The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-02-02

H. ~
4 After General Sessions Court openet
this morning John b, Timmons, eonstabi,
at Townsend, went on the stand and gave
testimony against James Stout and Benjs
mi Emerson. colored, who were indicted
yesterday afternoon for resisting an Off,
Ger and carrying concealed deadly
weapon. Constable Timmons told Of find.
ing the men, with number Of others,
fighting, and when he attempted to arrest
the men they resisted. Austin Harrington,
who appeared for the prisoners. informed
the court that the offense was their first
and therefore begged leniency, which
Deputy Attorney General Cooper acqui-
esced In to the extent Of nolle prosecuting
the indictments for carrying concealed
weapons. The court thought, however,
that the prisoners should be taught les
son and sentenced them each to pay fine
| of 800 and costs and six months imprs-
onment.
The first jury trial of the term was that
| of Charles Dougherty, the young white
man who pleaded not guilty to the charge
of stealing three shoes from Annie Shapiro
on West Front street. second hand goods
dealer These were the jurors: George v.
dyke, L. B. Lee, W. B. johnson, George d.
Byron, G. c. Martin. S. A. Collins, J. M.
Gross, ]. 7. Veasey. Francis Pagan and
Thomas Riley
Andrew G. Gray appeared for the prose-
cution. Mrs. Shapiro went on the stand
and swore to seeing the prisoner In front
of her store short time before she missed
the shoes. Dougherty inquired II the fact
of him being in front of tire store estab-
lished his guilt, which the witness said was
very strong proof
Police Officer Michael Maloney testified
to arresting the prisoner with the shoes In
his possession. Harry Davis. colored, also
saw the prisoner with the shoes.
Dougherty, when given the opportunity,
denied the theft, explaining that he had
found the property along the Philadelphia,
Wilmington and Baltimore railroad. This
was all the testimony and the jury retired.
After celebrating ten minutes a verdict of
guilty. with recommendation for mercy.
was returned. He got six months impris-
onment.
Another jury was drawn to try the
charge of larceny against Samuel Williams,
Colored, James l., Collins was foreman of
the jury. Emanuel Black, also colored,
was the prosecuting witness and swore to
missing fifty pounds of brass and an equal
quantity Of lead on the first day of January.
He afterward saw the prisoner with the
metal Polio H)fficer Shields found the
property in the possession Of the prisoner,
but Notwithstanding this testimony Law
yer Harry Whiteman asserted that the man
was innocent of the offense and called the
prisoner in his own defence. Williams told
seemingly straightforward story of his
actions the night the metal was stolen, but
said nothing concerning the possession of
the property. George Harris, an aged
negro, also gave testimony favorable to the
prisoner. Other witnesses were Samuel
DENLY, and Eugene Sterith, hut they did
not help the defence No argument was
made to the jury by Mr.. Whlieman and the
body retired.
A verdict of guilty was returned and he
was sentenced to fifteen lashes and six
months imprisonment.
%George johnson, colored, pleaded guilty
to carrying concealed IL deadly weapon
and was sentenced to 10 days imprison.
ment.
For stealing quarter of q mound of to-
bacco, John Daley was given 10 days i'm.
prisonment. Daley has already been in
Jail 80 days.
The next cu'prlt was George Brown,
indicted for stealing a coat valued al so
from Samuel Price. Mir. Price saw the
prisoner take the coat Brown made no
defense and the jury found bin guilty
without leaving the box. The sentence
was tlteeen lashes and six months i'm.
prisonment.
The grand jury having returned batch
OF prisoners was brought in for arraig.
nment Mary Cirak was, first command.
cd to stand She plead not guilty to the
Indictment charging her with murderous
assault but guilty to common assault
Mr.. Cooper did not accept the plea because
OF not being acquainted with the facts Of
the case.
= Harry Whiteman was assigned to de.
fend Thompson.
In Harpors behalf Austin Harrington
asked that tho prisoner be allowed to 20
under the probationary act hut Deputy
Attorney General Cooper WINS not die
posed to allow the case to take the course
as Harper was indicted for entering
houses.
Tho other prisoners and their pleas
were Frank Thompson, not guilty Ia
attempting telOnious assault upon Mrs
Carrie Il. Eal: Charles Harper, not guilt,
TO TWO counts OF larceny; William Mai. |
thewS, not guilty to charge of larceny;
John Norton not guilty of larceny
The court thought the case did not come
WITHIN tho limit of the statute prOvillng I
for parole, whereupon Mr.. Harrington |
withdrew the prisoners plea of not guilty |
in the tirst count to one OF guilty.
Then court rCces Sed.