Evening journal., 1896-11-17
BARN BURNER
Dineen Pleads Not Guilty to
Firing Property.
MANY TRIALS BY JURY TODAY.
LAWYER SPRINGER SUCCEEDS IN
CLEARING A MAN OF ATTEMPT
ED RAPE-COLORED GEORGE
sMALLWOOD CLEARS HIMSELF
OF ASSAULT AND BATTERY.

ED RAPE-COLORED GEORGE
SMALLWOOD CLEARS HIMSELF
OF ASSAULT AND BATTERY.
The Court Of General Sessions and Of
the Peace and Jail Delivery is now ac-
lively engaged in the pressing business
of the November term. II IS possible
that day will be lost this week, when
the judges must go to Dover to hear
the election protest cases pending there,
In which case they must adjourn In
New Castle county from Wednesday
afternoon TO Friday morning.
CASES YESTERDAY AFTERNOON
Upon reconvening at 2.3O yesterday
afternoon court went over the trial list
to ascertain what causes could be tried
at this term Forty were marked for
trial and twenty-eight were passed
some of which may also be set for trial
on Wednesday, when the list will be
gone over again. Two cases were re-
ferred and three were discontinued.
James Trusty, for stealing a rug from
Ada Winters, pleaded not guilty:
Charles Dougherty, stealing four quarts
OF whiskey from John MalOney, guilty;
Edward Gibbons. larceny, not guilty;
George Smallwood, colored, assault
and battery, not guilty.
Richard Darragh, an old man, pleaded
guilty to stealing an umbrella Judge
Cullen asked him II II was raining
when he stole the umbrella, and Dar-
ragh replied that Il was. He was SEN
fenced to ten days, where the rain can
not get at him.
Thomas Bennett was unable to em-
ploy counsel to defend him from the
charge Of assault with intent to COM
NIT rape upon Mary u. Dickey. IN
White Clay Creek hundred, and Il. b.
T. Springer was assigned to his de-
fence.
Congressman-elect L. Irving Handy
occupied a seat upon the bench as a
guest OF the court. Superior Court will
meet tomorrow afternoon at 23O
o'clock TO hear applications for special
luries. Seventy-eight applicants for
liquor licenses appeared yesterday and
swore to their applications.
PROCEEDINGS OF TO-DAY.
The court room was considerably
cleared out by an announcement from
the encouragement that all the Wit
nesses in the election cases were dis
charged until o'clock this evening.
Charles Dougherty, "a years old, was
sentenced TO ten days Imprisonment
for stealing four quarts Of whiskey. His
defence was that he was intoxicated al
the time. OFFICER George Lucas CAV,
MN a good reputation, and the court
warned him against drinking.
TRIED FOR ATTEMPTED RAPE.
The case OF Thomas Bennett was
placed before the first jury. and E. B. r.
! Springer appeared in his defence. Ben
nett was indicted for assault with in
tent TO commit rape upon Mary T..
Dickey, OF stanton, White Clay Creek
hundred
Mrs. Dickey detailed how the tramp
called at her house on August 20 and
asked for something to eat. She re-
quired him to cut some wood for his
breakfast. Upon going down to the
spring-house for some lard, the tramp
seized her and threw her down, pro-
ceeding al once TO disarrange her
clothing. She attempted to cry, but the
tramp clutched her throat, and she had
TO fight free to cry out for help. That
frightened him away.
Constable Henry G. Hopkins testified
70 arresting the man, and he admitted
having become angry and pushed the
woman out OF the door.
Thomas Bennett, the prisoner, swore
that he was a sailor and attempted 20
ride on freight train from the port of
New York to the port OF Baltimore but
was put of the train at the West Yard
and proceeded thence by road. He APP
lied at the Dickey house for bread be-
ing very hungry. and was Obliged TO
cut wood for his breakfast Mrs. Dickey
came out and complained that he had
not worked enough and this angered
him. He pushed her out of the door
and walked off the farm.
Both sides addressed the Jury al
length. Mr.. Springer urged that his
client be acquitted OF the intent to
commit rape, as he had only thrust the
woman out OF the doorway I'm an angry
passion. Attorney-G General White eau
toned the jury upon putting too much
credence upon the story OF a tramp
much less one accused Of a very serious
offense.
After being out thirty minutes the
Bennett jury returned a verdict OF
guilty of assault only, much to the de-
light OF counsel for defence, who had
only the prisoners testimony to work
upon. Judge Cullen sentenced Bennett
to pay fine of 800 and to be impris-
oned one month, defendant having
been in Jail since August 20.
CONVICTED OF STEALING A RUG.
James Trusty was put on trial for
stealing a rug from Ada Winters on
October 9. Francis Harrington swore
to seeing Trusty take the rug from the
yard of the Winters house and make
away with it. Ada Winters said her
rug was worth Sl.5O. and she never re-
covered II after her woman had placed
it on the clothes-line. Sergeant Shields
and Officer Shields testified TO circum-
stances of the mans arrest.
Judge Marvel instructed Trusty
about conducting his own offense, but
the negro persisted in having contro-
versies with the judge and Ada Win
ters. His jury found him guilty, and
Judge Marvel sentenced him to be
whipped with fifteen lashes, pay SO res
titutiOn money and be imprisoned three
months. When sentenced to be whip
t..N