Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-11-05
SulleriOr Court.

The evidence in the case of the State against Samuel
Simmons indicted for the murder of Nathan Simmons,
was closed yesterday before the midday recess OF the
Court The counsel for the defence declined to call any
witnesses The additional witnesses for the State did
not essentially change or modify the story told by
Standard and Hickman Some persons were examined
in regard to expressions used by the prisoner both be-
fore and after the fatal event. going to show the ana
mus with which he acted-to indicate the existence of
malice and of preconcert between Samuel Simmons the
prisoner on trial, and his son, John B. Simmons, who
ripped up Nathan Simmons with knife.
The counsel for the defence labored faithfully, ably
and ingenousy the jury having been addressed by T.
G. Miller, +. G. Haywood and S. Langdon, Esqs, for
the prisoner and by Solicitor Strange for the State
The jury having been charged by His Honor, who re-
capituated the evidence and stated the law applicable
thereto retired between seven and eight o'clock, and
returned after absence Of less than half hour with
verdict of guilty" This generally anticipated
from the evidence and the charge of his Honor. We
understand that the defence asks for trial. except
ing to certain points of law laid down by his Honor
An appeal has been taken to the Supreme Court we be-
levc.
The Court this morning entered upon the trial of the
case of Lucy Ann, negro woman, belonging to Mrs.
Waters of this place. indicted for the murder of Mrs
Taylor some time since in the town of Wilmington
The first witness was young negro man named Ben,
who testified that grandchild of Mrs Tayors had done
something to child of the woman Lucy and that Lucy
had said to the white child, what did you trouble my
child for -that then the white child out of the door
of the Kitchen where this matter occurred, it being
frightened and struck itself in some way That it
went into the house-hat presently Mrs Taylor, the
deceased came into the Kitchen having stave in her
hand-that she asked Lucy why she troubled struck
the child-thAt Lucy replied that she had not done
that Mrs. T. said she bad-that then he Ben went from
the kitchen to the house and told Miss Taylor who
at window that there fuss in the kitchen; that Miss
Taylor Immediately went out. When Ben left the
kitchen Lucy had pan in hand and spoon in the
other. When Ben next saw Mrs. Taylor, she was ly
ing in the piazza of the kitchen towards the dwelling
house
Miss Taylor testified to being called by Ben-to lind
ding the woman Lucy with single in her hand raised
as against her motherto telling Lucy to 60 away from
the kitchen, and Lucy saying she would do no sucE
thiDg-she placed herself between her mother and the
negro woman, and told the woman that she should not
strike her mother-the replied that SHOULD
strike her either When they got to the door of the
kitchen, Mrs Taylor commenced to sink down exclaim
ing, Oh, Annice," Miss Taylor supported her
called en- Lucy for Gods sake to bring some water
Lucy did not, but still kept the single drawn if to
strike When Miss Il. first Lucy, she had also what
appeared to be u knife in her hand.
Miss Taylor then called out for Ben and Mrs Price
who assisted her. Ben carried Mrs Taylor to her bed
Mr.. Price went after doctor Doctor Midway came
he told her he could do nothing-her mother was
dead.
This is the testimony up to II o'clock.
DaiLu Journal 3Oh inst,