Evening journal., 1900-03-30
A QUESTION OF
JURISDICTION
Judge Ball and Mr.. CahOOn at
Variance as to Where Lar
ceny Occurred.
TOBACCO STOLEN FROM CARS.
REMOVED FROM ONE CAR IN
PENNSYLVANIA, PLACED IN AN
OTHER IN DELAWARE AND CAR
RtED AWAY IN THIS CITY.

OTHER IN DELAWARE AND CAR
RtED AWAY IN THIS CITY.
A question Of legal jurisdiction came
up in City Court this morning on
which Judge Ball and Assistant So
licitor Cahoon took opposite views.
John Cunningham, George Payton,
William Bradley and Edward Rash,
boys ranging in age from II to IA
years, were arraigned on the charge OF
the larceny of a quantity OF smoking
tobacco, cans of tomatoes and several
bushels of wheat, the property of the
p. w. & B. railroad. The only testi-
mony offered against the boys was a
statement made by Cunningham TO
Chief Dolan and TO Railroad Detective
Jones' in which he implicated none OF
the other boys under arrest.
Detective Jones testified that Cum
ningham had stated that he. in COM
pany with a boy named Harkins, had
walked out to Edge Moor on Friday
night last and broke the seal of a
freight car standing on the track and
entered it. The boys then rode to
Gray's Ferry, and there threw off a
quantity of smoking tobacco which
they placed in bag and boarding an
other freight, brought their plunder to
this city. 1t
Chief Dolan's statement of the in
terview did not agree with that of De-
tective Jones, although he admitted
that Mr.. Jones was better aware Of
what the boy said that he was, as he
was engaged in other matters at the
time of the interview.
Chief Dolan stated that he did not
remember hearing the boy mention
Edge Moor. but was under the impress
sion that he had said that he, in COM
pany with another boy, had ridden to
Grays Ferry, where they removed the
stolen goods and placed them in a To-
cal freight and brought them back to
this city. On arriving at Old Swedes
Church the train was held up bv an
other train and the boys got of and
carried the stuff to their home, in
Browntown.
AS there was no evidence against
Payton, Bradley and Rash, they wc5e
dismissed. The case of Cunningham
was continued until tomorrow morn.
ing, owing TO a difference of opinion
LOOK
place between the court and Assistant
CITY Solicitor CahOon. Judge Ball held
that lnasmuch as the stolen goods were
taken from the original car in Gray's
FERRY that the larceny occurred in
Pennsylvania.
Mr.. Cahoon claimed that the stolen
articles were practically in the posses
sion OF the railroad company until they
were removed from the car near Old
Swedes Church, in this city, and that
the larceny actually occurred in Della
ware. Judge Ball continued the case
until tomorrow morning in order to
give Mr.. Cahoon an opportunity to cite
authorities on the subject.
There was no evidence introduced to
connect the boys with the larceny OF
tomatoes.
LAUPACKER DISMISSED.
Dominick Laupacker Of No. S1C
Wright street, was charged with nur.
chasing stolen goods, knowing them
to have been stolen. The evidence was
to the effect that Laupacker bad
bought a bushel of wheat for 20 cent,
from John Cunningham and Georg,
Payton, which he knew had been taker
from a freight car on the P, w. & B
railroad. Cunningham and Payton botf
stated that when they sold the wheai
to Laupacker he had told them that h,
knew where it came from, and tha,
they had got it out of a "yallow" car
but that made no difference.
Laupacker denied making this state
ment, and said the boys had told hin
they got il from an empty car and has
swept it out, afterwards sewing II
which accounted for its cleanliness
The court did not consider the evidencl
OF the boys sufficient to hold the de
fendant for the grand jury, and dis
missed the case.
OTHER CASES.
Isabella Ross, charged with disorder
ly conduct. was fined SO and costs.
Arthur Armstrong was charged b.
his father with acting in a disorderl
manner. His case was continued unit
tomorrow morning.
The case OF Herman Dillworth an
George Reed. two boys charged wit
disorderly conduct, was continued unit
tomorrow morning for investigation b
Agent Stout, Of the S. P. c. C.
George Payton, charged with th
larceny of bushel and half Of whea
the property of the Wilmington an
Northern railroad, was dismissed frol
lack OF evidence
Charles e. Virgins. aged IS year
charged by his mother with incorrig
bility, was given another chance.
George l.. Dickerson, arraigned ye
terday on a charge of disorderly col
duct, was dismissed upon taking II
pledge.