State v. Waller — 2 Del. Cas. 263

Majority

p. 263

STATE v. ROBERT WALLER and NATHANIEL WALLER.

Court of Quarter Sessions. Sussex.

November 16, 1829.

Stout’s Notes.

Rogers [for State]. Thomas Robinson [for defendants].

1. Elijah Hatfield, sworn. Robert and Nathaniel Waller, military commissioners, came to my house, took down my gun. I seized the gun, they caught me by the throat, threw me down. I called my wife to my assistance, she came to my assistance. Robert Waller struck me. Then struck my wife. She run and Robert Waller pursued her. Threw her down and tore her hair.

2. Philip Manuel, sworn. Heard Robert Waller call on E. Hatfield.for a military fine. Waller said he would not pay it.

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3. Purcel Tenable, sworn. I was present when Waller sold Hatfield goods for militia forces, and bid the goods off himself. Heard Hatfield make use of threats if his goods were taken out of his house. Waller called on Hatfield for the fine money before he sold his goods. Hatfield appeared enraged.

4. John Doherty, offered. A great deal of blood. Waller was much injured.

5. James Stuart, sworn. Waller’s head was cut, his hands scratched, saw him dressing his wounds.

Submitted without argument or charge. Verdict, guilty as they stand indicted. Polled and affirmed.

Fined $2 each, and committed.