Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-10-01
charged with assaulting Thomas Green
with intent to kill him, acknowledged
shooting but denied intent,


shooting but denied intent.
The county court room was crowded
Friday afternoon when the trial OF
James Mitchell, Joseph Eldridge,
Emerson Palm and Arthur G. Webster,
charged with breaking the dwelling Of
John III. Banning with intent to COM
init larceny. commenced. Deputy At
torney- General Cooper conducted the
prosecution, and Josiah Marvel an.
peared for the defence. John Ii. Ban
ming testified to the robbery Of his resi-
dence, on Clayton street, near Oak,
between September 10th and September
18th. Mary A. Walsh, q domestic at
the house, testified to seeing two of the
men at the house that morning.
Alexander Ruy. colored boy, swore
that Webster came up to the house and
inquired If johnny was home.' The
stranger said he knew Johnny well.
Miss Florence W. Tybout of Glen
olden, Pa, who has been visiting Mrs
Banning, her sister. testified that she
heard curious noise before midnight
and went to Mrs. Banning's room and
the next morning, found that that her
jewelry had been stolen from her room.
Among the jeweiry missing was a set
of topaz pins, sleeve buttons, four or
five rings, tprquoize pin, gold and
enamel pin, pearl stick pins, and a
plain gold locket. She identified some
jewelry shown by Mr.. Cooper as hers.
Mrs. Harriet 4. Banning testified to
the robbery. She saw man who
looked like Mitchell pass by the house.
Mrs Annie t. Martin Of Baltimore,
testified that she had rooms to rent and
that she rented room to two of the
men, on the morning OF the 18th.
Later the other two joined them. Her
suspicious were aroused because they
would not allow her to 90 into the
room, and when they passed through
the hall they drew their mats down over
their eyes and turned their faces away.
She told the police Of her suspicious
and the mon were arrested.
George Hoyle, sergeant of police in
Baltimore, testified to the arrest OF
Webster, Palm and Eldridge while they
were going towards Mrs. Martins. At
the police station the mon we're
searched. A ring was found on Web
ster. as we'll as pincers and skeleton
key. The pincers are used 10 turn a
key in the lock. Three revolvers were
taken from the men. candle was
found on Eldridge.
State Detective Mcvey testified that
Mitchell was arrested in Baltimore,
while attempting to pawn some i9welry.
In opening for the defence Mr.. Mar
vel asked for the discharge of Emerson
Palm, on the ground that. he had no
connection with the crime. This was
refused. Then he asked for the dis
charge of all the men because the in
dictment said goods of John III. Ban
ming" whereas IL was testified that
they belonged to Miss Tybout But
Chief Justice Lore said that the ques-
tion was the intent to steal, not as to
whose goods they stole. They appIica-
tion was. tharefore, refused.
Eldridge went on the stand and testi-
fled to meeting the other men in Balti-
more He explained the presence of
the candle on him by saying that he
used it to heat water for Webster who
gave it to him. He said he had car
ried the revolver for l2 years. This
was the only witness for the defence.
Deputy Attorney General Cooper and
Josiah Marvel addressed the Jury, and
Attorney General White summed up
the evidence. The latter admitted that
Palm had not been connected with the
robbery. He held that the possession
of the candle connected Eldridge with
the crime. Chief Justice Lore de-
livered the charge to the jury. He
directed them to give verdict of not
guilty in the case of Palm. The jury,
without leaving the box, returned a
verdict of not guilty in the case of
Palm, and guilty in the case of the
other three. Palm after being told
that he had escaped by tho skin of
his teeth, was allowed to go.
Mitchell. Eidridge and Webster were
each sentenced to pay fine of $500, to
stand one hour in the pillory, on
October Sd, and to be whipped with 40
lashes, and be imprisoned for five
years.
Emerson Palm, who was discharged,
bad barely left the court room when he
was again taken into custody by State
Detective McVey, He is wanted at
Lancaster, Pa.
At Saturday mornings session John
F. Davis and christopher Bonasch
both charged with non-support, were
to have been tried, but Davis failed to
appear. and Bonasch forfeited his
recogizance. Both are to come up next
Saturday.
The following sentences were inn
posed: Walter Davis, for breaking
Henry Hanby's house, to be whipped
with 20 lashes on October 10th and be
imprisoned six mouths; William Rob-
inson, colored, stealing black;ng brush,
month In Jail; Charles Smith, larceny
OF ring from Il. Thomas & Co., 10
lashes and three months; Henry Kel-
ley, colored, larceny of watch, 10
lashes and three months; Sarah Lewis,
colored, larceny, three months. William
Naer, an old soldier, en- route for
soldiers home, for the larceny Of a
broom, was sentenced to 10 days i'm
prisonment. He had been in Jail since
May 30th. William Mccormick, an
other old soldier, for the larceny of
tho same broom, receives 10 days i'm
prisonment. He was also bound for a
soldiers home, when he took too
much liquor.
James Conway, who said he was in
the Eighth Delaware Regiment. was
also sentenced to 10 days imprison-
ment for the larceny of a broom.
Austin Harrington was assigned TO
defend james Ross, charged with assault
with intent TO commit murder.
In superior court Josiah Marvel was
given leave to Withdraw bis name as
counsel for the plaintiff in the case of
Em,nons VS.. tho Homo Insurance Co..
| of New York.
Full naturalization papers were taken
| out before the court by the following !:
Hugh Michigan, Jr, a native of Ire
land, and Oscar Carlson, Frank John
.,n Jnhn Davilapn Andrew M John