American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1822-05-21
COURT OF OYER AND rERMINER.

WEDNESDAY, LIST MAY, 1929.
Three black men named Caldwell, Ross and Cook
who were indicted for the murder of Samuel ALI
wine, boy about or years Of age, were put
upon their trial. 1t appeared In evidence, that on
the second OF October last, between seven and eight
O'Clock in the evening, just as the mother of this
child was shutting the window, a black man rushed
10 and knocked her down with an iron bar which he
had in his hand he then knocked down her daughA
ter young married woman, far advanced in her
pregnancy; and afterwards struck the boy on the
head with the same instrument. The two women
were severely injured the daughter was senseless
for two weeks and the boy whose scull appears 10
have been fractured died of the wound on the TWEEN.
teth of October, eighteen days after he had recev-
led the blow 1t was alledged on the part of the
prosecutions that CadqveA was the man who struck
these blows and that the other two were outside.
near the house, watching and of course aiding and
assisting in the outrage and murder committed .--A
The evidence of the mother and variety of other
Testimony was given, accompanied by circumslan-
ces, to prove the case the part of the common.
wealth, which was encountered by testimony on the
part of the prisoners The prosecution was conducts
ed bv Mr.. Kttera and the defence BY William NJ.
Meredith Thomas Dunlap and James e Biddle.
lesqs. The prisoners counsel insisted that there
was not sufficient proof Of the identity of either of
| the prisoners and that the offence committed
amounted only to murder in The second degree. To
their arguments Mr.. Kittera replied in a concluding
address OF about hour distinguished for its un.s
common eoquence and forcble reasoning, especial.
lily the facts and the several links in the chain Of
Testimony, tending to bring the charges home to
the prisoners.
j Judge Hallowell. PRESIDENT instructed the Jury
THAT the decided opinion Of the court that the
man who struck the 6lo7vS, whoever he was, was
guilty of murder in the first degree, and that the two
men who watched on the outside, guilty OF aid.
ling and abeting him and hrincittais IN that Of
Il fence and guilty an the degrees that as TO the
identity of either all of the prsoners as connect
led with this transaction, 1t was lett 10 them as a
lqueston of fact which it was their excsiue hrou-
nce TO determine; that although il was their duty to
Ibe guided by the opinion of the court in hoint Of
a4v yet they had the physical power Of deciding, if
sthey chose to exercise it, both tie tc7v and the fact
that If they entertained any reasonable doubts with
respect either, their safest course would be To
n give them an operation in favor OF the prisoners
81 The jury retired at about half past nine o'cocls
in the evening" and the court adjourned till l1-ae
which time they returned and declared that tbey
could not agree they sent out again and the
court adjourned till eight Thursday morning, at
(which hour they again returned said they had been
Iuh all night qvitho1f Seeh and after every effort.
found it IMPOSSIBLE to aseee and that they nevrr sho,
Iagree they were however sent out again, and did
mot return into court until one O'Clock p. NJ when
lthey declared that they could unite in oDinon
1Ianu OnG StulcIldh ohiu HC WOuH perish before he
would agree to a verdict which he deemed contrsry
to his oath and his conscience The Jury declared
that with respect TO the two prisoners Ross & Cook
they agreed and ready to give their verdict -;
1. but the court would not receive partial verdict -
4 With respect to Caldwell they said they all agreed
las his identity and that he was the man who sruc
: the blows on the women and killed the boy bue
= they could not all agree that his crime mu der
in the first degree, some Of them deeming 1t muir,
e der in the second degree.
( The court, after much reflection, and on conside.
ration of The modern adjudged this subject,
Y Especially the case of The People VS.. Robert M.
IGoodwn. decided in New York in August 1890,
discharged the jury; and it is expected that upon
1.-THE reason and authority of those cases, the prison.
ers will be again tried at the next court of Oyer and
Terminer, which will be probably held in the Fall,
p|by the Judges Of the Supreme Court.
ri Pouioo,'e Do;L,