Evening journal., 1899-10-27
JURISDICTION or
MAGISTRATES
No Authority to Issue Warrants
for DisorderIy Conduct Cases
Occurring in Wilmington.
CASE IN CITY COURT TODAY

LIAM DAVIS ON THE GROUND
THAT MAGISTRATE DALEY HAD
NO JURISDICTION IN THE MAT
rER-oTHER CASES.
An interesting point, involving the
authority Of magistrates, came up be-
fore Judge Ball in Municipal Court this
morning.
William Davis was charged with dis
orderly conduct. which is alleged 10
have occurred on October is. lie war
arraigned some days ago before Mag
istrate Daley, and his counsel, J. p.
Nields, refused to accept either YER
bal or written decision from the Official
ION the ground that magistrates had no
jurisdiction over disorderly conduct
cases occurring In the city of VIII
mington.
Davis was held in 500 bail for his
appearance before Judge Ball In Mu-
nicipal Court Mr.. Nields again appear
ing for him. In his plea before the
court to-day. Mr. Nields urged the dis
missal Of his client on the grounds thai
the bail bond was illegal, inasmuch
as local magistrates have no jurisdic-
tion over such cases. Both Judge Ball
and Assistant City Solicitor coincided
with Mr.. Nields in his opinion, and the
case was dismissed.
The question of magistrates' jurie-
dlctions over disorderly conduct cases
has been a mooted one for some time.
although II has never been decided In
Municipal Court before.
CARRIED TO UPPER COURT.
Thomas Elwood, a former employe OF
Joseph Bancroft and Sons Company.
was charged with the larceny OF
quantity of cotton goods belonging 10
the firm. Several pieces OF cloth were
produced in court. which John Ban
croft identified as the property OF the
firm, and stated that their value was
about S4. "The thieving,7 continued
Mr.. Bancroft, has been going on for
lsome time and ! am unable to state az
present the exact amount we have lost
lOur firm has been in a quandary as 70
who took the goods"
Elwood waived a hearing and waa
lheld in 5000 bail for upper court. II is
lalleged that he sold the stolen articles
20 women who i've in the vicinity of
1.-THE mills
James Murphey was charged with the
larceny OF two lanterns, the property
'lof Hubert Cassidy. The articles were
stolen last night from in front Of Nc
i lCormick's place at Front and Market
lstreeis, where they had been placed to
I mark a street obstruction. James did
not deny the theft, and was held ia
5000 bail for upper court
. Eugene Jefferies. colored, was alleged
TO have stolen a pair OF gum boots
the property of Allen Sharp. The foot
gear was taken from George White.
mans stable, on Shipley street. At
! Eugene's counsel, ,lc. r. Cochran. was not
! present he asked for a continuance un.
iii Tuesday The request was granted
4, Alexander Whortenberry, colored
was arraigned on a charge OF commit
ting an assault and battery upon hii
i, wife. AS the complaining witness dit
not appear the case was dismissed anl
an attachment ordered issued for tn,
woman.
Policeman Sherry arrested Jane.
s Montgomery yesterday for being in
drunken condition. When arraigned on
D the charge this morning James said
r "Yes, your honor, that's true | wa.
r drunk, but | have not been here 70
seven months
n One dollar and costs said the court
l. Thank you, judge was James Re
j. lply as he left the dock
This is all, said Clerk Adams. AM
the session closed.