Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-11-29
PALMER FOUND GUILTY.
Jury Out a Whole Day-Recommends Him
to Mercy-New Trial Sought.

Jury Out a Whole Day-Recommends Him
to Mercy-New Trial Sought.
Albert Palmer was put on trial in
General Sessions Court Thursday
on the charge Of stealing horse owned
BY Samuel A. Bailey Of Mill Creek
hundred. Mr.. Bailey went to Red
Clay Creek Church on Sunday evening,
June Sd, and after church his horse
was missing. The horse was recovered |
August 18th ut Timothy Toomey's llv-
cry stable at Coatpsyille. The buggy |
was found in thu woods about two miles
from Coatesville, where Palmer's al
legged to have said it would be found.
Palmer was indicted at the last term,
but continuance was granted ct that
time on the application of his attorney.
Howell s. England, on the ground OF
the absence OF material witnesses.
The following persons also gave testl-
mony for the State: State Detective
Witsil, John Wilson of Chester county,
@. L. Umsted, chief Of police of
Coatesville Pa. William M. Glib
Eoney, keeper Of tha hotel at Stotts.
Vile, Pa. Timothy Toomey, keeper OF
the Gainesville livery stable. aud Jere-
miah Reardon of Coatesvile.
In opening for the defence, Mr..
LDRldDu thtu Tue bbACnou "ac W - WIZ
simple nature. He admitted that the
horse was stolen and that Palmer took
| it to Wilson next day, but that he did
not steal the horse. AS to Palmer's
actions on June Sd he proposed 10 es-
tabllsh his presence in Potneroy all day,
and that he bought the horse from two
horsedeaiers at Stottsville; that he
| drove the horse openly.
| William II. Gregg, Lulu e. Hatton,
Lucinda VandeIsall. all OF Pomeroy ;
Marvin Hanna, q constable of Sads-
bury township, and Charles KendIg
testified in penalf of the prisoner.
Albert II. Palmer, the prisoner, swore
that no spent June Sd in Pomeroy,
4 where he was in the hay business, and
that evening went to church with M iss
Hutton.
| He said he went to bed at II or II. &c
and got up at 6 or 6. ID next day. In
the morning he went to Stottsville
Hotel and got u drink of porter. While
there two strangers came Ia and one
asked HIM il he wanted to buy Q
horse The men had six horses and
Bai,ey's horse was among them. he
bought 1T Tor $50, left the pheton ant
harness behind and rode tho horse tx
Wilson'S Two weeks later he took thu
, horse to Pomeroy and drove all aroune
: the county about two months. Then ht
! sold 1t to Charles Stokes. He lett tn
wagon in a woods and intended to TAX
! it home on the day he was arrested.
Palmer denied saying to Detectiv
Witsil that there was no use going VI
against that evidence. He said Witsi
, told him to tell Mr.. Bailey thst h
took the horse because he needed more
and it would be eaey for him and tina
. Witsil urged him to cry hard. but b.
4 did not cry. "fou know you did II,
! remarked the witness to Detective Wit
sill who was near the witness stand.
Some Sensational testimony was henr
at the afternoon session.
NJ 1873 Lydia Mercer, to whom Paine
is engaged to be married, swore tba
Palmer took her out driving benin
mony about leaving the phaeion in
I clearing to be taken home later. =,
"If you convict him, YOU will oonyit
8 an innocent man. declared the VII
n ness as she was about to leave the stant
9 Miss Mercer took scat In front of til
= jury box.
70 Mics lvogene Meredith Of Pomero
!, testified that Palmer was not at churc
10 the Sunday night he claimed he was.
p About o'clock the Jury retired G
10 the O arRe of Chief Justice Charles
70 Lore. -..... .l.,-.
, Albert III. Palmer was found gull
& in the General Sessions Court Fir
70 day afternoon OF the larceny of. a hor
70 from Samuel A. Bailey of Mill Cree
70 hundred. The jury had been out
rs little more than "a hours and for lor
i part of that time seemed likely to star
le disagreed. 1t is said that two MI
orr favored acquittal. The Jury recon
10 mended Palmer to the mercy of ii
re court. Howell s. England, attorney +
"a the defendant, moved for new tri
10 and has four days in which to fl
es reasons, and hence sentence was n
er imposed.
q. The court met Friday morning al
w at $50 in the afternoon, but the ju
o. was not ready to come in. Shortly aft
W 3 o'clock the court brought the jury i
and Chief Justice Lore asked IL the
al Was any point on which the court cou
OF HELM; whether it was the law or t
OF facts on which the jury could u
'ie agree. One of the Jurymen said it W
question Of fact and the forom
wanted to explain the trouble, but t
court would net hear him and sent t
jury back, although the juryman sa
ca they could not agree.
The court took another recess I'm
W. $50 O'Clock and by that time the ju
re- had agreed on a verdict Of guilty vi
recommendation to mercy. After til
Ter had returned the verdict. Mr.. Engla
on moved for now trial.