Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-09-28

of his visit to the police station, his |
first uncertainty as to the prisoner |
and his final certainty that he was
one Of the burglars.
Didn't you say, oh yah, dots
him. = asked Mr.. Handy.
No, no, | never said, Yah, re.
piled feasting, with some heat " ~
he was Dutchman, he was a Dutch
man. =
Mr.. Handy said he meant no dis
respect
Feasting stated that he saw freckles
on the burglars face.
Mr.. Handy said there were no
freckles on the prisoners face and he
would put it in evidence.
His face is always in evidence"
| said Mr.. Cooper.
Emil Meyer told his experiences in
the hold up, but would not swear that
Pottsyile Red was the burglar he
saw He said the prisoner looked
exactly like the man.
Former Congressman Handy made
| good impression by his efforts in bohalf
| Of James Porter, alias "Pottsville
Red, whose trial on the charge Of
larceny at the Bavarian Brewery last
May occupied the attention of General
Sessions Court much Of Friday. The
State closed in the afternoon, after
hearing the evidence of State Detective
McVey, who testified that Porter told
HIM he did not know whore he was on
the night of the brewery robbery.
For the defence, Mr. Handy set up
an alibi. John German, Robert Car
| Isle, Frank Quinn and William Ken
needy, Jr., all of Pottsville, Pa, testi-
| fed to seeing Porter ON May Sth or
oh, the latter date being that of tho
robbery. They were very positive in
their statements. German, who said
he had been with Porter from May
9th to 18th, admitted that he had
been in Jail.
W. L. Wells, trainmaster of tho Will
mington & Northern Railroad: II. J.
Hartman, train dispatcher of tho Bal
timore & Ohio, and III. b. Murdoch,
train dispatcher of the p, w. 4 b.
railroad, gave testimony which went
to show that Porter could have caught
no train hero after 3 o'clock ON the
morning of May 9th that would have
permitted his arrival at Pottsvile by
the time he was seen there.
In rebuttal of the alibi, Officer
Shields swore that he saw Porter and
another man at Front and French
streets, this city, on May Stn at 8
O'Clock, p. m.
Both sides addressed the jury. Mr..
Cooper said that Porter as in the rob-
berry at the brewery. Mr.. Handy said
that Porter was not there. The former
Congressman brought humor and pathos
into his most eloquent speech.
The Bavarian Brewing case went to
the jury about 1890 o'clock Saturday
on the charge Of Chief Justice
Lore. The charge was brief and told
the jury that the evidence was before
it for its consideration. Where the
testimony was conflicting they were To
weigh it and decide what was to he
accepted. ANY reasonable doubt as ia
, the guilt of the prisoner was to inure
, to his benefit
i A few minutes after II O'Clock the
, jury returned with verdict of guilty.
) At the request of Mr.. Handy, the jury
: was polled. Each said that was hi.
) verdict.
, Mr.. Handy told the court that hi,
client had been convicted before, bu
! not of such serious offence. II,
! asked for leniency.
] Chief Justice Lore told Porter tina
he had been defended with sigma
/, ability; that everything that could b,
! done for him had been done and tn
y facts had been eloquently set befor
:. the jury.
The court felt, however, that tn
D full penalty should be imposed an,
IS sentenced Porter to pay as restitution
money 81, l63. ~, twice the value OF th
8 goods stolen to be whipped with
u lashes and to be imprisoned three years
n THREE YEARS FOR WATSON.
o Herbert Watson. arrested on Wednes
D day charged with breaking into tn
" house of w. III. Oliver at Rising Su
d and stealing S22 and silver watch
!, pleaded guilty Friday afternoon an
IS was sentenced to be imprisoned thre
q years, pay fine Of $500, stand on
IL hour in the pillory and receive
lashes.
ID For stealing watch, William Bank:
le colored, gets four months and 10 lashes
10 For stealing watch, William Speelel
D. coiored, gets six months and 10 lashe,
m and for stealing bicycle. Helen Day
IN will serve three months term.
John Smith, indicted for voting i
1t legally in the Eighth ward at the la.
re city election, did not answer 10 h
10 name. His bail bond was declare
forfeited and q capias was ISSUED
at Smith is alleged to have impersonate
I'd number of men.
A capias was issued also for Gilhe
st Potts, charged with attempted murde
IN AT Saturday mornings session JoseI
Bantum, colored, who pleaded gull
oy to larceny of goods from Kennard
Chandler, was sentenced to six month
n. Imprisonment and 10 lashes.
be Albert Smith pleaded guilty to ol
ed tanning money under false pretence
rs He obtained SO from Mrs. jesse Tyso
alleging that his employer, Mr.. Tyso
ne had sent him for it. He was sentenc,
id to one years Imprisonment. Chi
or Justice Lore scored himuor tearing |
as the bedding IN the cells in the bas
of ment and destroying other property.
Edward Roach and William Bowm;
70. pleaded guilty to the charge of pc
ed ding without a license. They we
as each sentenced to one months il
prisonment
William Wright was then placed
,, trial for receiving stolen goods, Il
- property of the Baltimore g. Ohio Ra
a. road Co. He was defended by Messl
~ Speakman and Garrett. Harry
\, ~ Miller, ticket agent of the b. &
~ railroad was challenged, as W
% William A. Alexander. The panel
IL iur"rs was exhausted and George
II Hollis and David R. Smith we
f. selected as talesmen.
Witnesses for the State in {
na. Wright case were Special Officer Jam
H. Chandler, and the Bierman, Faulkn
A and Steward boys; for tho defendar
az Sarah Wright, Clara Streets, and Jes