Delaware gazette and state journal., 1899-05-04
MARK |. DAVIS ACQUITTED
Representative LattOmus' Accusation
Against Representative Davis.
FORMER TELLS HIS STORY AGAIN
Davis Denies Everything in an
Emphatic Manner.
CASE GOES TO JURY IN SHORT ORDER

Dover, April %. After The disposi-
ton of the case of the attempted train
wreckers in General Sessions Court yes
terday morning, the case of Peter S.
Butler of this town, Indicted for the
larceny of dog and collas. the prop
erty Of the Rev, Vaughan S. Collins,
was taken up John ID. Hawkins rep
was called 10 testify to the fact that us
dog register ne had collected dog tax
from Mr.. Collins for the dog. The
State intended to prove by this that
the dog was personal property and as
such was subject to larceny.
Butler's counsel objected to this,
and cited cases to show that dog was
NOT personal property. The court de-
cided that dog, according to the law
Of this State, is not personal property.
Tho case was submitted and the Jury
returned verdict of not guilty.
Ernest Dutton and Moses Casson,
colored, indicted for carrying concealed
deadly weapons, pleaded guilty and
we're sentenced to 10 days imprison-
mont.
John Webb, colored, charged with an
assault and battery on George Vincent,
colored, was found guilty. Sentence
six months.
bage, train wreekers, wero each SEN
fenced to pay fine of $1,000, be i'm.
prisoned for one year, to stand one
hour in the pillory and receive 90
lashes on Saturday next Joseph Harris,
the other prisoner, as mercy bad been
asked for, owing to his youth, was
sentenced to pay $1,000 and be i'm.
prisoned for one year.
Dover, April %. Tho replevin case
Of George Waldman Us. Thomas Il.
Killen was tried in the Superior Court
yesterday morning. George M. Jones
represented the former, and Henry
Ridgely, Jr., and II. G. Frame, Jr.,
were counsel for the latter The suit
was over a horse which Waldman rur-
chased at constable's sale, at FELTON,,
and which he transferred to two col
ored men named Harris, in return for
u small sum Of money and work. Not
outstanding he claimed a monetary
interest in the horse, the Harrises
sold the animal, Mr.. Killen being the
purchaser. The jury rendered a YER
dict for $55 in favor of Mr.. Killen.
In tho case of George w. Fack vs.
Franklin Temple and W. B. Wharton,
rule to show cause why an addition
10 a Judgment should not be struck
off and the execution set aside was
argued. Henry Ridgely, Jr., repro
sented Flack, and Senator Kenney and
former Congressman Pennington were
counsel for Messrs. Temple and Whar-
ton. Judgment was confessed in No
yemher, 1893, on real debt payable
il 1888. In March, 1899, the pro-
monetary made an addition to the
Judgment, but which did not appear
in Iin f,rf ffrir, ,al
held that the addition was Illegal, and
that only the Superior Court can make
amendments binding in case of an
error by the prothonotary.
Tho afternoon was devoted to the
case Of Frank W. Downes VS.. the town
commissioners of Smyrna. John d.
Hawkins and Ariey u. Magee repre-
sented the plaintiff, and Edward
Ridgely was counsel for the commits,
soners. The suit was for $4,000
damages, for injuries which Mr.. Downes
alleged he received by driving into
mower, covered with weeds and grass,
on street in Smyrna. After the plain
tiff had rested, MIR. Ridgely moved for
nonsuit, contendng that the prose
cntion had not produced evidence to
Decision on tho motion had not been
rendered when the court adjourned.
Dover, May 1.-The Superior Court,
on Saturday, refused to grant nonsilit
in the case of Frank w. Downes VS..
the commissioners of the town Of
Smyrna. The trial will be resumed to-
day. Horace David, charged with de-
sertion, was, dismissed, the evidence
being insufficient. In the case brought
by Mary e. Fleetwood against her hus-
band, whom she charged with deser-
ton, the defendant was ordered to pay
the plaintiff So monthly and required to
sive S500 surety. e. T., Cooper, who
is is3erving a sentence in the New Jersey
lenitentiary, was disbarred from the
Acnt county bar.
Dover, May LIN the Superior
SSourt, this morning, the case of Frank
mo town of Smyrna, to recover SIC, 900
damages. for injuries alleged to have
been received by driving into NOW
ins machine, at Smyrna, which occu-
NED tho attention of the court last
Friday and part Of Saturday, came to
an unexpected end, when Edward
kideely, attorney for the commits
sloners, asked that the jury be with
drawn, as the case had been settled.
INC request was granted. One hundred
and hfty dollars and costs was agreed
upon IN the settlement.
=. Anothor surprise was created when
inc libel suits against John II. Bate
mn, Clement H. Congdon and Eli NJ.
sailing, brought by United States
ssenator r. r. Kenney and John f.
Ha.Mn!5hury, were nolle pressed.
Tho libel suit against ID. X. Reeder,
Drought by Charles II. Butler, was also
nolle pressed.
Dover, May 2.--The Court of Cen
XIV Sessions convened at TO- 10 o'clock
MS Il morning.
Ien minutes later. Chief Justice
nor Loro asked Attorney General White,
Walter n. Hayes and II. IL. Ward il
aley were ready in the case of Repre-
statative Mark l.. Davis, charged with
nTiempting to hribe Representative
francis Lnttomus to vote for John Ed
ward Addicks for United States Sena-
@r, They answered in the affirmative,
fuu The selection Of the jury was begun
Immediately.
H. he first panel called was as follows
ihtafry krichbaum, j. M. Harrington,
& y. Sturdevant, George G. Reihm,
UTsiniel Sterner, Edward F. Harrington,
cn,llam Marvil, Thomas II. Alexander,
eGeofse A. Dick, Frank H., Jones,
GGeorEe Kemp and Thomas Ii. Moore
hneofso A. Dick was challenged by Mr.
Davls' counsel, and Walter s. Grem
vas substituted Thomas II Alovnndor