Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-05-28
rRIAL nr sHEAY FnR MnRnER.

Joyce smithers, Esq, for the State. james r.
'ooth, Esq, Counsel for the prisoner. This was an
Indictment for the murder Of Timothy German, in |
he city of Wilmington, the 18th of January last
JaroTs Challenged, james L. Carpenter, John
J. Morrison, Samuel Wright, Philip R. Clark, Sam
lei Handy William Calhoon, Philip Marvel, Alex
lnder II. Davidson, John W. Zeleiro, Richard NJ
". Marley, Joseph Brewer, George 7. Clark Ia
lock Townsend, William M, Stuekert, Edward OAR
ington, John Tweed, Eli B. Talley, David Morrl-
son, Samuel p Dixon, George Klair, William Wall
ier John d. Eliason.
Jurors F1catsea.-JoAn 7. Simmons, Isaac Stats,
John L. Cowgirl, Marshall S. Chandler, Caleb Way,
acob Finley Caleb Taylor. n
The foilopiag Jurors acre lmpanmeted. jas.
NJ. Watson George d. Armstrong, Samuel B. SUIT
ton Richard Brindley Hezekah Talley, Isaac Price,
John r. Rees, John A. Moody, John I. William
son, William Brady, William s. Vandyke, James
B. Hail.
The case was opened by the Attorney General Mr..
Fisher who proceeded to call the following witnesses
Thomas Doyle sworn.--Ihe first commencement
of the fight was, Lawrence Doyle wanted to go to
bed when Timothy German and the prisoner had
quarrel about pair Of shoes This was on the 18th
January last, about 10 O'Clock at night in the city
of Wilmington It was in the kitchen Of Lawrence
Doyle and Terrence Burke both occupied the same
house. Edward sheay, James, Sheay. Michael Kim
cheler Terrence Burke, Lawrence Doyle, Mrs. Burke
and myself were present. II was about twenty min
utes after the prisoner came in that my father want
ed to go to bed he had been drinking; Timothy
German took one of his shoes of for him, when Pat
rick Sheay said that he g would like to see the
damned son Of bitch that would take the other one
off," Thimoty German said nothing in reply, but
proceeded to take off the other shoe. Before he
could get it off, Patrick Sheay and he both run to-
gether the floor Patrick Sheay was sitting down,
but got up and run at German; | saw SheRy down
| on the floor, but do not know which struck first
Patrick got UP and went out into the next ROOM he
walked into it, and came back i'll about twenty see
| onds with n knife in his hand twas or inche
long, kind of sailors knife with wide blade ant
sharp point he commenced to stick Timothy Cor
man with il; German had remained in the kitchen
and had hold of Terrence Burke who had Jane
Sheay down Terrence Burke had knocked Patricl
Sheay down as he reached at Timothy German
James Sheay down on the floor.
When Patrick Sheay came back he drew thu
knife and stabbed Timothy German in the should
or. Edward Sheay was present but took nj
part in the knocking down; Mrs. Burke had hol'
of Terrence stood by and took no part in it
The stabs of Sheay were given one right after thu
other; Timothy German ran out, and Patrick re
mained | did not sec German afterwards until
saw him Mt his own house. He lived to about thu
9th the next month, (February;) did not see Cor
man attempt to strike Patrick Sheay; There wer'
no high words passed between them
Cross-examined-This house is in Spruce street be
tween Fifth and Sixth streets in the city of Whining
ton. Terrence Burke and his wife occupied tire
rooms-the kitchen, bed room and u third stor.
room. They were all in the kitchen on that night
playing cards and drinking whiskey. was playin
with them and took two drinks. did not go afte
Patrick Sheay; hewent with lnc about seyen clock
and found the party there; playing cards; we sa
down and played too, until about 10 o'clock. w
went in the front door; there is alley leading int
Fifth street. When Timothy German came ii
about ten o'clock, we had quit playing. There wa
dead hog lying on the floor, and German offered
bet that he could put it on his shoulders. PHtrie
laid down on the floor and Gorman tried to lift hin
but could not. They then got up and Patrick ra
into German.
By the Court so,t Patrick Sheay go into thu
room; did not see Timothy uormans knife thu
night did not pick il up Off the floor patric
caught Gorman by the collar of the coat and Stable
him. German said nothing | saw no blood there.
Direct examination resumed-l did not NJ
blood there the next day saw blood on the pay
mont near the steps none of the stabs were low
| down than the RIBS l saw the wounds the blos
had stopped when saw them.
By Mr.. Booth-I never heard any one say tn
Patrick Sheay went into the other room.
, Monday aftei noon, May 18th, 1857.
DR.. Geo. X BaGer, sworn, was called TO $
Timothy German. found a wound between q
eighth and ninth ribs, rather below the heat. abb
or inches deep. The lungs wero pierced II
i. him il was dangeous one, but TINT it would not
s Immediately fatal. continued to attend him up
within two three days of his de lth The eae si
: took an unfayOrable turn about tho 9Th or g,a da
m He had had expressed his beliefto me that no wot
- never get we'll
=; By tho oourt-Gorman asked me what thou
u of him. told him that he was severely hurt.
re said that he lid not think he would recover
r (rhe dying declarations Of the deceased were h
admitted as evidence
mr. He said Patrick sheay had wounded him. Did
IA ask bim, after that time, how Sheay cam to do
or when-he saidthat they had been on such fiipn
srn ha b ad H9 Sss' as R aid n4
noise in Terrence Burko's house, he went II. =.
make peace F" His brother, brothcr.in.IaR u
vile were present when he made this statement
n This was about the 9Th or GtA Of February He -
that finding he could not make peace" he turn
= to so away, when Terrence BurEe's wife asked b
IL to put her father to bed, which he was abo,t ta
n when the wound was Inflicted, He died Of I
wound.
i Gross examined-I was called III on the morri
: Of the 9th ofFebruary, about 10 O'Clock WheI
e removed the bandage tho air was esiaring frem
V lungs. The wound had NOT been properly dress
L The proper plan to dress SUI wound, i, 10 DIR
4 the liz together, and retain them there. diess
the wound properly | ATTENDED him reguiEl
every day until within 8 days of his DEATH lie d
: on the night OF the 10Th February. The extern
wound had entirely healed. Such wound wo
n always be considered dangerous, but, iu cas-
q persons have recovered. The iphamma ton Of
lungs caused by the irritation of the wound and
r introduction eff blood and serum into tho sIbsta
n OF the lungs do not think the dressing OF
\ wound had any thing to do with the result. Hal
u Of intemperance would he against person suffer
u from such wound. In this case, tho intoxieat
l. and exposure 10 cold, had no i'll effect. Whei
saw him his clothes were taken of. He had
y much blood on his way home. He lived At I
= time IN SIKH below Spruce.
q Michael Conway, swoTn--Nas living at HoFml
a house at that time Was not present Mt any III
:. when the deceased made any statements 10 press
y OF Dr.. Baker, in regard to his wound. lie Had
u statement to me, some or day before be died
lie tNot admitted Never heard him say ang.h
n about dying Was not present at the ARRAY.
Of cross examination
IS Mrs Cttharine German, SWORN tHer tcstiu
/ was object d TO by Mr. Booth, but adnitted by
- Court This is the vest my husband had on "
!. he came home ON the night Of the 2Gti of janua
u These holes were in il then, apd there Eetc Won
1t on his body corresponding to them. (rhe vest
rs produced in Court.) The morning after he
a stabbed, be told me that he shou die, aud wal
J. me to take care ofmyseif and the children.
,e several times afterwards, expressed his idea I
he should nOt recover. He did gu ABOUT days
fore he died lie was out Of his head great I
!. did not know that be was in his own house
70 the time He was 10 his senses the cnief pat Of
~ time. tNo cross examination
70 Ellen Burke, affirmed-Was present. at the t
* Of the afray-I saw Patrick Sheay with the
N did not SEE him stab Timothy German.
= there all the evening except little while ,whe
I was up stairs-I went up stairs before The ttabt
g, they had been playing cards all evening, but
qnit. Was there when the old man e9rlmence
"a take oil his shoes.-Iimothy German took % o1
ne them, and pa,risk SbeGy bit German UveT the
10 with u. Did not see German Strike hheay
BIT know where shesy got the knife. wen rp 8;
= and did moi zee the knife agaip-I met Ti1'
l., Gorman as came down, hHd be told me lie
" stabbed.
i'd CrSss examioed-When came down sinifs ag
re l went into the kitchen, Patrics sbeHy was IL
he and push ed bin tot the door. lie ,hFsa snt
a. burst il in, and Terrence Burke hit Lila with
Don't know what time Patrick Sheay come q
VI that evening. Did not drink anything that Vi
le Don't remember what time they commenced pie.
lr- cards-ihey quit about 10 O'clock Don't i
ne whether they played for money or liquor. u
on was liquor there an they we're drinking. Ar. =
Ir- iurhlshed lhe liquor. ga ROT dtlhk any OF
on rA'tisE sheay came IN ~ the iIont 4oot va