Delaware State journal and statesman., 1864-12-06

J-,J 'Nu"eitu NefulcI OF "NOt dutlty" with
out leaving the box.
Samuel II. Chatfant aud Joseph d. johnson.
indicted for tbs larceny Of brass clock, worth
Ten dollars, from VIM. d. Talley, BrandyWine
Hundred Bayarl for defendant. Higgins for
State.
one witness was examined, when the counsel
Tor the State rlated that they had failed to prove
what they intended, and the jury returned
verdict Of 'tNot Guilty"
Joseph Maurer was srraigued for robbery OF
1ne u, store OF James crippen, 10 New Castle
VIM II. Taylor was arraigned for the robbery
OF the house Of David Craig In IT. Georges Hd
Plead not guilty.
Laura Collins, (n.l arraigned f,r the theft
OF dresses, lG yards of muslin, chids dress.
Pair stocking, aprone, bopne,, yard Of
hannsl, from Patrick Finnegan. Plead guilty.
ANNE Armstrong, Johu McGOWan and Peter
boyle we're again arraigned for the robbery Of
the store of Worrell & Child, nolle prosequi
having been entered in the former bill AL plead
net guilty.
The Court sentenced Laura Collins, (n,l 10
pay $40 as restitution money and cost OF prose-
oulion, 10 be whipped with IL lsshes, aud sold
FOR term not exceeding years.
Lydia Ann Davis, (u,) was sentenced to pay
to Patrick Finnegap, the sum Of s74.75 as resti.
tuition aud costs of prosecution, to be whipped
Win II lashes, and be sold for term not e4-
eeeding yearp.
The court adjourned until three O'Clock.
WEDNESDAY, APTERsooN. court met at three
o'oloek-Siate ps Joseph Manrer Indicted for
breaking into the store If James Crppen, at
New Castle Verdict "duilty."
Richard Laliy, indicted for selling liquor
without license submited the case to the
Count, wha fuel him $40 and costs.
Court adjourned until 10 O'Clock to-morrow.
THURSDAY MoREis0 court me. Ut 10 clock
John Dandy was placed at the bar for trial.
Nessrs' Bates and Gordon appeared for the
prisoner. Tbs Attorney General, Mr. Moore
prosecuted the case for the State.
The following jury we're drawn and duly
sworn
WIN. Cleaver, jr George Jackson, Wm. WAL
ker, Jodn Bartholomew, Henry II. hcMullen.
Wm. II. Smith, John NJ. Bullock, Wm A. Psioe,
lewis D Harvey, Robert Steele, John D. litter
John W. Sullivan. -
Tbs indictment was read to The jury, after
which The Attorney General opened the case and
stated that the State expected 10 prove that the
crime was done with deliberation and malice -
he then proceeded to examine the Witnesses for
| the State,
| John Milton Ross, sworn-Resids 10 Will
mingtoa knew the prisoner at the bar; saw
man whom l was tOld was John Barnett; was
walking down French Htreet, accompanying the
9th Delaware Regiment; about twelve feet ahead
OF me heard the report of a pistol; then saw
man ialli saw John Dsnby fire three or four
shots at the man lying on the pavement; he fell
W1th ms face on the pavement; watched Dandy
until be surned the corner with officer Buck; il
was Il pistol Danny shot the man with; be held
it IN his right hand.
John Marshall, swoIn-Reside in Brandy.
wine; know the prisoner at the bar; have known
him ~ years. knew John Barnett 10 or L
years; | vas going down Sth street; John Dandy
asked me II was going down to see my son off,
when got in French street heard ths report
OF a pistol alongside of me; saw man fall saw
John Dandy step out aud hre three or four shots
at The man on the pavement; John Barnett was
me man lying on the pavement; this was on the
oth OF October, in Wilmington, New Castle
county; be shot him with pistol held 10 his
right hand.
kessiah W. Delton, sWorn-Was in the city Of
Wilmington on the Sth Of October; saW the
shooting in Fr nch street; saw the prisoner ERE
the hrst shot he fired at John Barnett. Barnett
immediately fell; Barnett was standing with his
lace toward the street. John Dandy came up on
HE tigLt side; thought the fret shot entered
aooul the shoulder. John Barnett had his little
glrl by the band. When he fell she was crying
MY papa. my papa" did not see her after. the
prisoner at the tar is the man who fred the pis-
tol, he fired three other shots The deceased
dd not move after be fell; did not hear the priso.
ner say anything.
Cross examined-John Danby was about Q
iett fiom me when he fred at Barnett; there
was no one between them and me-
Ala'y l., Perkins sworn- Live in Wilmington
do not know tho prisoner; knew John Barnett
saw the man fire The first shot; II was on the 9Th
OF Oetober in Wilmington; the prisoner fired
three times after Mi. Barnett feli did not hear
the prisoner mnkp usa cf H.
Barnett's daughter WAS with him when he wal
shoii he fell on his face his dasghter ran up 9Th
81. DO not know that the prisoner was the
man that fred the pistol the man held the pis-
tol in his right hand.
Cross eEauined-I was standing about twelve
feet from Ihe man who shot Mr.. Barnett.
GeoFgl7na J. Cole, swUiD-DO not know eiihei
The prtoner or Mr.. Barnett; saw three shoii
hreh after the man fell; did not see the first ebo
fredi saw Nj. Barnett fall; did not hear IL,
prisoher make use Of any expression. This wai
the eih OF October; ho held the pistol 10 hi
right hand
Aesiah W. Dalton, recAlled--Fhe prisoner wa
about tiVe feet lIOm John Barnett when be fre
the first shot, he stood over him when he Rre
The others.
Emma l.. Richards, sWorn.-Do not kuoI
the prisoner; know the deceased; saw the shoot.
lug; II took place in French street; saw the era
1
prisoner was standing right over the decease,
when he fired the three lasts shots; Mr.. Bal
netts daughter was with him; after he fell eli
ran up Eli street crying.
Pttcr MiliGr. sworn-L Live in Wilmington
! know tho prisoner, knew John Barnett did no
. s7e John Dandy Gre the Arst shot; heard the re
} port saw him fire at the man that fell; don
iecollec' how many ebois he fired; did not hes
him make use ot any expression this was 90 th,
9Th OF October in Wilmington.
, louisa Barnett, daughter Of the deceased wa
sworn-Wes with my father on the morning {
the 9th Of October; we we're going to see m
brother oil; walked with 10Y father from Mal
a ket street TO French Street, had hold Of h
: hand we were n French Street when faith,
was shot did not see John Dandy Gre the fir
shot; saw his coat after the first FIRE; my raths
' fell immelittly after the first fre; ran hon
Z uttir he was shot seid "my Door father
. sho, 90 we were looking at the Olliers marchiu
il down the street; did not see john Danby bsfol
n Occurrence; my falhor did not say anything; ga
smoke from the pistol between my father az
myself.
= Washington Mason. twOrn-KnOw John Dan
l. by; have known him about twenty years; kno
John Barnett; knew him for 10 or Is years. lii
y 10 Wllmingtoni saw tue soldiers going down 81
n etfeet ioEard French | went TO Seventh 81
10 French and aaW the soldiers turning the corn
At Of Eigh'bi l heard three distinct shots 6re
saw man run out of the ranks with pistol
bis hand he said "Damn him, will shoot him
At saw Dandy and Buck then pass me; went u
st the street and saw man lying on the pavemeu
ie assed who ii was; got no answer; turned Il
Of man over and said. "Aly Godl its John Barnett
got settee and helped carry him home; Il
cries of his daughter and wife were go pit trcil
= that could not stand II; saw Mr. Barnett
e. the morning.
Geo. II. p. Simmons, sNorn-Reside In Wi
minRlon; knaR Iohn nnnhv frnnn A hn,. In.