Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1858-06-24
Habeas Corpus.
Before his Honor, Judge Houston.
TUESDAY. Innn L Is

State Of DcLaW0re Us. Reuben Neuc0UiL-
For killing f. G. Cook.
john Noshell, sworn.--I happened alon,
there on Saturday; bought liquor of Cook a
, the Store; Newcomb's wife passed the store
after she passed. he threw down the bottle
Cook got pistol and put it in his pocket; New
comb was standing in his own yard, Is yard
back. Cook said, "l'll kill that man if IT'S tn,
last man in the world, and the ID niroe
t0o-' put heel and run, and heard no firing
After shutdown. When he spoke, no other per
son was IN sight; he was looking at Newcemb
When was running, met Keith. Mrs. New
comb was going away from him towards Ken.
ton. The pistol was three barrelcd.
Sam'l jackson, sworn.-Was down at Cook,
store before the shooting; had been at jim
Skies; ate supper with Cook; after supper
went home about 200 yards; it was 90 or 50
yards when the shooting took place; heard the
report of three or four pistols the reports were
as last as one could pull the trigger Of a revolt
yer. was in the house; my wife SAID there
must be murder going on there" went down,
When Cooks little girl came crying; | saw
| Cook yl in the road. lie blcd a .iltle. He
died IN five minutes after he was Ia ken in his
house.
Cross examined -COok, inst before that. had
been to Skies, (negro) and beat him with his
feet and fists. Had heard Cook say over and
again that he intended giving NcWcomb rood
beating.
Samuel Summers, sworn--IIeard 1 reports
no perceptlble space between | and reports:
same between ID and 3D., none between Sd and
4th. ran down; found several men; took
him IN the house. He asked me 10 raise him
up; did so, but he fell saying, " Lord have
mercy on me" and died
m kpifh T,1 IL. L.
TO henton about night; saw Newcomb's wife
going up 10 Jones'; | came to the corner, met
Newcomb; gave me couple Of KEYS of his
house; told me he was going to Jones' after his /,
wife. Cook came out and looked up away from
Newcomb; spoke to him; he did not reply |
he wheeled and started after Newcomb; heard |
them talking loud; looked out and heard can
burst; short time heard 3 or reports Mr.. !
ilackett was close by them; he had passed bv |
them. Went back towards his yard aud New.
comb came back to his house. lIackett was of .
about 90 yards; heard Ncwcomb say he was
sorry he Trad il to do; did it in sclfdcfcnce.
Cross. examined When saw them torcth-
er, Cook had got beyond Newcomb headed
him off; when Cook went after Newcomb, he
was cursng and swearing; when saw them
together, Newcomb was stepping backwards
lidn't see pistol in others hand
Henry llackett, swOrn.-Was coming from
he crossroads; Newcumb passed on and Cook
oIlo~cd carrying what | supposed pistol in
lis hand Cook threw up his hand when he
got opposite Newcomb; heard cap snap and
our reports. 1t was too dark to see who fred.
When they came back talking, before Cook
ell, heard Newcomb say {" | told you YOU'D
latch It," Invent back with two men on horse
'ack, and helped TO take him to the house; saw
Cook fall. After ! lett the house, jackson held
Up slngle-barrcled pistol, and said i" here's
cooks pistol, it's got load in it, | did not
examine It,
Cross eXamned.--Seeing the pistol in Cooks
lands, thought spree was out and stopped
nd watched Cook got either opposite or a lit.
lie beyond and crossed over towards Ncwcomb
vino stood still.
VIM. II. Taylor, (magstrate,) sworn.-Now-
oElb was brought before me and made STATE.
ncnt which | reduced to writing. (The state.
ncut was then produced and read by Attorney
General.
Joseph F. Jones, sworn. Ncwcomb told me S
o 90 with him; he said Cook had snapped
'sto at him and he had shot him that he had
o do it or be killed himself Cine witness re-
eatcd the substance Of the statement1 lie af {
erwards said that he should give himself up as !
e was afraid Cook was dead
, Luke w. Covcrdale, sworn.-Said that New. J
omb had told him the same as he told Mr.. |
ones.
William Pratt, sworn.--IIavc heard Cook G
hrcaten Ncwcomb; was at his store, and he
aid (taking out revolvcr) he wanted to put
hree Of these balls in Newcomb and the other
wo in his, Newcomb's, wife,"
Mr.. Smlhers, counsel for prisoner, stated
hat the commitment being defective, his Honor
s committing mag lstrate, could either hold the
prisoner to bail or discharge him. No argu- J
nent.
Judge Houston stated that he thought il
ase to go before grand jury, and ordered the !
prisoner to be discharged in $1,000 bail -
Surety entered and prisoner discharged
Porter.