Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1868-06-04

from last Friday to the close OF Tuesdays session.
WEDNESDAY.
Court met at 10 o'clock.
Chief Justice Gpin charged the Jury in the
case of Mears vs. NAPLES, and at minutes of IL
O'Clock they retired to their chamber.
In the case of the State VS. VIM. Waters, in
dictcd for the murder of VIM. Gaines, at Middle
town, on the 18th day OF last August the follow
Ing Jury were empannelled:
Thomas NJ. Culoert, Caleb Taylor. Samuel Al
rich, Henry G. Burton, VIM. y. Cornog, Maris
T. Dixon Jacob b. Cazier, Henry McMulen,
Benj. Wells, Henry Taylor, VIM. M. Stuttgart,
Woodward jackson.
Moore and Rumford for State, Harrington for
defense.
Attorney Gen. Moore opened for the State, az.
ter which the Court took races until o'clock,
L. NJ, when the first witness for the State was
called.
Thomas Empson, (col.) sworn.--On Saturday,
the 18th day Of August, 1867 about or 0 o'clock
~ the evening, was geing down street in Mid
dlet0wn aud saw Waters. ] spoke to him. Wat
eis said that Gaines had pushed him against Mr..
Frank Cochrane and that Cochrane had cut him.
then went to store afterwards went back and
saw Waters sharpening his knife on brick.
Soon after saw Gaines meet Waters, and heard
him ask Waters II he had not said he was going
to cut him he answered yes. He then plunged
the knife into him.. They were standing near
Gaines put his hand on the wound, struck Waters
with an umbrella and then turned and ran pur-
tnad by Waters; afterwards saw the Doctor sew
i's up Gaiues wounds. The blade OF the knife
appeared To be about four inches long.
VIM. Thomas Empson, (col'd) sworn. know
VIM. Waters, aud knew VIM. Gaines. On the
evening that this alleged murder occurred, | was
In Middletown, Gaines told me that Waters was
going to cut him; went with Gaines and saw
Waters; asked him II he had said So when Wat
ers ran at and stabbed him. Gaines put his hand
on his slde struck Waters with an umbrella, and
then ran, followed by Waters. Gaines did not
10 hn Ls,t rTus.- AT
lying on the pavement, grooming as though he
was in great misery.
George Chamberlain, NJ. D., sworn.-I knew
VIM. Gaines found him lying on his back in
front of Deakynes store. On removing his
clothing found part of his bowels protruding ;
the wound WINS on the left side Of the belly, near
1.-THE navel about ~ inches In length, and from
4 to inches In depth; saw him next morning,
md he seemed to be comfortable. He died on
'the both. Tho wound was the cause of his DEATH
Mrs Clara Deakyne, sw0rn.-I was In the store
'of my husband at Middletown, on the night of
ihe murder; Gaines and waters were in the store |;
ordered them out; Gaines came in first; heard
him say he was cut; he appeared to be In distress
and suffering dreadfully.
.Atd, P. NJ, the Court took a recess until 10
O'Clock this morning.
AZ II P. NJ, Wednesday, the Jury in the case
81 Mears Il Son Us. Jos. NAPLES, rendered a YER
diet for the defendant.
THURSDAY.
N"uIt met al III CLOCK. Inc evidence IN the
ease OF State Us. VIM. Waters for the murder of
VIM Gaines on the 18th of August, 1867, was
resumed
Wesley Kale sworn.-saw Gaines when he
came up to Waters; saw Waters strike at Gaines;
then; Gaines struck Waters with an umbrella and
Then ran one was on the sidewalk, the other in
lhe middle Of the street; Games did not appear
~ y, ne IN bud humor; do not know whether
waters was or not; saw Waters In front of Dea-
Rynes store; Gaines was In the store.
a,iu Thomas johnson corroborated the evidence
q tlie other witnesses and the last two testified
l'iit they heard Waters say II cut him and will
Emcine Empson (col) testified that Gaines had
ueen brought 10 her house that she dressed the
wounds; that he died at her house, and was
hurled from there.
M, Ing State here closed their evidence and Mr..
harrington opened the case for the defence.
Henry Bounds (colored) Sworn-Lives at
aliuuietown Knew Gaines remember the diff
Gyul'y heard Gaines make threat to knock him
~. Tue head with stone If he fooled with him.
nnis was about or weeks before ; Gaines
hilde threats against Waters, and said he was
afraid To come out.
:, VIM. Empson.-Knew Gaines and Waters
,n'laes threatened Waters in the summer; would
h,,e Killed him had he not got out of his way.
ineo. Empson, (colored) Sworn.-Last Angus,
unlisted, and Ia few days went home to Mid
,n eoWh before Joining my regiment; Waters was
'i her.. saw Mr.; Cochran put a pistol at Waters
,Ufa b--b.u $3.50 o"e so'eu 'on
Henry Dorsey, (colored) Sworn.-Enlisted las,
august VIM Waters enlisted at the same time
% ~ Wy waters my knife to cut watermelon and
sa hot return 1t for several days after; 1t was
Morgan Barr, N. d., sworn.-Tcstiiled to having
T. ussed the wound inflicted on Waters by
hpf nsary johnson, (col., sworn.--On Thursday
v wi, this occurrence enlisted in the army ii
,ar lihgton III company with Waters and anoihel
n az, Knew that Waters borrowed a knife Il
G III wal, watermelon; went to Midaletown; saw
N.Y. say you did blue coated son Of b-l
ihin, Ie you running ag inst. You need moi
VIM VIM you are coming here to run over people,
.d,sw .rs SAID ne did not do it purposely; Cochran
Water pistol and knife and stabbed Waters
me ae, ,s and | eat supper together; he cut tn,
. naIi, with pocket knife Saw Gaines when h,
T snGu Waters If he had said he was the cause q
md sn,,l cutting him saw Gaines strike Water
siarsd os, MN before Waters struck; then boil
n,r rea and ran down the street; Waters was no
,,sg Gaines. Heard Waters tell Gaines Il
r., a sy from him that he did not wish to quar-
w seaemiah Burress,, sworn.-I know William
tn ssls he has lived with me; So fur as m,
AnWVMledge goes his character was good.
In nu In ierhert, testified to his character Will
Siata son anu during his trip from Kansas to thi
for irons s',n. ne came without force; had no us
torns S evidence here closed and Dept States AT
n M humford opened for the State. At So
snaa No., hir; Harrington opened for the defence i
tonr sen lasting until clock, when the cour
recess until 10 O'Clock Friday morning
FRIDAY.
rIno,o rl opened at the usual hour, and g. M. Hal
feneo Esd, resumed the argument for the d.
he ev,. Alter some general remarks to The jury
altemp,ns lne law concerned homicide, and the
guilty ~ 10 show, LIST that the prisoner was nc
I'M n,, n, murder I'd: That without considerin
IN inf mi In "a
the ns;ae degree than manslaughtcr. 3D.. Tit
He ser struck tho fatal blow In selt-defenc,
suna, III the case in oil lis bearings with cor
a-half a sn,h IN an argument of two hours an
peal A. to the jury w." = O''e' ana eloquent u
cd v Jury alter an absence of two hours return
was diso scL OF mot guilty." and the prison,
LUIS ends the criminal business of tina term