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

! wound was It's sevcrnE the vein and artery III
wound was not necessarily mortal wound, blu
! IL was The cause Of deceased's death.
! DR., Trency, sworn--Said his testimony woult
{ merely corroborate that OF the other physicians
and he was not examined.
, TESTIMONY OF THE OFFICERS AND CORONER
David H.. Wiugate, sworn.-Is Police officer
was ~ Traits house on the 10Th of April last
went there to arrest Pratt saw officer Heal com
ing out OF the house with Pratt, and then Hea
ness and Hyatt started to follow himself and
Hyatt turned back to look for the knife they
went 10 the house and went up to the third story
'front.' room. preceded by Mrs. Pratt; picked up
the same one; knife was lying on the floor be-
tween the bed and the window witness took il
and gave It to the High Constable; Hyatt picked
the sheath up; there was a double bed in the
room and marks of u PERSONS body on each side:
did not know whether the bed had been made
that morning or mott saw some blood on the knife
md about four inches Of the knife looked greasy;
there was blood on the floor Of the room and
down both flights Of steps. -
Jacob b. Hyatt, sworn.--Is q police officer
went back with last witness after knife did not
pick up tue shcathe, young man named Wilson
picked That upj there were two doors in the
room the bed looked rumpled; saw one or two
quilts lying on the floor; noticed blood on the
floor, few spots on the quilts on the floor and a
few more spots on one of the quilts on the bed
Benz. I. Belew, sworn.-Is Coroner OF New
| castle County; saw that knife at inquest, IL was
handed g witness by Deputy Coroner and had
been 10 his possession ever Since DIR. Porter, re-
called saw that knife or one just like II at the
Inquest; 1t had u layer of fatty matter on the
blade for or A. inches. : s
John Curry, Deputy Coroner, swom.-Got the
knife oil an officer or juiyman at the inquest
and gave 1t to the Coroner.
TESTIMONY OF THE PRISONERS SON.
Rathwell w. Pratt, sworn.-Is u son of the
prisoner; his father came home on Monday,
! April 10th came home from New York on the
Friday night before the killing; he came home
IL the middle of the night; witness saw him and
then went to bed saw him again next morning I;
cannot recollcct his father going to market as
Miss Amcs represented but witness did play the
game OF checkers with him all three ate break
fast together; his father went out in about an
hour witness mother sent him on an GRAND !;
returning he met his father; witness went home,
then rejoined his father at Sixth and West Sts.,
and went to the depot witness went to market
on an GRAND for his father and mother and did
not return until Monday after the stabblng came
back in the train which left Newark at 10 clock;
Was shown the knife. Recognizcdit IL; II belong
ed to witness, his father had given it to him over
two years ago last time witness saw II was about
the last OF March it was in a cupboard in the
sitting-room where witness had placed it; his
mother slept In the second story room; witness
bed room was the third story front; slept there
| on Friday night; his mother had taken things
out Of two looms on Friday night, when be
came home witness thinks that the second story
| 'front.' room had no bed in 1t ; does not know
about the back room. Witness was II years old
| on the 23d of this month";
Cross-examined.-His father had been in West
Virginia; went there In 1866; they had lived one
| year in eth street moved from Jefferson street
on 25tli of March, 1866 his father went to New
| York on the 10th of April; returned on Friday
rs; when witness and his father went to the cars
witness went to Newark and his father bought
ticket for Elkton; witness went to the country
to collect some bills.
| Joseph Ii. Greenman, Jr., Recollection Satur-
day there was bed with clothing on II in the I'd
story front room, on Monday there was none; it
was mattrass and feather bed
| Martha johnson, sworn.-This witness merely
corroborated so much Of Miss Ames' testimony
as related to herself, when she took the shirts
| home.
David II. Wingatc, recalled.-Witness merely
corroborated some former statements Of himself
| and others,
| CLOSE OF TESTIMONY FOR THE sTATE-sPEEoH
| ff OF MIR. BAYARD.
| The State here closed its testimony at about
O'Clock and 40 minutes agreeably disappointing
many, as it was generally thought that the testi-
mony for the prosecution would occupy more
than one day. The State was saved the use of
several witnesses. as the defence admitted that
the deceased was the owner of the house in which
he was killed. At the conclusion OF tho evidence
for the State, Mr.. Bayard opened for the defence
in q brief but eloquent address to the jury. He
denied that Pusey Smith was killed as the indict-
| ment stated, "in the peace of God and In the
| State of Delaware for at the time he received
| the blow he was trespasser, and trespasser on
the most sacred rights of the prisoner whose pro-
fessed friend he was. He said the law offers no
repatriation to the injured husband for such a
| wrong MS this but provides that If he kill man
| he finds dishonoring his bed it is no felony but
simple misdemeanor, for which but slight punish
ment is inflicted. Mr.. Bayard's speech showsd
| that the defence do not deny the fact that the
prisoner killed Smith, but they will attempt to
prove that he caught the deceased en- Ragrdnte
dehcfu and then struck the fatal blow. He ex-
pected to prove the criminal intimacy between
the deceased and the prisoners wife; that at one
time the prisoner had suspected such intimacy,
but that the most solemn asseverations of his
wife and the deceased had allayed his suspicious
that the prisoner had once come home and found
his wife and child gone and Pussy Smith also
gone, that he had at that time, however, been
assured that his wife was near Elkton, sewing,
and Pusey Smith was in New York. That the
last time the prisoner was In New York, he had
found Pussy. Smiths hand writing on the regis
ter Of the Merchants Hotel, registering u. W.
Smith and lady," Prptt's suspicious were again
aroused, and he became so nervous and distracted
that he was totally unfit for business. That he
came home on the Friday stated, went to Elkton
| on Saturday, found his wife had not been where
| she represented sho had been, and he went back
home maddcned and Distracted and on Monday
when Smith came to his house, the fatal blow
was struck.
| Mr.. Bayard concluded his opening remarks at
hnlf-past six O'clock and the court took recess
to Wednesday at 10 O'Clock; the jury having
been sent to their room and the bailiff directed
| TO provide them with bedding &c.
WEDNESDAYS PROCEEDINGS
Court opened at few minutes after 10 o'clock.
The case of the State Us. Pratt was resumed, the
defence commencing to examine their witnesses.
EVIDENCE OF THOMAS s. KIMBLE FOR THE
DEFENCE.
Thomas KimlIa swnrn tvau q, R;r,J,Ia.
vile, Chester county, Pa. has known prisoner
about 10 years knew deceased Pratt and Smith
were on terms Of intimacy; Smith owned a farm
with mile Of Kimbleville; Smith was in the hab-
it of visiting Pratts Hotel in Kimblevile frequent
ly, more frequently in Pratt's absence than when
he was present; Smith frequently stayed there all
night; generally staid all night when Pratt was
away.
Mr.. Moore objected to the question, asserting
that the prisoner had no right to bring evidence
ofadnltery previous to the commission of the act.
That II they could prove that the killing took
place while deceased was in the act, then our
laws justified the blow, but previous adultery is
no excuse. Neither can he submit such evidence
MS proof of cause OF insanity or whrlwnd of
passion producing mental alteration until such
alteration is proved.
Chief Justice said he could not vet tell where
the evidence was tending. The defence has no
right 10 prove isolated facts unless they prove
their effect ON the mind OF the prisoner.
examination rcSuineu.-WaS PratL Dnr Keeper
in 1862; was there from the first of July until
the last Of October Mrs. Pratt was always home
during these visits Smith never staid over night
when Pratt was at home had observed intimacy
between Mrs. Pratt and Smith; have seen Smith
90 in sitting room; he always stayed there with
Mrs. Pratt one evening Pusey Smith went there,
took q drink, left his coat in the bar, and passed
into the sitting room; came into the bar in about
an hour said he wanted to go to bed by direc-
ton of Mrs. Pratt he put Pussy in front room,
alongside of Mrs. Pratt's room; witness after
wards thought he would take Smiths coat up in
his room; did So and found the bed was not
rumpled and Smith was not in 1t on another oc-
casion witness wanted to see Mrs. Pratt on bust
ness and went to hunt her, found her and Smith
locked up In the parlor, witness wanted to know
where he should put some one who wanted lodg-
ing, and not finding her in the sitting-room went
to the parlor and knocked Mrs Pratt opened the
door. On the occasion that Smith was not in
bed when witness went to hunt him, witness ex-
amned the doors leading from the house and
they were all locked.
Cross examined Know Geo. Kimblc have
seen him at Pratt's hotel when Pratt was not
there, when witness was attending bar ; does not
know OF Pratt ever whipping Geo. Kimble on ac-
count of alleged adultery with his wife.
TESTIMONY OF ANOTHER KIMBIEyIIIE NEIGH