Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1873-01-14

The Court Of Oyer and Terminer for Cumbsr-
land county, convened, this morning, for the
purpose of trying Hugh r. Sweeney, for man
slaughter, In August last.
Hon, B, Vansyckel. President Judge of this
Circuit, is on the bench, with his associates,
Judges Doughty, Sheppard and Harris.
The State is represented by James r. Hoeg-
land, Esq, Prosecutor OF the Pleas, and VIM. e.
Potter, Esq, ofBndgeton. John O'Byrne, Esq,
Of PhiladslphiA, and John 8. Mitchell, Esq. Of
this city, represent the prisoner. '5.iT
The parents Of the prisoner were present and
sat near him during the entire day.
and sworn: VIM. r. Wills, Of MiliyiiYs WIN.
u Tompson, OF Bndgeton; John l. Sharp, Of
Millville; Aaron vAnnaman, of Millvile Mar
tin v. B. Powell, Of Brdgeton; Lewis n Hires,
Of Hopewel Daniel Sites Of Fairfield John
y1le; Walter 8. Gofi, of Fairfield; Theodore
Rogers, of Maurice River Enoch 3. Garrison,
Of Stoe Greek.
Mr.. HOagland briefly addressed the jury in
which he explained voluntary and involuntary
granddaughter, and would prove by witnesses
that the prisoner at the bar was the person who
struck Geo. Davis.
lHecAlled as the first witness, JamessO. Rock
we'll, Of Roadstown, who said he saw the defend
ant strike George Davis that Davis was stand
ing at the carving table, in the act Of carving
meat when the defendant struck him on the left
side Of the head the decease staggered and fell
over on the table Ohas. Davis was also
struck with something black George was
struck . second time, Charles thought he was
hit with chair; he told Charles he had no black
chairs; the man who struck Charles was . very
small mani would recognize him again II he saw
him; saw the defendant when he was taken from
the lookup to the jail. The witness, in his
cross examination, SAID he was not . warm friend
Of the deceased; the man who struck George
had on blue shirt the blow was struck
with clenched fist heard the prisoner make
VIII nlar4k fhEaa ~ hfra
him, I'll mash him the next time !" George was
not standing on his feet when the second blow
was struck the second blow was on the back of
the head
John s. McGear testified to making . diagram
OF the ROOM showing the distances from the
window to where the arrest was made.
VIM Willitts, colored, waiter ct the hotel,
testified that he was standing by George Davis
whom he was struck both times recognized the
prisoner a. the man who struck him said the
blows were given by the fist; thought he was
struck on the temple both times; said Charles
Davis WAS struck by little man, and that George
helped to put the little man out, never saw the
prisoner afterward till to-day. .i.
Henry Reeves testified that he was in the
dining room, and saw the prisoner strike George
Davis he hit him on the head was endsAVoring
to get him out Of the room saw no one else
hit him knew the prisoner by aight; had seen
him In PhilAdelphiA before that occurrence; was
present when the last blow was struck the man
who struck George had ON q purple vest saw
him when he was taken to the lookup; was In
hearing distance when the blows were struck.
Vim. McKim said he was in the dining room
and saw man who looked like the prisoner
strike George Davis with his hst, . diagram was
shown to the witness Of the dining room, saw
small man strike Charles Davis saw the defen-
daht in the street and helped to arrest him the
prisoner resembles the man who struck Davis,
but would not positively swear to 1t.
Samuel 7, Strang, . police officer, testified TO
seeing the prisoner in the dining room and to
the fact Of his arresting him in the street that
George Davis told him the prisoner struck twice
aud demanded his arrest Sweeney offered no re-
sistance Georgv saw tho prisoners face when
he ordered his arrest.
Robert Vansant, q policeman, corroborated
the above witness, and testified 10 assisting 10
the arrest. he corroborated the other witnesses
as 10 the dress Of the prisoner.
John Davis, constable, was sworn and said he
assisted in the arrest heard Davis tell the OH
Gers to arrest Sweeney.
Robert Merritt testified to being about four
feet away from Davis when he was struck hoard
Sweeney say he meant business, and saw him
rolling up his sleeves saw small man strike
the officer.
DR.. VIM. Elmer testified to attending the de-
ceased, after he was hurt, and to making post
mortem exAminationi he said . blow from the
fst would produce fracture Of the skull suf1i-
cent to produce death, and exhibited skull to
the juIy to explain to them the force Of blow
that would cause fracture; he found de-
pressed fracture of the temporal bone, clotted
with blood; he had no doubt that tho fracture
was made with his fist, and produced death he
examined Sweeney's hand after the occurrence,
and found the second knuokle Of his hand very
red. The doctor underwent lengthy cross-ex-
animation as to the probabilities OF . blow from
the hst and also from billy or blackjack.
DR.. Henry Elmer, . son Of the last witness,
saw there was . ring on the temple OF the de-
ceased, caused by the blow, in which the fist
would fit there was q red line along the temple
from the eyebrow TO the ear he had no
doubt but that the fracture produced death.
John Bishop, Jr., was sworn, who testified
that Sweeney went into the dining room to see
friend, but was resisted by Davis, who told him
to 60 out, the deft, struck George in the glands
Of the neck; didn't see any one else hit |
him saw several chairs raised, but could not
say whether any one was hit with the chairs
saw small dark complicated man get up from |
the table, as il to strike, but was not positive
whether he struck any one or net, there |
was great confusion In the room; Sweeny |
was noisy and excited; heard Davis tell /
the officers to arrest SWeeny; saw /
dark complicated man strike officer vAnsAnt;
he struck him with his fist it was not Sweeney |
who struck him. The witness underwent
lengthy cross-examinAtion but nothing Of impor-
tanee was ELECTED.
The Court adjourned until S1f A NJ on Thurs
day morning. CHARLEs.