Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-05-30

II In his room.
Eugene Rogers, sworn.--Resides on the sam
farm as his father; It was on this farm the KILN
occurred II Is In New Castle Hundred so,
Henry after he WINS dead the killing took plac
on the soth day of March witness hal loane
the gun to prisoner several times last winter; ha
loaned 1t To him two or three weeks before TIL
occurrence; John drove witness Into town nbou
O'clock on the morning Of the homicide.
DR.. John J. Black, sworn.-Saw the body o
deceased the day after the killing; he and Dr.
Merritt made the post mortem examination; dc
ceased came to his death from gun shot woun,
made by fine shot; the shot entered the breas
and passed between the collar bone and the frs
rib, and the first and second ribs Into the chest
lacerating the lungs and causing profuse hemor
rhage, Of which the deceased had died most o
the shot entered the body within space of two
by three inches, but some of It was scattered
some shot entering below the nipples deceasct
was man of remarkable muscular development
saw prisoner ut the inquest, but did not particu
larly notice him noticed, however, marks of
confusion on his face us though he had beer
struck very heavy blow.
locality, date, etc., the State closed.
| Mr.. Booth opened for the defence He made al
allusion to the act that the State did not call al
the witnesses It had summoned, and said that Il
showed they did not wish to present the whole
evidence In this case. The defence set up by Mr.
Booth was that the net was committed by the
prisoner In at of drunken rage while being beat
On, attacked, md threatened by his brother, the
deceased.
Eugene Rogers, recalled.-Prisoner drove wit.
ness, wife and child to the depot on the morning
of the homicide; John was to go back and get
another wagon, and 20 to town and get a load Of
cabbage; John had the gun on several occasions
during last winter; witness loaned II to him al
the request of his (Rogers) fathers family to
shoot Chickens to save the trouble of catching
them; witness loaded the gun generally himself
with but half charge of both powder and shot,
the shot No. 8, very fine had probably so loaded
II the last time he loaned II 10 him.
john Brown, (colored) rccalled.-Was in New
Castle early in tho morning that dry, house was
burned first saw John working at the fire, help
ing with the hose; after the fire he went to the
"Stockton House" stables with prisoner; John
went In the bar; witness rode home with him ;
they then got another horse and dearborn, and
went back after some cabbage John went into
Keegan's tavern; John was drunk when they
started home staggered when lie walked; was
not SO drunk when they got home; could walk
straight; went home very fast both times; run
the horses part of the way.
Samuel II. Eccles, sworn.-Saw John at the fire
working; there was some liquor there did not
see John get any; afterwards met him coming In
with dearborn did not think he was sober.
John White, sworn.--Saw prisoner at the fire i,
he worked all the time there was some whisky
there, but did not see John get any; afterwards
saw John In at Keegnn's, and told Keegan to let
him have drink, as he had worked faithfully ;
saw Mr.. X. pour the liquor out for him.
Joseph Hyde saw John at the FIRE; was with
White at Keegans when White told Mr.. X. to
give John drink; Mr.. Keegan poured John a
large tumbler nearly full of liquor.
John Hyde, son of last Witness saw John Till
at witnesses fathers store about / O'Clock he
got cigar was "pretty Tight" said he was
going back to Keegan's, and turned his horse 3
head that war.
Elhu Jefferson, sworn.-John was drunk when
he came and got the cabbage. 81
Thomas Mahan, recalled--John was pretty
tight when he came back before the killing.
William Henry Jefferson, sworn.-Saw John
before he went after the cabbage he was under
the influence Of liquor; witnessed timed Mr.Jef-
ferson when he passed over the ground from the
scene of the quarrel to Johns room and back TO
the place of the killing; he went pretty fast and
made 1t in 40 seconds.
William Henry Rogers, recalcd.--When he
went over the ground alluded to by last witness,
went like man in hurry saw the shovel on
the ground, and there was blood on the handle (;
showed the shovel still stained with blood took
the gun from a room In which II had been locked
up; the barrel that had cap on had no load in
1t and had not had the other barrel had been re
Gently discharged, but there was no cap on the
tube; 1t was about or o'clock when witness
got the gun.
Joseph Lefevre, by request of the Sheriff. took
the warrant and arrested the prisoner John
showed that he had been drunk, and was not
quite sober when witness arrested him. He offer
ed no resistance witness rode horse and pris-
oncr walked along by his side until they met Dep.
uty Sheriff Grow, and witness turned prisoner
over into his custody. Johns face was bruised
and bloody; the blood was from the prisoners
own wound.
The defence here closed.
Mr.. Higgins spoke about an hour and was fol-
lowed by Mr.. Booth in speech of about two and
a-half hours: Mr.. Moore made the closing speech
for the State, and after charge by Judge Hous-
ton the case was given to the jury.
ohnut II o,nlnolr NJ tha ;,,,,, octa, :,
short absence brought in verdict of murder in
the Second degree; the prisoner was remanded
for sentence and the Court adjourned.
TUESDAYS PROCEEDINGS.
NEW CASTLE, TUESDAY, May 20.
The trial of Pratt being certain to come on to-
day larger crowd was on hand than there was
even yesterday. All available space was occupied
and the crowd pressed strongly against the barri-
ers around the dock and bar.
Court was opened few minutes after ten
o'clock. After the calling of the names of the
general jury the Chief Justice directed the Sheriff
to place Joseph W. Pratt at the bar of the Court
On motion of Mr.. Bayard, Wayne Mcveigh,
Esq, of West Chester, was admitted to practice
In the Court.
Pratt was brought In charge of the Sheriff, the
Deputy Sheriff, and two bailiifs. lie was dressed
in plain business suit and seemed very calm and
composed. The witnesses for the State and the
defence were then called and all essential wit
nesses found to be present.
THE TRIAL OF PRATT.
State as. Joseph W. Pratt, indicted for the MUIR
der of Joshua Pussy Smith. Attorney General
Jacob Moore and Deputy Att. Gen. Anthony Hig-
gins for the State, and Messis. t. F. Bayard and
Wayne Mcveigh for the prisoner.
The Clerk of the Peace then commenced draw
ing the Jury. Considerable difficulty was cx-
pcrienced in getting jury on account of large
number having formed and expressed an opinion
and also on account of the large number challen-
ged by the prisoners counsel. The following
named persons had formed and expressed an
obnion ELI Garrett, Robert l.. Ochletree,
Thomas F. Clark, Henry W. Peters, Daniel Rod
ney, Israel Whiteman, E. Garrett Pyle, Thomas
J. Bennett, Joseph W. vandegrlft, Joseph w.
Cooch, Columbus Watkins, Benjamin W. Dickey,
John B. Murphey, Geo. L. Townsend, Q4.) The
following were peremptorily challenged by the
prisoners counsel ANDREW J. Mote, Lemon
jackson, Christian A. Houston, Joseph Guthrie,