The Wilmington daily Republican., 1895-05-08
IN CRIMINAL COURT.
The Jury In the McEIray Case Gees 0ut.
Bob" Aliens Sentence.


'Bob" Aliens Sentence.
The case OF the state We. John P. Nc.
Elroy was resumed In County Court yes.
terday afternoon by the calling OF William
Herdman. The witness testified to seeing
the quarrel between the men In the saloon
and heard bystander make the remark
to McElroy that he should not strike
man with brick. McElroy replied that
he would, Further testimony along the
line of what some one else said or saw
was considered Irrelevant and ruled OUT
by the court. Attorney General Nlchol.
son obJectlng to Its going in as evidence
With the witness Mr. Nicholson closed
his case.
MIR. Woolley began the defence by lay.
Ing the ground for discharge of the
prisoner on the ground that the assault
was committed after Farron had first as {.
saulted the prisoner, thereby making the
assault as committed, In defense of the
prisoners own life. The defendant at.
torney contended that Farron was large
and powerful man, and that as means
Of defense. McElroy had to use other
than ilstlc force.
He called as his first witness Richard
Roe who testified to being in the saloon
the evening of December 22nd and having
quarrelled with two Swedes whom AlcFll.
roy, who Is his brother-in-law reproached
him Tor his conduct. Later Farron inter.
ferred and the fight followed. Farron iirst
striking blow as the men were leaving
the saloon, 0n the pavement scuills
Followed and when the pair reached the
south side of the street FdrroE again
struck the prisoner which blow felled
him. 1t was then McElroy hurled the
brick.
This testimony was corroborated by Eli
G. Griffith and Alfred Wlugate. McElroy
was sworn aud testiiied that the affair was
exactly ns Roe had related. Whore he fell
the mn N a no
took the brick which he hurled at Ne
Elroy. Ito did not know the brick had
struck his assailant until. live minutes
afterwnrd, Mr.. Woolley then closed his
case.
After carefully weighing the testimony
OF the Witnesses Tor tho defense, Mr..
Nicholson Withdrew the charge of mar-
derous assault and asked the jury for u
verdict OF common assault, but this pro.
ccedlng wns not entirely satisfactory To
MIR. Wuolley anu he argued that the prts.
oner WAS not guilt of even common as
saultt tho assault being In self defense
he was innocent OF any breach oI tho
peace. llc argued at length AMI was fol.
lowed by Mr. Nicholson. The jury was
out when court adjourned
'BoB' ALIENS S NrENcE.
The heaviest sentence imposed upon any
culprit llis term was that which Robert
Alien received. Bob" is a notorious col.
ored individual, spending most of hla time
In the jail at Now Castle. This tlmo he
was charged with the larceny OF harness
from Thomas Alaln and John Webster,
Erandywine Hundred farmers.
tie was not represented by counsel but
pleaded his own case, assuring the court
that upon his release he wonld become a
better man. But tho court deemed the
only lesson to ltobcrL would DO term OF
Imprisonment aud accordingly sentenced
him on the liTst count to two years i'm
prisonment and be whipped with 10 iushes
and upon the second to serve one year
and a like corporal punishment.
RoLeft Jellerls. young colored man
did not fare 50 badly as the man who
Htood at his eide Robert also was tndct-
ell for stealing harness fIom Thomas W.
DcCiary, but as his previous good cnar.
aeler was establl, he'd, he got oil with
sentence uf one months imprisonment,
aud tile payment Of restitution money to
tho amount OF f2DJ0
Henry lr6ns, culured. pleaded guilty to
stealing shirt valued at 50 eeuts from
kashuei G0ldate,n Ii was fenry's iirst
oiiense also uad lie waa given uns month
IN jail
Howard Anders 10 year old colared
boy pleaded guilty to the Indictment
charging him with larceny, and Melinda
JaCobs also cOlolad. to ike Indictment.
Julius Anders pleaded not guilty to the
indictment charging him with chicken
steahng. The grand Jury returned trial
bills against Emil Irusty, Nellie Fields
James Irusty and Harry Mason for lar.
ccny and Samuel Black Tor gambling
The till against Samuel J. Stanley was
Ignored.