Delaware inquirer. (Wilmington, Del.) 1859-18??, 1859-05-28

home, to leave his premises and attend to hi
own business said IL no took the fence dow
and the neighbours stock got in he woul
turn it out, but il Mr.. Casperson got in he mus
take the consequence; Casperson said Buch
anan had as much property to destroy as h
had took the scythe and went to work
Buchanan went by witness toward Casperson
looked around and saw Casperson inside o
the scythe; prisoner made jerk and then hi
made another; could not say the weapon
STRUCK Casperson the jerk was low, they
| grabbed together helped to take him home
pulled his right boot off and found blood in III
fell OH the scythe; when he was taken OF
the scythe, Mr.. Buchanan asked for hand
kerchief to bind up the wound we picked
him up, he asked to be set down again: as
soon as he was on the ground he tainted the
thigh bled good deal found blood in his
right boot came back in about twenty min
utes from Mr.. Casperson's house Mr.. Cas-
person said he was tired the last time we sat
him down went back to the field found Mr.
Buchanan cutting lriars; lived on the farm ;
was assisting in putting up the fence ; don't
know whether he could identify the scythe Or
not ; thinks it had a gum handle the scythe
belonged to Mr.. Buchanan IL was not brought
to the field by the prisoner; was shown
the scythe; cannot exactly identify the scythe.
Cross-examined by Mr.. Rogers The blows
were made by jerking towards him this was
not the ordinary mode of using scythe the
first blow was low, the last one was high IL
was done so quick that he could hardly see
it; it was not done by swiug he was stan
ding after the first blow at the second he
fell was four panel of fence from them !;
witness was furthest from Casperson, was
looking right at them when Casperson said
here am" They grabbed together; pris-
oncr did not say anything. When Casper
son fell he said "oh my Go'i, don't kill me-"
Prisoner did not strike him again did not in
terfere between them; Casperson made but
one step from the fence into the field the
distance between them at the time Casperson
jumped over the fence was from four to five
panel of the fence. Prisoner went fast to-
wards him carried the scythe low (witness
here showed how he held the sythe when he
advanced on him) it did not more than clear
the ground.
BY the defcnce:-Do not identify this as
the scythe /; that was bought handle; the
scythe was brought around behind the pris-
oner: they were facing each other could
not see that the scythe hit him, he fell at the
second blow made no exclamation at the
first jerk the deceased was grabbing at the
prisoner when he fell on the scythe when the
scythe was taken away witness was not con-
cious of any other wounds but the one on the
thight; he made no exclamation of pain.
Mr.. Buchanan said go and get laudnum and
camphor; he said send for the Doctor; had
not carried him far before he tainted: do not
remember who tied his thigh saw the cut
in his pants before he went home after we
went to Mr.. Casperson's found blood in his
right boot had on long boots; knew moth
ing of the lower wound until he took the boot
off; had no exact knowledge of the distance
between the parties the scythe was on his
right side.
William fields sworn WAS not present
when Casperson came he was after rails {;
when he came mp and was unloading his rails
Casperson said damn his premises, and said
here am was farther along than the rest of
4 the men; when he looked again they were in
scuffie the horses started and had to at
! tend to them when looked again Mr.. Cas-
person had fallen was at least six panel
of fence off they looked as if they were
pulling the scythe to try to get it from one
another; when got the horses fixed and got
| to them the bandage was on his leg. Went
to Casperson's house with him; when came
back to the field the prisoner was cutting
briars can't tell if that is the scythe stop
ped in the house ten or fifteen minutes Cas-
PERSONS house was about two hundred yards
off; when he said ''here am, and you can't
help yourself'' the distance from the witness
was about six pannel of fence; at the time
the witness looked at them first the prisoner
was up to Casperson; both had hold of the
scythe; Casperson was inside; think he fell
on it he said he was tired and we laid him
down; Casperson had hold of the heel of
the scythe (witness showed what the heel of
the scythe was.)
Here the Court took recess until after din
ner.
AFTERNOON SESSION.
At ten minutes past o'clock the jury came
and answered to their names.