The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-02
Held For Cove rnOr's Action.

Officer W. J. Massey was at Fourth and
Market streets early this morning when
he saw two young men act strangely. One
Of the pair grabbed the barber pole oppC-
site James +. Flynn's barber shop and
break 1t off, Then he took his handker-
chief and tied the pole to an awning post.
The same young man attempted to pull a
gave the alarm and both decamped to the
P. w. g. B. depot where the young man
was arrested. Flynn appeared at the city
ball this morning and stated he did not
wish to press the charge as the young
sport had agreed to replace the pole.
John Burk. who has figured In the
courts many times, appeared in the dock
iu u soldiers suit. He was druak and act
cd disorderly last night. He belongs to
Company 4, First Delaware Volunteers.
H. was reoumMitted and his captain will
be communicated with about the portion
In which Burk is at present.
Daniel Gillespie was charged with dis
orderly conduct He will stay away from
his fathers house.
When the case of Robert G. Fitzsim.
mons was called, e. r. Cochran, Jr., stated
he had motion to mike. He claimed the
warrant did not state when the alleged Of.
Tense took place. Deputy City Solicitor
Cahoon stated that there was regular
bench warrant fled in the case. The mat.
ter was in the hands Of the Governor for
r,quisition papers for this man.
The Court-We have not passed yet on
the guilt or innocence of this man'aud do
not see what right there Is for requisition
papers. This man il entitled to pielim-
mary hearing.
William B. Dixson de posed he lived in
Philadelphia and that he recently owned
race horse, Fitzsimmon left the horse
at Suffolk race track. He paid bill for
feed and the next day Fltzsimmons left
with the horse. The next thing he knew
was that the man was arrested in this city.
To Mr.. Cochran he. said Fitzsinmons was
his trainer. He looked aft,r h" horse for
over two months. This II reemont was
that Fitzsimmons was to Pew lat Of
tho winnings. Ii is the custom of II rain
to take horse with the owners couseut
to different places.
He did not owe the man q cent. Fig.
simmons testified that the arrangement
was made in Wilmington on March 81. He
claimed he was to get $50 u month n ex-
penses. Then compromise was vnected
on commission.
The horse was given In full control of
witness. Paid the bill at Elkton for the
keep. In Baltimore he had to borrow
money topay the expenses He asked for
settlement from DixSon and he refused.
He left the horse at Owens place and
agreed to pay 81 aday. Witness had been
taking care of the horse. The horse owed
witness S7i.29 He informed Dixon that
ho was Indebted in the above amount.
Witness en- tered The horse, hired the joe
keys and collected the purses.
He had an attachment issued in phila-
delphia but the constable could not find
Mr., Dixson. Robert p. Wade testified he
was present when the horse was purcha:-
ed ut Elkuon. Tho custom Is for a irniner
to have control of a horse until the bill WAS
paid Alexander Maxwell deposed Fitz-
simmons had control and management Of
the horse Baritone end.
GConstabIe Devid Hughes deposed no at
tached the hore on Fitzsinimons' claim.
Dixsan was recalled and deposed he paid
Fit zsmmons $50. He appeared at the
magistrate office. Mr. Cochran claimed
there was no larceny In the case. At host
1t WINS brerch of trust
II strikes the :court that this is very
narrow case. 1t lookol moe like case
for civil rather tnan criminal: proceedings
He was held to await the action Of tho
Governor