Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-05-28


Iarr, at The Practical Farmer, Braady,oine Han
red, on The 5th Of December, 1856.
The Court convened at 10 O'Clock on Thurs
lay, Chief Justice Gilpini Associates, MILF
AN, Wootten and Houston on the bench
p. + lsher and L. Joyce Smith
ri, Esqrs., for tho State, and David Paul
Brown, George O. Gordon and David Pau
3rown jr., Esqrs., for the prisoner.
The Prisoner was brought into Court and ar
aligned, when he plead "not guilty"
AT about half past ii O'Clock the panel Of
jurors was made up as follows
George Clark, sworn; George 4. Clark, |
worn; lsaace Stats, affirmed William NJ |
sworn James l.. Carpenter, sworn
William Walter, sworn; Richard Brindley
iwornj Caleb Way, affirmed; John r. Rees
sworn; Jacob Finley, sworn James NJ. wat.
son. sworni William Peach sworn.
The case being opened by Mr.. ATTORNEY
Gen. Fisher, the following evidence was called.
Alkaline ). Nichols, sworn-Two persons
came to our house about 10 O'Clock, (ths man
ut the bar with one eye is the man, recolect
him and another one coming and calling for
breakfast Their manners were very unbe.
and swearng-I waited on
them. About ten Minutes before the old man
was hurt, they were diputng about quarter
of dollar. The old man, David Carr, was
leaning over the bar. This was between and
8 O'Clock, p. M, December 9th. | PASSED on
up stairs and heard q s;utile; David Mcclure
had just como iu; no otter persons were there
but the other and the prisoner and David Carr.
The dog was barking. rhe next thing heard
was" God damn him, ill him." Not many
minutes after went Up stairs, heard this,
recognized the voice of Davis | came down
stairs and saw David Carr lying on the porch, Z
one each side of him. They had got out Of
tho bar-room, and through an entry i or feet
long, into the porch. No one but myself and
the other came III. He came in and knocked
Patrick Connolly down with his fist saw
q club lying in tho dool heard neither of
them speak after | cam, down David Carr
spoke after they left. nodid not express any
apprehensions ofdying; inp few minutes after
wards he tainted, and nevctrecoyercd or spoke
again, until he died, about q hours afterwards.
first saw Pat Connolly at til. foot of the staira.
the other man knocked him down with both
fists, and Jumped upon his ace. These men
were about the house all the morning, There
were other man there to DINER. There were
about or men including m, husband. Tbey
had all left the premises beto this recontre
took place. There were no prison else about
ont David Mcclure. (Club prodlced.) recog-
nze the club--it had been stnding by The
bar-room door betore-for porous had been
examining it. 1t had been remtyed some dis
TANGO. did not SEQ either of these parties
with it. When wont on my fahor was in a
dying condition.
then?
(Qnestion by Mr.. Fshcr)-Whm did he say
objected to by Mr.. Brown. Olcrruled By
the Court. tic did not express my idea o!
dying did not say anything to him about
dying; l told him il he had clulbcd those
scoundrols from aboutthe house it would have
been better for him. The club was wing some
or feet from him. | distinctly heard the
voice ofthiS man Davis, saying God Glmp him.
XIII him. did not hear the otherman saw
much. This MANS tongue was gOin, all tho
time, almost every other word was IN oath,
This was in Brandywine Hid. December 9th
1856.
Cross examined by Mr.. Brown was nel-
| lhanent resident of that house. Had been
there years. On this day the family consist.
ed Of my husband, . boys, hired man, and
myself. These men came here about III or 4
O'Clock. do not know who was in the hollse.
they were in the bar-r0om, and was in the
kitcheni My step father was in the har.room;
John Pennel, Ioratio Morton, William l..
Grubb, came in afterwards / do not know
how long. | was not in the bar room. There
Is Il small room and entry between tho blr-roon
anu the Kitchen. This man was talking all the
ii'ne, the other man appeared TO be asleep.
was not in tho bar-room all the time. could
see them as passed by. did not 500 them
drink anything, do not know that they were
drunk. went up stairs into room above
the bar-room, about 10 minutes before tho old
man was hurt. did not hear anything fall. -
only heard tho scuille. When came down,
l tnlnd one OF these men standing each side
Of the old man who was lying on the porch
Neither of them had any wonpon. Patrick
Cohhely was there as il no had Just got III
ron being knocked down. Neither Of them
sad any thing. Thomas Pierce brought tie
club to the house. saw Thomas Pierce there
on that day, on tho porch, do not remember
do not know whether it was before or after
'htse men came Did not see him bring the
stick. The stick had been standing uutsidu
the h0r, not far from it. The first time saw
II after the occurrence, it was lying partly in the
bar room, and partly in the entry ABOUT fee
from Patrick DOunclly.
There We're several chairs outside the bar
none ON the porch. The chairs were in thcil
ordinary position. did not speak to them
| They were sober enough to run: There wer
no other persons there for 10 minutes | di,
! not SEQ any one have the club; James D.yis
was Oh the porch, while the other party scut
lied with Connolly He run off, did not assis
his friend; lie did not touch any body, no
attempted to do SO.
Direct examination rcsumcd-There was no
| thing said after came down, by either party
saw Patrick Connolly, knocked down by III,
other man. This man said down with tn,
other mali-'' God damn him. kill him" | mi
down stairs at once. Patrick Connolly wa
stunned. By the time he got up, these moi
| had run off, and got nearly to the river. The,
did not staggcr while running. When Patrici
| Connolly got up, had raised the old man M
| The river Delaware is half a milo from the
| house. The Rail Road passed close by. Thcr,
is station about miles oil. Did not heai
them say any thing while running Oh.
| Characterization Resumed Davis came in
side the entry door after | came duwu, to picl
up his coat or bundle. lie di,ln0t go behind
the bar. helped my father up-washed hin
-hc walked few steps and fell.
lloratio Morton, sworn.--L was at David
Carr's house, on Dec. 9TH, about II o'clucI;
Saw two men there and the old gentleman
| VIM. l.. Grub was there. Saw tho prisoner
there. | left there in about ID minutes, l.f
| before William l.. Grub did. | left hin, them
| saw these mon conversing; did not see any
! money handled then. returned between md
. O'Clock and got my dinner; these two mEn
| were still there; | left between and 2 o'clork
the old gentleman was well ant hearty, he and
| ate dinner together he then went into tbr
| bar-rOom; paid for my dinner, rot a Sem
and Went away, | did not see the stick. do not
know any thAg about the death Of the Old Gen.
! tleman | saw these two men about 4 u'yInrl
| NJ ut Marcus Hook, the Practical Farmer i.
about miles from Marcus Hook. These men
were walking ON the Rail Road, coming lbi,
way, as ii coming to the cars they were moi
walking very fast, the train of cars had passed.
hut run back on the sideling, did not see then
afterwards.
! CroSs-examined by Mr.. Brown. ! live a,
Marcus HOOK. When first got to that house
saw Mrs. Nichols in tho kitchen, besides those
! before stated, there is Il room ami uutrv I,a
tween the bar-ruOm and kitchen, those two ,ner
came in out of the other room, one sat dow,
by the stove, Mr.. Carr was in there, did not So,
any one drink, was not there over 10 minutes
When returned at 10 O'Clock, those men ,yrr,
still there, sitting in tho bar.room. There VA,
no conversation remarkable, no drinking. the,