Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-11-29
REFUSED ANOTHER TRIAL
Albert H. Palmer Sentenced In the Court
Of General Sessions Tuesday.
IMPRISONMENT OF FOUR YEARS
One Hundred Dollars Restitu-
ton, Two Hundred Fine.
WAS CHARGED WITH STEALING A HORSE

The General Sessions Court Tuesday |
heard argument on the application of |
Howell s. England for new trial for
Albert HI. Palmer, convicted last week |
Of stealing horse owned by Samuel
A. Bailey The application was opposed
by Deputy Attorney General Peter L.
Cooper, Jr In his reasons, Mr.. Eng
land said:
That The verdict was against the
law, the court having charged tho jury
that reasonable doubt must inure to
the benefit Of the prisoner, and the
jury having shown that it had reason
able doubt by the length of time it
deliberated.
That the verdict was against the
evidence, the defence having shown
that Palmer bought the horse.
That the action of the court in
telling the jury verdict ought to be
reached had effect in having it do so.
Mr.. England called the courts atten-
tion to the constitutional provision
that the court must not charge the
jury as to matters Of fact.
That the defendant was allowed to
answer questions as to being convicted
In another court. Mr.. England claimed
Guub CUufb Dr6ftbuSly uoClutu
that defendant was not required to
answer such questions.
That while the defendant and his
witnesses were on the stand, State
Detective Walter Witsil, who was
interested in Palmer's conviction,
stood beside the witness box and
winked, smiled and made suggestive
contortions designed to affect the minds
of the Jury and that Chief of Police
Umsted of Coatesville had Eeen close
to two iurymen while the trial was in
progress.
Mr.. England also presented Palmer's
affidavit covering come CT the same
points.
Mr.. Cooper started to speak 10
opposition to the motion, but the court
was already satisfied to decline a new
trial.
Mr.. England drew attention to the
recommendation to mercy and to the
fact that the prisoner is cripple.
Chief Justice Lore told Palmer that
his attorney had done ali he could for
him, and in consideration Of the recon-
mendation, the court would remit the
corporal punishment. Palmer was
sentenced to pay 500 restitution
money, 5000 fine and be imprisoned
four years. He received the sentence
without betraying any great emotion,
although his face seemed to indicate
that it was hard blow.
In Superior Court Messrs. Ward and
Gray appeared for the defendant in the
case OF Neuman rs. Diamond State
Iron Co., and secured continuance.
Judgment fof costs was entered in
favor of the appellant in Joseph Evans
VS.. Q. F. Bauer.
Magdalenn Aker VS.. Lloyd, judgment
for plaintiff for s12.7l.
Union A. M. +. Church vs.. Webster,
Davis for the church, submitted to the
dismissal of the appeal and elected ue
stand on oertiorari in the same con
Pfromm vs.,P, W. & B. railroad con
tinued.
Lark VS.. city. continued for settle
mept.
In the case Of William Grow, Jr.,
vs.. Richard I. Cam, Jr., the court
ruled stay OF proceedings until thu
costs in a similar case discontinued a
the last term be paid.
William Ii. Tasker's executor VS.
Philip Clark & Co., Judgment fo
plaintiff for S657.
Bullock VS.. Harkins, Judgment fo
Hartins for $50 and costs.
Pritchard VS.. Henderson, eiectmen
case, continued, under peremptory rule
Frame vs.. Fahey, continued u1de
peremptory rule.
Artemus Smith was appointed com
missioner to take testimony in tn
case uf Elizabeth q. Myers VS.. William
r. Myers.
The case of Margaret Aspin VS.
Charles P. Cornell, was put on trial
Hilles and Bringhurst for the plaintiff
Cornell WAS not represented. Th
plaintiff owns property at the north
east corner of Fifth and Adams street
adjoining Cotnells property and claim
that Cornell has failed to repair a ston
wall, and fence between, thereb
causing $500 damage. 1t is elaine
also that the wall encroaches.
Assistant City Engineer Franoi
Price testified to a survey. Recorde
of Deeds Delaware Clark testified |
the titles to the property.
John Kienle, tenant of Mrs. Aspir
at No. 500 West Fifth street, swoi
been in bad condition for years, an
one day when he tried to fix the wa
a little, Cornell was going to lick hin
While kienle was on the stand, I'll
court drew counsel's attention to IL
fact that the narr alleged injury
Margaret Aspin's possession, wherei
the property is occupied by tenant
and the narr should have alleged injul
to the reversionary right Mr.. Brin,
hurst thereupon asked leave to witt
draw juror. This court declined th
and the PLAINTIFFS counsel dicontinut
the case.
Levin r.. Nelson was admitted
the bar on the application of Go
Benjamin Nields, and On taking ii
usual oath and paying the usual fe
The return of the commissioner in Il
divorce case of Ida Carter vs. Villa
e. Carter was filed.