Blue hen's chicken. [volume] (Wilmington, Del.) 1848-1854, 1851-06-20


GEoReEr1wN, Del, June l0ih, 1851.
The adiourne,l Courl of Oyer and Termner
for Sussex county, commenced here this morn
ing al 10 o'clock. Present Judges Booth, Mil
lgan and Harrington.
The only case Of Importance before the Cont
is that of Capt. Windsor, for the murder of his
wife, in May, 1850. The counsel on the part
Of the prisoner. are the Hon. Jas. A. Bayard,
of New Castle county, Hon. ]. w. Houston,
and A. p. Robinson Esq, of Sussex county.
For the prosecution, the Attorney General Of
the State, assisted by E. D. Cullen, Esq
Immediately upon the setting of the Court Ibis
morning, The counsel for the prisoner moved
for change Of uenue, and the counsel consul
med the whole of the morning session in argu-
ing the motion before the Court. The motion
is supported by the affidavit of the prisoners
counsel, setting forth the state Of public feel
ing In the county, and preindices existing a.
gainst the prisoner, il will be impossible for
him 10 have fair and impartial trial.
At l2 o'clock the Court took recess, 10 af-
ford the counsel for the State an opportunity 10
show cause why writ for change in rentse
should not issue out. 1t is very doubtful about
the counsel for the prisoner getting the case
removed. The matter will be decided this af-
ternoon. A number of persons are here from
all parts OF the county. anxious TO hear the
pleading and see the trial go on. The prison.
er is small man, apparently about 70 years of
age, and if convicted and the penalty of the
law be inflicted, cannot deprive him Of many
days. He is anxious, ! learn, to have the case
ltried, as he wishes to go home and attend to
business which, he says is suffering because
,of his confinement in prison.
/ The State Oyer and Terminer.
i VS.. Sussex Co. June 1881
John Windsor. The prisoner was iu-
dicted for the murder Of his wife Nancy Wind
sor.
I, He was arrnigned at the fall term oil 1850 and
pleaded not guilty, and the cause was coniini-
cd on his application, and proof of the absence
from severe illness, of Mrs. Betsey Windsor,
material witness for the defence.
A. spring term, 1851, the Attorney General
entered nolie prGseqnie to the first Indictment
and sen; another which was found by The
a Grand Jury of tile Courl Of general sessions,
and there being no Jury then attending who
:. could try the case, the Court called special
, Court to meet this day, and issued procla-
. nation for summoning 6ew Jury.
ID Mr.. Salisbury, Attorney General, moved
that Elisha d. Cullen, Esq, bs admitted tC
. aid in the prosecution. The prisoners counsel
asked that he should be required to state whe-
! y iher he appeared as deputy Attorney General
or as retained counsel. The Court granted the
Attorney Generals motion and left the oihel
i, matter TO the option as required.
y !, The counsel for the prisoner moved to qnasli
the array Of Jurors not returned, on the ground
= that only Is and not 4S Jurors had been sum.
y n moned 10 attend this Court OF Oyer and Ter.
T. miner.
a The Clerk of the Peace and Sheriff wers
y sworn, and proved that according to the con-
!" siruclion put by the officers required by re.
y cent act of Assembly TO draw Jurors, hey were
J." required to draw only Is Jurors in addition ic
the 30 already attending as Jurors in lha Su.
=, perior Court, which was also now in session
:, and the Sheriff had therefore only summoned
y 8 Jurors specially TO attend this court Of Oyel
!, and Terminer the other 80 being in attendance
y !, as Jurors summoned 10 The Superior Court.
= = After hearing Mr.. Bayard on this motion
, the court suggested that this motion to qua-l
the array Of petit jurors ought to be made afie
\ arraignment and plea, and directed attention Il
# that question.
" Mr.. Bayard then said he would submit, nov
!, motion, which he had intended to make al
~ subsequent stage. |. was for a change of re
:. nue., founded upon the afIidavils of couns l.
4, made severally; that from extensive nquiri {
and conversation, they wers satisfied there wa