Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-12-05

This was an action brought by Mr.. Griffith for
the recovery of 5000 on a Promissory Note Of
VIM. F. McKee,given by him for kiln of bricks
purchased of r. NJ Griffith. The defence put In
the plea that the requirements of the contract
had not been compiled with, and claimed re-
duction of s374.7S Verdict for plaintiff and
Judgment for s9O915.
ii. NJ. Rile a. Co. Vs. Richard Smithers. --llar-
man for plaintiff; no COUNSEL for defendant. ver-
dict for plaintiff and Judgment in the sum of
$1860i.
Thomas Owens vs.. Samuel Campbell, Admins
trator.-Patterson for plaintiff; DUPONT for de-
PENDANT. Verdict for plaintiff and Judgment of
$295.03.
State vs.. Samuel Martin.-Indictcd for assault
and battery on Joseph Hamilton. The trial was
on motion of W. g. Whiteley, counsel for the
prisoner, continued until May term 1868, he en-
tering into recognizance for his appearance.
VIM. IL. Hunter VS.. James W. Birnie Patter-
son for plaintiff, Gordon for defendant. This suit
was instituted for the recovery of money on q
due bill of $500, given by the defendant, in this
case, to the plaintiff, 21st July, 1864. James W.
Birnie and Lewis II. Foulk were called for the
defence, and testified that the due bill had been
paid. The jury after an absence of u few miu-
utes returned verdict for defendant.
The general jurors and the eighteen special ju-
rors summoned in the murder trial, were dis
charged until Tuesday morningat 10 O'Clock, to
which time the Court was adjourned. The first
case then taken up will probably be that Of Booth
charged with the homicide of a colored man al
New Castle.
hI.
WILLIAM SMITH,
TUEspAY.-State vs.. Jamcs Booth, indicted for
the murder of William Smith, (colorcd) at New
Castle, on the evening of 2Sth day Of August
1867. Attorney General Moore and Deputy States
Attorney Rumford for State; VIM. G. Whileley
ESD. for prisoner.
The following named jurors were empannelled
to try the case: Foreman, Samuel Y. Wilson ;
Thomas s. Chandler, VIM. I. Dyatt, Samuel D.
Newlin, Lewis Graves, VIM. B. Ford, Edwin r.
Cochran, Wesley ]. Husbands, George w. We'll
din, VIM. H. Smith, Jos. G. Hutchinson, and
Jesse James.
John Wesley Smith, grandson of dccea scd, was
the first witness. Lived with his grandfather. On
the evening of the murder, went to the house
Aaron Roy, living next door to James Booth
tho a,,,o 81 p,,,or.o, s;,.;,s. -, paa,,,,s az,
s,.n f,,,na savoro, ,,orso,s ,,or. a. H., ho,,so
of Roy; was cutting up and laughing during
the time he stayed there; when the O'Clock
train came up, concluded to 70 home and go to
bed started for home, and as he was passing
along, James Booth, without speaking word,
stepped from behind the pump, and struck him
with club he Immediately ran, closely pur-
omen bo rushed in and fell ovcr n char STANDING
-, ~ aoou =. ,,a ..r,,, ,;,,a ,,osoa ,,,o ,,or
aar,,,,o h,ar,,,,, ,,,a ,a,s,, ,an,o aor,, s,o,r,
a,a ;na,,;ro5 ,ha oo,sa ,,hon ,o,5 ,vont 10 n.
,r;nao, ma al poot,' ,,,,,ot wos,o,, h,a ,,no
".ne" $50 $50 D -. " ' .'.,'
= ne nav ..sua ,.' D0o'. W., ~.
.'as ~ ~, p"s h.a ~. Wv
"ou'u s.o" nm "Aas ~ nav uone' ,,',,
Voc s.s.s ~ w VIM" s9As oas, 49,
- -. " pas M -. -, 49,, :,
~ mou ,ou W. "'-.ee p.epu o
~ 'ae ". -, "-lo" a.'1 ' ~,
PSI. - 40 .'n1 p'nh ~ 10
mno mao Jus. ia .no W. VI i,sns' ~ nv sa'n
i.'.''' Gu" wv ii,'an 'nu ..''u .no iero'' % ''
p'S'oi sa" poo'h run aio no,.'u n's siano'a'a'
= ~, -. ~ uo 80 ~ Il, 80 ,sn
uuoo'o,,a uu on his ie'uin iou'u mo si"n' .''ne
Ne''N. r,, N nv, ~ W . :,
e,,e.. W. nsa'
enri'cu nv nv" eN'uonee
$50 80" aSeN.''
,ra.,to Rae, ona E,;vo,,o,,, pov f,,oth co,,d
,os,;eod srh.,onti,Il,, :, ,,,o so,o f,c,s
MI, ,.,.,au., 80, ~, ar,ranno,,od ~, n,
roso,, ;,,n,, ,,oro d,sohar,ad INIT, to-morro,
,xor,,;r,. ~ N e,o,,ol,
Tho Court tool, = rocces mill an m
Aoron p Row and Samuel Waters nei,rbbors ,
doco,sed tostisod 10 tho tacts of thu tillin.r +,
stated ~ frat witness
Mary NJ. Waters testified that she heard Boot
cursino g nippers ), and saving that If he caur.
Wesley he would do more than he had done.
Cornelius Brown. Caroline Butler. Jane Gree,
wood. and Elizabeth Mower were examined, b.
s,otcd mn new facts.
sheriff IIe,bert testified MS to Booths briu
q tokcn into custody. and nroduced the pistol.
4 seven-shooter. Will, four loads still in IL.
: .Joseph A. Winning. n prison warden, tcstili,
that on the evening of the murder Booth came
the sberiif's Office and gave himself up. sayi,
. he had killed negro-Bin Smith.
DIR. John Merritt testified as TO the post-m
II tenn examination.
Geo. Woolaston, Gustayes lie Fevrp, and &c
u Ross French closed the evidence for the prosec
e ton.
DEFENCE.
> Mr. wb;tc,v opencd for thc defence and 3,
= that thew did not DENY that the prisoner had HI
nd thc man INIT cptered the nlea of INSANITY.
A Dr Crawford. who taught school Mt New G,
r. te in 1si1 or 1912 testified that Booth was
,,n;, had No memorv and at fines was melo
cha,I,.
). lanes Royers an nnc,e of Boot's. had tbou.
ic that tho latter since bovbooa has constitution
in discasc of the mind considered him as insane