Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-11-06

INV I6COueCtlou uctcx tOA0 AAAA
thought he would die.
At this juncture Major Stedman, one
Of the counsel for the defence, read
.'brief' against the admissibility OF
Justice Cassidey's evidence relative to
the dying declaration Of the deceased
The Judge ruled out the evidence.
Dr.. King again re-called-Patrick
Myers died in the room occupied by
the primary cause of his death.
Cross Examined-The immediate
cause of his death was due to
bad management on tho part of the
nurse. The nurse gave him lime juice
very freely. I had ordered for him
milk and soup and ice, but the action OF
the lime juice (Which the nurse had
been giving him without any direc-
tIons from me) upon the milk, pro-
duced a cholera morbus, causing vom-
lting and purging, which produced
| rupture of the wound, leaving the pa
tient in a FRUSTRATED condition. from
| which he could not, and did not
rally. The wound was inflicted
IN the peritoneum. There was very
| little inflammation. He was cut about
4 or inches across the abdomen, just
above the navel, through the peritone-
I'M to the eDtrails. which protruded.
Anna Stubbs-I know Jas. Strick-
land; he now sits in the criminal box.
Patrick Myers was cut on a Saturday
night. James Strickland was at my
house on that night and inquired for
Molly Dove. I told him she lived in
the long house, on Church street, near
Cassiday's ship yard. It was about
ten o'clock. Strickland left my house
then and I did not see him again that
night.
| 40 CROSS EXAMINATION.
Laura Taylor-I 1eccolect the night
! that Patrick Myers was said to have
been killed. There was a man sitting
| on my steps, and asked who it was,
and he said Strickland, and I told him
| to Strickland off of my steps. Anna
Anderson lived in the long house at
| that time. In my opinion it was about
! IL o'clock.
A. r. Black-This witness was in.
troduced for the purpose of showing
that the deceased recognized the pris-
oner. The Court decided the evidence
Incompetent. At this hour five o'clock
the State announced his evidence
closed. The defendants introduc ed
no testimony.
The evidence being closed, the argu-
ment was opened by A. T. London,
Esq, for the defence, followed by
Solicitor Norment, for the State, who
| in turn was followed by Major Q. NJ.
Stedman and e. S. Martin, Esq, the
two latter for the defence.
His Honor, Judge Mckoy. then de-
ivcred clear and comprehensive
charge to the Jury, recounting the law
applicable to the case and refreshing
their memories by rccapitulation of
the evidence remarking to them,
however. that they were the sole
judges Of the testimony and must be
guided by it, according to their own
recollection. His Honor reminded the
Jury that they had two duties to per-
form, the ono to society, the other to
tn prisoner at the bar; both equally
imperative. He charged them to weigh
the facts with tie law as applicable to
them. patiently, that human life was
at stake, and. therefore, the Court felt
that it owed them no apology in tres
passing either upon their time or pa
thence. The Jury retired and in about
half an hour returned u verdict OF
"Not Guilty whereupon the prisone,
was Daily journal, o.
3Oth Oct.
The Cases Against James HeatOn
The Superior Court yesterday was
engaged nearly all the forenoon upoI
motion of the States Counsel to re
move the cases against James Heater
to some other county. He is indicted
with q negro, Louis Davis, for staying
the election in the First Ward, anC
with twelve or thirteen negroes for
riot in this city on last election day.
Heaton was not present, and mi
physician, DIR. 8. s. Satchwell, wa,
introduced to show his condition.
: DIR. Satchwell could not swear tina
l it would endanger the life of Heater
for him to be brought to the Cour
| House, but it would be extremely i'm
prudent, and he would not be respon
T sible for the consequences if he wal
l subjected to the excitements of tn.
, Court House.
DIR. Satchwell, upon being asked the
cause Of sickness. declined to answer
Upon being required, he said tina
Heaton had bilious attack was suffer
ing from greatphysical prostitution. Ht
did not think he ought to be required
t to expose the frailties of the appetite,
t of his patients. If he was compelled
he thought it was more than likely
that he had been indulging in toe
much toddy. He was now prostrated
on q bed of sickness, and should no,
!, be required to leave it. have advised
him, and now advise the Court, that
) it would not be advisable for him to
leave his bed.
His Honor ruled that unless counsel
:: could show some substantial reason
why the defendant, who is in the city
with whom they could consult, should
, be present in court, he would issue 6
copios to compel his presence.
Under protest, the counsel for Hea'
ton waived the constitutional right
which their client had to be present.
A long argument ensued upon the
question of the power of the court tc
remove criminal causes from the coun
ty in which the offense WAS alleged tc
have been committed, based upon the
ground that the act of the Assembly
| granting this power had been repealed
as Battles Revisal did not contain it.
The objection was overruled. The
counsel for defense gave notice of in.
tention to object.
The counsel for State then read aft.
davits from Colonel Roger Moore ask.
ing removal on account of it being i'm.
possible to secure a fair trial in New
Hanover.
After further discussion, His Homo,
removed the cause to Brunswick coun.
ty, to be tried on Thursday of the first
week of February court.
Upon this announcement, the coun.
sci for the prisoners said they would
withdraw their notice of appeal.
Solicitor NOrment. Hon, George Da.
Wis and Colonel Robert Strange ap.
peared for the State, and Hon. d. T..
Russell. Edward Cantwell, ESQ.,, and
r. =. Frayser, Esq, for the defense.
The Cape Fear Council OF the
Patrons OF Husbandry.
A special meeting for the purpose OF
promoting the interest of the order
was held at the City Hall in this city
on yesterday. There was a fine rep
resentation from the majority of the
Oranges composing the Council. A
fine and harmonious spirit peryaded