Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-11-05

mounted simply 70 tnlsi That Mopgar nau
lid the carriages as his own property, and had
ken notes. as pay fer the carriages in his own
anne. Thus endeayoring to prove that the
roperty was his own and that the transaction
nd understanding as 1t existed between Sharp
nd Mongar, was q fraudulent one, entered in
, with the view, and for the sole purpose Of
efrauding the creditors Of Mongar.
Inithe testimony elected by the counsel for
he defence, there really Appeared, as the
learned COUNSEL for the plaintiff remarked,
a great deal of chat and very little wheat"
lhecass was ably argued, and thoroughly in
estigated. The Court In charging the Jury
emarksd, that the point really at issue, was in
Ghom the, right of property really belongedi
nd whether the transaction was or not a fair,
lonest transactions; and whether 1t was tainted
" any appearance OF. FRAUD. The, charge was |
delivered in the &c Chiefs peculiarly concise |
tyle, and as admirer of Shakespeare once said |
Billy thinks just as do" The Jury retired |
ind after an absence Of about an hour, re-
nrned verdict in favor of the plaintiff, and
assessed damages to the amount OF
,ix cents and costs for the defendant.
Counsel for defence, gave notice that he
would move for new trial, and file his ex-
captions, in the required time.
Court adjourned until 10 O'Clock tomorrow.
-sg ',s'1 Friday, Oct. 80, 10 o'clock, A. NJ
Court Of Oyer and TeIminer The Grand and
General Juties were called. BailG Of the Gfani
Jury being absent, Mr.. j. B Nickerson was mp
pointed to fill the va, annoy The State and the
counsel, (Messrs Eli ano Willard Salisbury for
the defence announced themselves In readiness 10
try the cause of tho StatePs James Jones my, in
dotcd fer the murder Of Henry Clay Ralston. The
prisoner was then brou into court ann MT Fisher
the part of the State, moved that james Jones be
put upon his trial The Jury to try the case we're
then called and con iderabie challenging ensued.
EnoehlJ Smithets, Esq opened the,cnae on the part
ne - nd al n arnlain thp HsaFioua
grades Of homicide and tic law in the case, as laid
down in the fboOks,' then proceeded with The ex'
animation. A. .H-. g..
shermizsr Fisher, swOrm-I was sitting in.my
room, reading, when the Logs all came own stars,t
six Of them), and passed out dooia- I'd not know
| that anything was tho matter, ppossd that
something had occurred to attract thoir attention,
heard some enc say they were fighting; went out,
and they were fighting; We caught hold of eaeh Of
them; 1t was quite dark they were not striking.
I said, boysiI don't want any hghting, and they
were parted. james Jones said he did not allow
any person to sarse him. After flwent in heard
enc Of the boys say that they had gone to fight il
out As went out heard Henry say, I'm cut
I'm cut WhenI get there Jim was down, Henry
on top holding him. took hold Of Henry and said,
beys you shant fight here. Henry remarked again
I'm cut badly, and Jim said did not cut him, for
1 had nothing but barlow knife. The boys went
into the house and saw blood, and said jim,
yes you have cut him. Henry seemed in yrcut
deal Of pain, and 1 went for the Doctor set up
name. The next day asked, how he felt, be said,
he felt better. After awhile he seemed worse and
l sent for neighbor. We could not rouse him
sent for the Doctor and he could not rouseLim II
took place on the 10Th of Inst September ut the
house Of Governor Tharp, whore i've In Mspillion
Hundred. James lived with me. carried on tile
steam saw mill. Henry lived with uie two years
jim Is free negro, but understand he had been
slave, although he has worked as free man lie
lived formerly with John Jones-the father Of Dr.
Waitman Jones. have had no conversation with
him since the day he was arrested. He said he was
sorry he had dspe ii, but denied cutting Henry on
tne pght OF the transaction. frcvfonsT's Inquest
was held over the body.
Gross examined II did not sec the matter. Henry
was the sioutest, and able TO whip Jim. | always
thought that jim was threatened with the consump.
nan. do was peaeeably and quietly disposed, and
sustains good character Henry was on top =
When interfered Henry said "let him alcne -
When In the yard Jim did net seem teluc tant to
part ifom Henry. L never heard Jim curse or see
MIN drink. The boys were close at hand whom
they were fighting. Jim lived with him me three
Yeas. a
Jesse kesnan, sworn.--I know Jim Jones He ia
Tree man. have known him three years. He
worried Tor me and Mr., Fisher, in MispilliOn Hid.
know nothing Of the matter until after II took place
was IN the store. Mr.. Fisher come in and inquir.
ed Tor sticking plastev. went to the house found
Henry In the kitchen In grent deal of misery.
got tue sticking plaster for Mr. r. When the Doctor
came and examined the wound, he said, he thought
oHtJ - hihiuB uualTs Uul LHONBul inherent
~. Ae seemed better next day, but after awhile
got worse; cent for the Doctor and the ofisor The
dosior came, examined Henry and said "the whole
world could not save him." | tied Jim and then
tolu MIN that Henry was worse, and was gcing to
keep him until the officer came. | asked Tor the
knife and he told me it was In his righta.pocket.
asked him what he cut Henry for At S stNge OF
tne examination, the counsel for tho oe ques-
TONED tue court II confessions made er these
the ground That tie pfisoner Tas "a t;n ,tarS
and md therefore the cODfsssSEsbEt i VI evidence
~ tt1'h, did bis duty and any cont 1ns mad.
| under the circumstances, Should be take as though
made In tho presence Of an officer. Ard remarked
that testimony, to be excluded must BID made under
| threats or promises. ...a
| Witness proceeded Il took tho knife from his
| pocket, it was barlow In few minutes the DR..
drove away, and before he was out Of sight Henry
| was dead, jim asked what would be done with
him. told him, he would be hung or sold South
gave the knife to Mr.. Fisher
Cross-examined Jim made no attempt to got
away. He had beon to Milford, and did not knsw
Henry was worse | took means to proven this
Knowing it,
DR.. Frederic j Owens, affirmed On the 18th
of September, was sent Tor by the Coroner
to hold post-mortem examination OH the body
of Henry Clay Ralston. When the body was
exposed ! discovered four wounds Three
( on the back and one in the side, and some
smaller wounds on the arm, The wounds were
OF a penetrating character. The wound on the
side was between the Sth aud 9th ribs, thr, G
inches long. 1t penetrated the wall OF the
chest and into the Diaphragm. The wound in
the diaphragm was two inches long. The sto
mach and left lung were injured, but the hear
and abdomen were not. The lefhlung wal
small, had the appearance OF being compressed
and was discolored, when the stitches were cut
with which the wound had been dressed. aI
came ont. There was about half q pint o
blood in the body. | think he died OF IN,
wounds. did not attend him.
John Ralston (negro,) sworn--l am no xii
10 Henry-we were raised together. / wa
present at the fuss. We were all up stairs.
Jim said something about lamp. Henry toll,
him to go to hell. Jim said, yon wont &c dow
stairs and tell me so. We all went down stair
and they chung in the yard. They were part
ed, and as we were going into tho house, jim
muttered something, and Henry said, sc don
value YOU" Jim then said, walk into tn
road and will give you satisfaction. Whe
got there they were fighting, and 1 hear
Henry say, my Lord Jim has killed me.
helped part them. The fuss commenced abou
q lamp, there were four or five minutes be
tween the two fights. don't know which slruc
lirst. They were down wnen went to Their
IN the road They were parted Immediately
heard no ticks struck, saw none. Neye
heard Jim say who struck first.
Cross examined--I was not in the yard whe
y commenced. Henry was on top in the road
Mr.. Fisher took hold of Henryszf hook hol
Of Jimi l don't know which was the hes
man.
VIM. Lewis (negrO,) sworn-Hapry was il
ped had gone to bed. Jim got mad, some
thing about lampi one WORT brought on an
other, and they went down stairs. When
got down stairs they had been fighting, Blu
= had Deen parted. l heard them in the road
got there and they were down, and we snatch
: cd them apart. Don't know when the cut
were given. Henry was the heaviest, bot
Gross examined-Henry was on top. dor
I know anything about the lamp. Jim elaine
, | IT. Henry would not give II 10 h;a IA; -.