The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-02-04
GUILTY, SAYS
ROBERTS
The Dover Editor Now at the
Courts Mercy.
HOPES ~ gsv or EA,ltY.
General Sessions Court This Morn
ing Refuses to Grant a Motion
to Quash the Indictment

to Quash the Indictment
George W. Roberts, editor Of the State
Sentinel at Dover, who was indicted in
General Sessions Court for orimnally
lihelling Washington Hastings, will to-
morrow morning plead guilty Henry G.
Conrad this morning presented the plea
but so complete a surprise was ii to the
court and every one else that after oon.
sultation, the court requested counsel to
withdraw the plea until to. morrow morn.
ing.
The first victory for the state came when
Chief Justice Lore announced that the
Court had refused to grant defendants
Counsers motion to qua,h the Indictment
because 1t did not set forth any lbelous
matter on it's face. This was also sur
prise to the large number Of lawyers as.
sembled to heal the answer to the motion
which was a vital part of what would
have made the most interesting case.
An unimportant legal matter inter
vened before Mr., Conrad pleaded guilty to
the charge for Mr.. Roberts. In doing SO
he said whatever might be In their own
minds as to the guilt or innocence of his
client, he realized that as Mr. Roberts was
editor Of the paper which published tho
article he was technically guilty. "Bub
before your honors pass sentence upon
him have just a word to say in behalf Of
this defendant, and this take from law
the public newspaper has II right to dis
cuss those matters which relate to life,
habits, comforts, welfare and happiness of
the public,
In doing so 1t may state facts, draw in
ferenoes and give It's Own views upon the
facts 1t may err in its deductions, and
if they are false they ass. not actionable
unless special damages be shown Every
one has Alright to comment on matters
of public interest and general concern,
provided he does SO fairly and with an
honest purpose. Such comments are not
libelous, however severe, unless they are
written Unexpectedly and maliciously.
All political, legal and ecclesiastical mat
tiers are matters of public concern.
Your honors will say for Mr.. Roberts
that the article OH which this libel Is based
was not written out of malice toward Mr..
Hastings but at time when political inter
est in this state was running high. He
has always stood high in this community
and in consideration Of these facts we be.
lieve merits but tho slightest punishment
the law in11icts."
After the Court had requested counsel
to withdraw the plea of guilty, Chief
Justice Lore took occasion to remark that
it had confidently expected the case to go
before the jury, therefore had not consid-
U
that the court preferred to pass sentence
tomorrow morning.
Tho general opinion Is that Mr., Roberts
will receive slight fine but no term of
imprisonment. As u matter of fact 1t Is
within the discretion Of the Court to pass
whatever sentence it may see fit. Criminal
libel in Delaware is u common law offence
therefore the sentence is discretionary
matter, The final disposition of the case
will be awaited with interest
BACK TO MINOR AFFAIRS.
case of the State VS. Samuel u Pitts,
upon application of Edwin r. Cochran, Jr.
was continued until Monday morning.
For gambling George Brown, colored,
received one months Imprisonment 1t
was Browns first otfensc
jury was drawnto try the case of lar
ceny against AlphOnzc Davis, q middle.
aged white man. Isaac Sutton, the prose-
cutting Witness told of missing his team
on January 49, Milton Patterson told of
being with Davis at tho time, and Special
Officer kelehor told of Davis offering to
sell the team to him, after which Davis
went on the stand and denied that he had
offered to sell the team. He acknowledged
taking the team but offered drunkenness
as an excuse.
When the prisoner concluded his state
mont there was consultation between
the Judges and tho prosecuting attorneys,
Messrs. Cooper aud Hayes, and the latter
asked to have the case nolle prosecuted, in
order to have other complaints made
against him.
The next case was one against Walter
Mcbride, an aged colored man, for obtain.
ing three shoats under false pretense from
John A, CleavCr.
Andrew G. Gary prosecuted tho case.
Harry Whiteman appeared for Mcbride.
Mr. Clcaver told of meeting Mcbride on
January 30 and selling him tho shoats
with the understanding that he was to
pay FOR hem tho next day out Of money
he had in the Delaware City National
Bank, the cashier of which institution,
Francis Mcintyre, declaring that Mcbride
had no money to his credit there
This being all the testimony, Mr.. White
man asked for verdict of acquittal be-
cause the State had failed to prove that
Mcbride had intended to defraud Cleaver.
The court held, however that the fact was
one for the jury to pass upon and there
fore refused to charge the jury as Mr..
Whitcman had requested. Then Mcbride
went on the stand and told of having in
formed II son Of Mr. Clenyef he could not
ply FOR the pigs the day when delivered,
bus would do so the following day, where
upon Cleavor said he supposed the matter
would be satisfactory.
he had money in the Delaware City Bank.
Mr.. Whitemnn called six witness to prove
the prisoners previous good character
but It's none Of them knew Mcbride at
Port Penn their evidence amounted to
nothing, Both sides closed and Mr.. Gray
said he was ready to submit to close but
Mr.. Whiteman wanted to argue and did
SO. The Jury was out twenty minutes and
agreed upon II verdict Of guilty. Sentence
Vns Infnrrnl until this uftprDp
John Kelley. the white man Of New
Castle who is alleged to have used u minor
child for immoral purposes, which act re.
suited in her death. was brought in and
arraigned upon tho charge and pleaded
not guilty. The case was not taken up
because Of the absence Of witness.
Whom Clerk Fonrd called the name OF
John G. Keenan, there was no reply and
forthwith attachment was issued for
him.
William Powell pleaded guilty TO steal
ing suit of clothes and was sentenced to
be whipped with ten dashed and serve three
months imprisonment.
The grand jury indicted John Mcdowell,
James Walls, Peter Redout and James
Short for being concerned in battery
policy gambling: Thomas Barton, VIII
liam Morrow and James Ccrroll, for lar.
ceny; Alfonzo Davis, larceny, two courts;
Walter brown, assault with intent muir
dor.
Complaints against the fourteen election
inspectors who escaped punishment at the
last term, were placed before the grand
Jury and it is probable that indictments
will DO returned this morning.
Walter Brown pleaded not guilty to the
Indictment charging him with murlerous
assault; Thomas Barton, James Carroll
and William Morrow, not guilty; Al
phonzU Davis not guilty to both charges
of larceny; James Short, not guilty;
Peter Ridcout, not guilty.
1t was |. ID o'clock when court recessed
until 2 30 clock.
February l6-Chrstopher +. Pfrommer
vs.. Horace Bradley, garnishee; Lyle
& Co. vs.. james Barclay, Jr.. & Co;
George & Evans VS. Francis Reynolds;
Norfolk Timber Cows William Simmons;
the Peoples NationalBank Of Mlddetown
VS.. William H. Houston; La Grange Mills
VS.. William H. Bowers, garnishee.
The Special Jury List-Robert Rex vs.
Pullman Palace Car Co; George w.
Pierce VS. Mayor and Council of Whining.
ton; Charles II. Stewart vs. p, w. & B.
r r.. Co.; Joseph Freeman's Admx. vs.
the b. & z. h. r.. Co.; Samuel e. Smith
VS. Mary Ella Smith.
Laura Is. BroKe IA Propeller.
The tug Laura b., belonging to the
Wilmington a. Northern, yesterday broke