Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-11
Reports of the Recent Cases
Before 1t. r
A LIGHT SENTENCE FOR AN EDITOR
Geo. w. Roberts Pleads Guilty
to Libel.


at Wednesday afternoons session of
court. William Watkins and Matthew
Brown, colored were arraigned on the
charge Of burglariously entering the
store of j. b. Messicli at Middlotown
on Sunday night. The men pleaded
guilty and were each sentenced to re-
ceive 90 lashes and to be imprisoned
six months.
John Jackson, colored, pleaded guilty
to the larceny of quantity OF pork
from Charles Simonds. Jr., and was
sentenced to receive 10 lashes and to
be imprisoned for one year.
Joseph Hinson and George Ross.
colored, were each sentenced to 10
days Imprisonment for carrying con-
cealed deadly weapon.
The case of George W. Roberts.
editor OF the Dover Sentinel, charged
with criminal libel against Washington
Hastings was called. Mr.. Roberts was
represented by Medford II. Cahoon,
II. Ii. Ward and Ii. G. Conrad, while
Deputy Attorney General Cooper ap.
pearod for the State. Mr.. Cooper was
assisted by Andrew Gray, Benjamin
Nields and ex-senator Higgins.
Mr.. Cahoon made motion to have
the Indictment quashed, claiming that
redress could only be had through civil
proceedings, and that the case was not
one for criminal action.
Mr.. Cooper for the prosecution, con-
tended that it was clearly a case for
criminal action, and cited a number of
authorities ir support OF his claim.
MIR. Ward closed for the defence. He
contonded that no matter how in
furious an article may have been it
was not lihclous il it was true. He
further contended that the indictment
should have read that the author knew
the article was false at the time it WIS
published.
Chief Justice lore announced the
next morning that the court thought the
grounds urged for the quashing of tho
indictment against Georgs w. Roberts,
charged with criminal libel upon Wash
ington Hastings, were insufficient. The
court, therefore declined to quash the
indictment.
Henry U. Conrad, of counsel for Mr..
Roberts, then created surprise by enter
ing for his client plea of guilty.
Mr.. Conrad read the following paper !:
''The indictment is fatally Defective.
inasmuch as it does not set ons matter
libelous on it's face /, concerping the
parry against whom the alleged libel
is charged to have been publisned.
"a criminal prosecution cannot be
upheld on all the grounds that would
support civil action.
1.-The public newspaper han a right
tn discuss those matters which rotate
ito life, habits, comfort, welfare aud
happiness of the public. In doing so
it may state facts, draw inferences,
and give its own views upon the facts.
1t may err in it's deductions aud if
they are false, they are not actionable
unless special damage be shown. Evory
one has right tj comment op matters
of public interest and general copcsrn,
provided he does it fairly aud with an
honest purpose. Such comments are not
libeious. however severe, Gl.ess they
are written intemperately tnd ma
liciously.
All political, legal and ecclesiastical
matters are matters of public concern.
After reading the ubove plea Mr.,
Conrad than made further plea for
Mr.. Roberta, stating that tho matter
was published in the heat OF politi.
cal campaign, when feeling was at Il
great height. He held that the punish
ment should be made as light as possi-
bic.
George Brown. rolored, was nrraigned
on tho charge of gambling and pleaded
not guilty. Josiah Marvel, his cGuosel.
afterwards Withdrew that p!ea and
pleaded guilty. Bro~n was given ono
month.
William. alias Reddy, Powell, pleaded
guilty to the larceny of suit of
clothes, valued at Gi3. He was sentenced
10 be imprisoned three months and be
whipped with 10 lashes.
The trial of Alonzo Davis for the
larceny of horse, buggy and harness
the property Of Isaac Sutton was next
begun. 45.E
The owner of the team, Milton Pat
terson, colored, and Officer KelIeher,
who made the arrest, testified to the
facts of the case.
The prisoner went on the stand and
confessed the crime, and upon being
questioned. admitted that he mad served
Il term in Dover Jail, but without cause.
When the prisoner concluded his
statement there was a consultation
between the judges and the prosecut-
ing attorneys ard the latter asked to
have the case nole prossed, in order TO
have other indictments made cut
against him.
John Kelley OF New Caste, was
arraigned on the charge of using n girl
under age for Immoral purposes. He
pleaded not guilty and asked to have
witnesses subpnnaed.
Walter Mcbride, colored. was tried
on a charge of obtaining three shoats
unuer false pretsnces. From the testi-
mony it appeared that Mcbride was TO
pay for tho shoats the next day, and
that he claimed to have money in the
Delaware City Bank. John A. Cleaver,
John Il. Cleaver and Cashier Francis
Mcintyre of the bank, testified for the
Stats. Harry Whiteman, for the pris-
uner, asked that he be released. but
the court left the case for the jury,
which found verdict OF guilty.
The first case at the afternoon session
was that of Alfouso Davis, charged
with tho larceny of bay horse owned
by Isaac Sutton.
Isaac Sutton testified to the owner
ship and the loss of the horse. Henry
Patterson stated that Davis had olfered
to sell the horse TO him. Officer
Kelleher testified to the attempt of the
prisoner TO dispose of the animal. The
jury returned and verdict of guilty.
Davis was sentenced to stand in the
pillory one hour. bo whipped with 90
lashes and serve two years.
Isaac Handy, colorod, was the rext
culprit to face a jury on the charge Of