Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1829-04-17

character, summoned by our Jackson slierifs lave
reported on the Indictment preferred agangt Charles
WIcklfe, for killing Mr.. Bennlng-as the first
count, for murder, true bill, and AS to the sec
ond count, for mansauehtcr, "true bilP'-So
much for the ..HoRRIp murder and asSass'nation''
spoken of in the Last Argus and public Advertiser
with such Gend.like pleasure The accused will
no doubt stand his trial at the return OF the caplas
This is precisely what we expected.-our inlor-
nation induced us TO believe as we lntimatcd last
week. that such would be the conclusion OF the eT
parte enquiry by the Grand Jury.
Young Mr.. Wicklfe as we further understand
failed to appear according to the stipulation OF ms
recognzance; having been advised by some friends
To absent hipsrlt until the excitement OF the time
and place should subsidc. His father, who was ban
for hm, peiitoned the court that the recognZanct
might be rcspited, stand without forfeiture, unit
the eth day OF the next term declaring IN his peti
ton. that il was his wish and firm belief, that hi;
son would appear, and answer to any charge which
might be presented against him. We do not know
that there has been any decision on the petition.
We have taken some pains TO enquire INTO the oc
currence, and having, as we believe, got at the
truth notwithstanding some variations IN the ac-
counts received through different channels, shall
endeavor to give salts factory account OF the
observations, stopping TO enquire INTO the general
fitness of publications touching causes pending IN
court; for in this particular case, the publications
Ola mass of misrepresentation will fully justify the
PRONUNCIATION of the truth even if it would be i'm
proper IN other cases which, by the way, we do
not admit.
Charles WicklifEe called At the office ofthe Ken
lucky Gazette, about O'Clock on Monday, the 9th
Of tins month, to demand the author of the abusive
and scurrllons pieces, which had appeared in that
AZ l,Iah
ed from it last week.
lie found Mr. Bennng at the Office, and made the
demand Bcuniug protested to wish to have in
tcrview with the author of Denlalus before mention
ing his name; and appointed five o'clock the same
day for Wicklie to call again at the office.
o. Gen dcCalla, the avowed author OF Denta-
tns was uen in the Gazette office.
Al the appointed time (5 oclock) WicklfTe call
ed again Bennng pretended not to have seen the
author OF Denta u-, and proposed further delay
until elGh the next morning, that he might have AZ
opportunity TO see him before giving up his name
-Wckliite aa.ented to this further postponemcn,.
II afterwards appeared that Mr.. Bcnnng was to
iecue Ike place by that tine.
II being settled that Wiclslife should call again at
eight the next morning, Eennlng addressed HIM in
sarcastic and sneerng terms reproaching HIM for
having written the piece Cur.olanus, IN reply 10 the
attack upon ms tdther ana teDg nun, gun SHeef
that the author OF Dentatus was the last man he
would wish TO meet when he came to know his name
(Snch was The Substance of the rcmarks-we do not
profess to give the words Wlckli,e replied in
harsh language, applying the cp!thet :" rascal TO
Benning.
Bnnnng then set upon Wcklifc with a cane
Wckllllc rot hold OF the cane with one hand, while
with the other he drew tle pistol from his pock-
eli with which he instantly fired at Bennng. The
latter. he saw the pistol, let go the cane
to turn and run BIT Wickhtfe' motions were too
quick Tor him the ball struck his back, ohliQucy
from The pistol pointed downward. at an angle of Ia
degrees. and ahe he was yet within three feet Of
Wickiillc
B.nnug did not fall, brt continued his retreat in
TO another room. Wickfic went ont into the street,
and remained some time near the door without be-
ing aware of the effect otthc shot and expecting
renewal Of the attack in some other form. Find
ing his was not intended, he retired.
Now whether this homicide was ercuSnJle by the
law of the ant whether by the strict rules OF the
common law Of England. IT would amount to man
slaughter. may. perhaps, depend upon the sze of
the stick and the degree OF danger IN which Wick
life might suppose himself to be placed in by the
attack, OF these say nothing--not being mi
nnelv informed. But this we may say, that what
ever an English Jaige and an English jury nigh,
make of the case. il i Jury can be found here, who
will lind Young WiokTe guilty Of any crime. under
these circumstances il will he by su,;h verdict az
we have never yet heard of IN Kentucky.
Hemacky Commentator.
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