clock IN the morning He theI
walked home How he got in the road
out there in ths country he could
Fnot say. for the last thai
he remembered he WAS at Front anc
Market streets, working up a royal jag.
When Whiteman aud Thomas drove up
to his mothers house they asked hsi
what he had done with the team he bad
borrowed. She asked him about It and
she did not know what they meant H'
went with them when they asked hin
to. and they treated him to a dlink Oh
the way down.
Mrs Lydia Nicholson corroborated he
sons testimony relative TO bis condition
and the circumstances attending TN
vssit OF WhitemSn and Thomas to he
house.
Mr.. Hayes-"Mrs. Nicholson, 4
Walter right 10 bis mino7'
81 don't think he Is when he is drink
ing"
rs be weak minded"
II have always thought him So The.
said that Walter hired ths team an,
paid for ID -