Delaware gazette and state journal., 1896-02-13

the State.
After being out short time the jury
returned with verdict of guilty and a
recommendation 10 mercy. The Court
sentenced him to stand one bour in the
pillory, to be whipped with 20 lashes
and to be imprisoned IL months.
A jury was drawn to try John Burke
on the charge Of larceny Of coat, the
property of William L. Gates. After
hearing several witnesses the case was
submitted without argument The
jury returned verdict of guilty and
recommended Burke to the mercy of
the court. you've been here before,
haven't your" asked Judge Cullen, be-
fore pronouncing sentence, which was
that Burke be whipped with 20 lashes,
and be imprisoned two years.
Josiah Marvel, counsel for Eugene
Burns, alias Brown, withdrew the plea
OF not guilty Of assault with intent to
kill and entered plea of guilty of as
eault The plea was accepted by the
State. The New Castle police officer,
Matthew Tobin, at whom Burns fired
two shots December I'd, told the story
of the affair. Deputy Attorney General
Cooper said that they had reason to be-
iieve that the prisoner was one of
gang that had been committing bur
glary throughout the State. The Court
came down hard on Burns in pronounce
ing its Judgment, and sentenced him to
pay fine of $500 and be imprisoned
two years.
The grand jury brought in one in
dictment and was discharged until
Monday moning.
Joseph Clark, colored. pleaded
4,,ilt,, fr. Nha of ok ksaIK
longing to Thomas +. Moore The
Court sentenced him to receive five
lashes and he imprisoned three months
T.. II. Cochran, Jr., was counsel for the
lad.
John q. Duval was put on trial on
the charge of using money of another
that had been entrusted 10 him. Robert
Adair represented the State Duval
had no counsel. John Reed, the
owner of the money, So, testified that
Duval got 60 bill from him, and was
to get 10 cents out of it and return the
change. Duval took the money and
did not return it. William Frisby, in
whose barber shop the money was
turned over to Duyal, corroborated
Reed.
Duval went on the stand and claimed
that a game of chance was in progress
ard a snatch was made and he hap.
pened to get his hand on the So.
After few minutes consideration
the jury returned a verdict of guilty. He
was sentenced to six months imprison-
ment.
The Court imposed the following SEN
tences:
For larceny Margaret Herety, 10
days imprisonment; Charles Mcclure.
one months imprisonment; William
Mitchell, colnred, 10 lashes, six months
Imprisonment; Villain Wyncoop, 20
lashes, two years. imprisonment; I;
Thomas Gentles 10 lashes, months
Imprisonment from March 7th, when
previous sentence expires; for bur.
glary-John Smith, Thomas Walsh and
Thomas Givens tine Folly Woods gang,
each, one hour in the pillory, 20 lashes
and two years. imprisonment; for as
sault with intent to commit murder
Frank Brown, colored, 81, 600 fine and
three years imprisonment.
When Wyncoop stood up for sentence
the court remarked that he was an old
offender The prisoner declared, how
ever, that he had never been before
this court before. But Judge Cullen
said he had been before other courts;
nb luOuBub ue udu soon ulHl a. 1eOTB6-
town. Wyncoop received his sentence
with smile.
Upon application of the attorney
general, another indictment against
Thomas Givens was retired.
All jurymen were discharged until
Monday morning. but court adjourned
until 10 o'clock Saturday morning.
The case of the North American
Smelling Co. VS.. Morrow & Colbourn
brought members OF the Sussex county
bar before the superior court of New
Castle county on Saturday. Charles
W. Cullen and William H. Boyce ap-
peared for Sheriff Truxton of Sussex
county, who had been garuisheed after
selling the goods and chattle of
Morrow Il Colbourn. The Smelling
Co. was represented by Peter j..
Cooper Jr., A. +. Polk, Edwin ID.
Hearne and Andrew j. Lynch. The
fight is for funds remaining in the
sheriff's hands after paying the firm s
Indebtedness. 1t was agreed to defer
until February Goth argument upon
the rule to show cause why the sheriff
should not appear.
Upon the application of Edward G.
Bradford the damage suit of Rex Vs.
the Pullman Palace Car 90. was con-
tinued until the May term.
In tho cases of James N. Crawford's
executors VS.. Alexander Maxwell and
others the name of John Biggs was
substituted for that of Martin b. Bur-
ris for the plaintiff.
In the case Of Ella O. vs. Martha J.
Wilson the court upheld the award of
the referees, which was that the plain
tiff receive $500 from the defendant.
Attorney General White sprung SEN
sation in general sessionsscourt Monday
morning when he asked the court to
enter nolle prosequi in the case of the
State VS.. David Grinnage, who was
charged with the murder of his grand
mother, Harriet Lewis. near Glasgow.
The grand jury had found true bill
against him. 1t was supposed on the
outside that there waH strong case
against Grirnage, but the attorney
general held different view His an
plication was the more surprising in
that it came after Deputy Attorney
General Cooper, for the State, and
Josiah Marvel, for the prisoner, had
spoken TO the court in regard TO begin
ming the trial. Mr.. Cooper expected TO
be ready as soon as witnesses on the
10. 16 Delaware train arrived. Mr.. Mar
vel was ready. He stated that Mr..
Carswell, the civil engineer, expected
to have ready plot Of the location by
Monday night, when he hoped to go on.
Attorney General White arrived about
this time. In addressing the Court
he said that the crime with which
Grinnage was charged was committed
before the last term of court. But Mr..
Whites predecessor chancellor Nichol-
SOM did not think he had sufficient