Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-11-24


report was made by William f. Kurtz
respecting the suit of Kate r. Palmer
VS. George w. Goodley, an aDpeal.s
The suits referred to referees were
those of the Barnes Cycle Go. VS..
John I. Elliott and Samuel Pappeo
VS. Patrick McGinniss, an appeal. In
tho suit of John Weldon, an infant,
VS.. the r., w. Il B. Railroad CO., T..
@. Vandegrift takes the place of John
Biggs as counsel for The plaintiff.
The court announced that the causes
passed would be taken mp tomorrow
afternoon, after which the calendar
will be prepared.
At 4.W O'Clock court took a recess
until 10'o'clock Tuesday morning.
The Court of General Sessions recon-
venod at 10 o'clock Tuesday morning.
In the cases against Edward McCon-
nell, John Kelley and Harry Maddux,
accused of heipg implicated in u rob
berry at Walter Fl. Hartlove's store.
recently, that against Maddux was re-
tired by the State and capiases were
ordered issued for Mcconnell and
kelley, both of whom were reported
out OF the jurisdiction of the court,
retnrnable at next term. McConnell's s
bond Of $500 was declared forfeited,
and it is understood that Kelley's bond
was forfeited at tho last term. Eugene
M. Sayers was on McConnell's bond.
Attorney General White informed tho
court that he would retire the cases
against John Saville. charged with
larceny, and four attorneys, who failed
to take out their State licenses at the
proper time, the matter having since
been adjusted.
FIRST JURY TRIAL.
The cases against Joseph Dugan and
Daniel Hopes, indicted on the charge
Of larceny, were called, and the court
being informed that Julian G. Walker
was their counsel, and not present, a
messenger was sent for him. BY the
time he arrived at the Court House it
developed that he was not interested,
and that Sylvester ID. Townsend was
attorney for Dugan. The men were
arraigned and each pleaded guilty.
Subsequently Dugan, by advice of
counsel, Withdrew his plea of guilty
and pleaded not guilty and after jury
had been drawn Howell S. England,
who represented Hopes. announced
that his client also desired to change
his plea to not guilty. The following
Jury was drawn to try the cases I: james
I. :. Holt, Price Dilworth, James Il.
Eliason, James Downey, John Davis,
Clayton Won Culin, Frank Mclaughlin,
Giles Lambson, Levi S. Naylor, John
r. Francis, Samuel Kidd and Samuel
Moore.
The object in asking for jury, it is
understood, was to get leniency at the
hands of the court The men were
charged with stealing 5000 cigars, the
property Of Samuel Fl. Durstein. from
a freight car on the p, w. Il B. rail-
road tracks at Third and Pine streets
on the night of September 22d last.
When the case was presented To the
jury by Attorney General White he
said the men virtually admitted their
guilt. but there were circumstances
which would warrant the court in
being lenient and he asked for a verdict
of guilty with a Recommendation for
mercy. There was no defence and the
Jury rendered the verdict asked for
without leaving the box.
THREE MONTHS FOR DuGAN AND HooPEs.
The court sentenced each of the
accused to pay $62 restitution money
and costs and be imprisoned for three
months. No lashes were imposed. In
pronouncing sentence, Chief Justice
Lore reminded the prisoners Of the
fact that they were young and their
lives were before them. He cautioned
them to lead better lives and not to
get into trouble again.
THnEE MONTHS FOR FIVE DOLLARS
True bills were returned against
William Deaton, colored, aged is
years, charged with the larceny of So
worth of rope from the p, w. q B.
Railroad Co., and John Fisher, also
colored, aged 81 years, accused of
larceny of sundry articles from the
residence of Mrs. Helen r. Bradford,
at Thirteenth and Market streets ON
November 1st.
Deaton pleaded guilty and was SEN
| tenced to be imprisoned for three
months, receive 10 lashes next Satur
day and pay S. restitution money and
| the costs.
TWO YEARS FOR FISHER
Fisher pleaded not guilty, but after
ward changed his plea to guilty. He
was sentenced to be imprisoned two
years, receive 20 lashes next Saturday
and pay to Mrs. Bradford 1858. resti-
tuition money, and foot the bill of
| costs. In imposing sentence the court
| told Fisher it should be "a warning to
him. aud others not to break into
peoples houses and carry off their
effects. He warned Fisher that if he
came into court again he would receive
| the full penalty provided by law.
JONES GOES FREE.
| The State abandoned tho case against
Frank Jones, charged with committing
a nurderous assault upon Elmer Smith,
| in the house at the northwest corner
of Eighth and King streets, on the
night of September 7th. The trouble
originated over Mrs. Josephine Hyatt,
aud Jones, who was in the room,
according to testimony heard by
| Deputy Attorney General Cooper, shot
| Smith after he had broken the door and
| was in threatening attitude toward
Jones. Deputy Attorney General Cooper
| said he understood that Smith is now
! in Jail, having been sent over after
being arraigned in the city court on
the charge of disorderly conduct. Mr..
Cooper said he could see no cause for
action.
/ The first bill ignored by the grand
| jury at the present session was that
| against William Donovan, who had
been charged with committing an as.
| sault with intent to commit murder.
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