Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1856-05-07
Court Proceedings,


MONDAY, April 2Sth.
GENERAL SEssIONs.-Chef Justice Harrinp.
ton, and Associate Judges Miligan, w ootten,
Houston on the Bench.
State VS.. James Sykes. indicted for assault
and battery. Guilty. Fined $40.
State VS.. Henry Brown, indicted for larceny.
Guilty. To pay $500 restitution money, and
be whipped on the Sd of May with fifteen iashes.
State VS.. Jos. Hess, indicted for larceny
Case continued.
TUESDAY, April 90.
State VS.. Wesley Anderson. Edward Ander-
son, and Henry Hayes, negroes, indicted for
assault aud battery. Guilty. Fined each SO.
=. ...,..- .....- WEDNESDAY, April ~.
State VS.. John Biddle. Appeal in bastardy.
Appeal dismissed.
State VS.. Dennis Murphy, VIM. Murphy and
Patrick Shay, indicted for assault and battery.
Not guilty.
THURSDAY, May LIST.
State VS.. VIM. Miller, Charles Comac, Pat
rick Twoky, Dennis Murphy, John Brunt and
Patrick Shay, indicted for riot. Miller and Co.
mac were found not guilty. The others were
not present for trial. Warrants were issued
for their arrest.
oyer AND TERMINER.-Thursday Afternoon.
The case of George Parker, negro, indicted for
the murder of his daughter, Violet Ann Parker.
child OF about three years old, on the Oath
day OF May last, was brought up.
Forty jurors were drawn before Danel
was Obtained fourteen having been challeured
on the part of the prisoner, and seventeen by
their own admission having previously formed
and expressed an opinion IN regard to the pr-
Oner's guilt.
The Deputy Attorney General. f. J. Smith
ers' opened the case to the jury, defining the
crime ot which the prisoner stood charged, set
ing forth tho circumstances under which the
crime was alleged to have been Committed. and
the facts which the State expected to prove.
Testimony on the part OF the State closed.
after the examination of the following witness.
es Levin Pettijohn, Mrs. Ann Bratton. Geurr.
Slaughter, Robert Thompson, Benjamin o.
NAPLES. David Harrington and Purne 'ssomp.
sou. The examination continued several hours.
and upon It's close, Court ad louned for one hour
Upon reassemblng at o'clock, N. b. Smith.
ers, Esq, counsel for prisoner, opened the case
Tor The defence, stating to the Jury. AMONG
other things, that he intended to prove, by COM
petent witnesses, that the prisoner was insane
at the time OF tho alleged commission of the
dreadful crime ofwhlch he stood charged. MIR.
.. read from number of standard medical
books TO show that the disease with which he
intended to prove Parker afflicted, was Eulen.
sy, and that while labOrlng under temporary
insanity, supernduced by this disease, the decd
was committed.
Nelson y. Cook, WIN. Pearson, james Uaw.
kIns, (n) John Colt, (n) Peter L. Cooper. C
>. Layton, Drs. Cowgirl aud jump, witnesses.
having been examined, the defence closed, and.
IL being near midnight, Court adjourned ;iIl 0
O'Clock on Friday morning.
AT that hour, the Attorney General recalled
several witnesses, to prove that the conduct of
the prisoner had, prior TO the commission of the
deed, been rational, and that there was no
ground TO infer insanity.
Ut. Wm Burton was also summoned, TO saw
whether the evidence adduced on the par, of
The defence, did not show tegned rather than
real symptoms ofepilepsy.
Ills testimony was objected to by counsel for
prisoner, on the ground that the Doctor mad not
heard ali the evidence, which objection was
sustained by the Court. But he was admitted
to testify as TO the general characteristics of
that disease; and as to such manifestations of
1t, "a he had witnessed in his practice also. in
regard TO the effects upon the system which
the large quantity of No. that the prisoner
had taken, would be likely to produce.
The Testimony here closed. MIR. Fisher
Attorney General, opened to the Jury followed
by MIR. N. b. SInIthers, on the part of the pris-
oner Mr. Fisher closed for the State. Chief
Justice Harrington then delivered his CHARGE
to the jury. They were James s. Richards.
Loadman +. Downs John West, Mark G. Cham.
Cers, Enoch David, Henry =. Madden, Samuel
John ii. Hofecker, Benjamin Tur-
ner, James Vineyard, Thos. Carrow and Theo.
dOre Johnson.
The jury retired for consultation, and after
about six hours, returned with verdict Of,
Gully Of Murder in the Second Degree.
WhercUpon, the Court sentenced the prisoner
to stand one hour in the pillory, to be whipped
with thIrty-tive lashes, and to be exported from
the State and never suffered to return to it |
again. lie will be delivered to his master af. |
Ter the lnHction of the corporal punishment,
upon his master entering into bond, with seen,
rIty, to take and keep him AWAY from the State