Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-02-07


stealing u role of cloth from George II
ASH Monday afternoon aud who was sen
fenced to be logged with 10 lashes. Judge
uieh informed Mr.. Conrad that he would
nave TO appeal othe Governor to have the
CORPORAL punishment RENTED.
Jury was drawn to try Samuel Harris
eoIoftd, charged with stealing a lot Of
tnols aud betting from the Diamond State
ron Co. Christopher l.. Ward appeared
Tor me state The negro was not repre-
sehted by counsel. Jacob L. Lewis tcsti-
ned That he found the tools and identified
thein as belonging to the company
John Moran, Il inachinist, said he saw
me tools which Harris had taken aud
Identified them as the company's property.
ms witness said the prisoner acknowl-
edged he had taken the tools.
Harris asked the witness whether lie
had not borrowed tools from the firm and
Moran replied that hu had. No one OBJ
1ecluu 70 Harris taking the tools. y
walter Griffith said Harris told him he
'uid not intend to bring the tools baqk.
lhesprlsoner went OH the stand and said
ne hau been working for the Diamond
state Iron TO. He said Il was riz by a
white man. My mother left me WITH a
White man when was TWO months old. |
never asked for anything from the COM
pany that was not lent me by the firm.
never took anything but a screw-clamp
without asking for 1t. am So years old
ana nave 10 be charged with stealing At
this stage of my life. am not guilty,
gentlemen. | never took anything In nv
lie that did not belong to me. II there Is
anyone, white or black. that can say [
ever sassed' him without cause, let him
stand before me or forever hold his peace
Ashley lR9un and nauiI
ployes Of the Diamond State Co., said they
mad known Harris five years and believe
MN TO be trustworthy. Bonner said
Harris bad served as helper and he
always found the prisoner polite and
ready to do whatever ho was asked to per-
form.
Judge Cnllen in dscharging the Jury.
said that il they found the Diamond State
iron Co. were in the habit OF loaning their
Tools to workmen and the prisoner did not
take them away feloniously with intent to
deprive the owner OF their use, the verdict
should be for the defendant. Otherwise
the verdict should be one OF guilty in
manner and form as indicted.
The Jury, after ~ minutes deliberation,
returned verdict of not guilty The
Court discharged Harris. but tDid him not
TO bother with any more tools.
Henry Trustey Was indicted for stealing
" svhA hiih Ntsb ltOll JOllu IDlD5kl. lie
said he was guilty Of having the garments
in his possession, but he was not guilty of
larceny.
Court adjourned until $50 o'clock.
AS soon as court convened Tuesday
afternoon Josiah Marvel Withdrew the
pleas OF not guilty in the cases of Alfred
spencer, Thomas, alias "Dunk' RILEY,
charged with burglariously entering the
house Of Stilman A. Hodgman in the
night time and pleaded guilty TO the
charge OF larceny. Attorney. general
Nicholson accepted the plea and the
prisoners stood up for sentence. Riley
got nine months Imprisonment and 10
ashes Mr.. Marvel called State Detective
McVey, who testified to the previous good
character OF Spencer and he escaped with
six months imprisonment and 10 blows
of the "eat."
Henry Trusty, colored. was tried for
stealing coat and vest from John
Tob0Iski, . Front.str clothing vender,
on November 23d. He pleaded not guilty
to the charge. Christopher l.. Ward up
peared for the State and prosecuted Trusty.
TubolSki testified that rrusty came to his
shop, No. 4 East Front street, took the
coat and vest off nail and started off with
them. John GregOr overhauled Trusty
and brought him back with The stolen
property. Policeman Lyons said he ar
rested Trusty:
Trusty took the stand and swore that be
went In the store at the invitation of
ToDolski and while in there one of the
Poles took the coat and vest down from
the nail, wrapped II in some paper and
placed it under the prisoners coat. Mean
time, some one went for the doctor. Trusty
said he took the coat and threw it on the
iioor, but the Pole picked 1t up and put it
under bis (Trusty's) coat again. He said it
must be there when the officer came. They
told him il he tried to get away they
would murder him.
In reply to the question of Mr.. Ward as
to how much liquor he had drank the
night Of the alleged robbery, Trusty re-.
piled, "Oh, a quart or So" The Jury con-
victed him after an hours elaboration.
He was sentenced to two months impris.
onment.
The case Of James 2. McElroy, charged
with assault with intent to murder Bernard
Farren, has been continued until the May
term, OH account of the illness OF Francis
ii. H0ffecker, attorney for McElroy.
Silas Y. Garrett, who pleaded guilty to
enbe2zling $500 from the Baltimore &,
Ohio Railroad Co. at KiamensI, was sur.
rendered by his bondsninn to the court.
He entered plea Of guilty to the charge.
He bad previously made written confess
sion to the American Surety Co. of Balti-
more which was submitted to Attorney
General Nicholson. He said he had used
the money to support his wife and children
and fully expected to pay 1t back again.
lie was sentenced TO three months i'm
prisonment.
George Rodding, colorcd. charged with
carrying concealed u deadly weapon. Will
not be tried. Death has relieved him of
imprisonment.
The cold snap did not materially de-
plete the attendance in superior court
Wednesday and if anything the court
room attendance was larger than on
any previous day for some time past.
This was probably due tc the announce,
ment that the election cases would be
called up on this day. Attorney-gcn-
eral Nicholson, who said the infraction
Of the election laws would be ventilated
kept his word, and soon after court
convened began the calling of witnesses
who will testify during the trial. "a
Walter Ii. Hayes, who represents tnc
majority Of the defendants under fire
for election Irregularities, said that some
of his witnesses were absent. He asked
for attachments for Hugh Lynch, Robert
McCaddeu and John Solomon. They
were placed In the hands OF the sheriff
and no dispatched u deputy for the
missing witnesses.
HOWARD CALDWELL FIRST.
Howard Caldwell, colored, is charged
with Illegal registration In the First dis
trlct, First ward, and Sixth district,
Sixth ward. The following jury was
drawn to try the negro: Robert Nc
Laughlin, Stephen Bryan, George II.
Handy, Nathaniel Armstrong, John G.
johnson, Thomas S. Dixon, Robert
Hawthprne John Moore. Rohert w