Middletown transcript., 1874-12-05
SATURDAY MORNING, DEC. S, 1874.

TERMS: Cash in advance, invariably.
SATURDAY MORNING, DEC. 5, 1874.
Court Proceedings.
New CASTLE, Nov. 9TH.
Court met at 10 q. m. Judges Wootter
Houston and Wales on bench. First cas-
, tried. State cs.. VIM. Thomas (neg.) assault
with intent to kill John r. Cochran on th
9Th Of November 1870. Our readers will re
member the ight that occurred at the polls
Mt Odessa, on the above date, started BY th
negro Thomas striking Mr.. Cochran acros
the head with heavy club, knocking hin
down cutting open his ear. Mr.. Cs SON
and friends at once ran to bis rescue and 4
general fght ensued in which the negroes t
the number Of nearly a hundred were driver
from the ground As it was not known wht
struck Mr.. Cochran at the time, the negro
Thomas escaped, but afterwards boasted o
what he had done, which led to his arrest
thongh be managed TO keep clear until few
months ago, when he was captured and
lodged ia Jail. During bis trial Thomas
made d speech ia which he stated that several
white men had met the negroes at Mt. Pleas
ant and other places and urged them to go
TO The polls prepared to Gght and to assert
their rights, and promising that they would
stand BY them, but that when the pinch came
these white men all deserted them and left
them,to fght tout alone. If they were the
friendssto the colored people as they profess
to be he thougha they ought now 70 come to
hissaid. The prisoner declared, # he struck
Mr.. Cochran he did nct know it and now
begged bis pardon. AT 4 subsequent inter
view Thomas mentioned the names Of several
men to a Gazette reporter whom he accused
of inciting tlie negroes 10 the riot of that
day.
Z, Yhs j4gF Eetitei and -sfter somsT qpe )sFnt
in consultation returned verdict Of guilty.
The codts then Proceeded 't<lh lfhe case Of,
State Us. Aaron K. Woodward indicted fqr
the murder, by shooting, Of VIM. 8. Lnkens,
on the 9Th. of October, last.
TIE fol4owihgijufy was .eApaueled 4
Grubb Tallsy, JamessC. Morrison, 2
John NJ. Appleton, Isaac Fred,
Jackson Whiteman, j. Poulson Chandler,
Peter F. Massey, Joseph s. Foreman,
gsaas Efssa 2 YHeprge ThrO a
William Wilson, Jonathan E. George.
All eve minutes Of I0Mr. HodgtSn Opened
the case 10 the jury on tkepart Of the State
rs follows:
Geptlepse IF che Jury - y Y9q are tonight
here from the body Of this county for the pur-
pose Of ascertaining whether or no Aaron 4.
Wspd Fafds the prisoner - a,e bar Re guilty
Of the charge with which he stands indicted,
the killing Of VIM. s, Lukens. This is p
peculiar case, in jast, suek 1 ease has not oc- /,
CURED in this Court within my legal memory.
1t has peculiar phases in It.. The question to
be determined 2by you after hearing the evi-
dsnce, II one entirely Of sintertf rtfeexpress or
ii oiled by law am well aware how difficult
. as, ,er ain what are the pucuIiar feelings Of
th.a Heal IT, and the intent Of mans mind.
rba \ alone 70 left TO- Him who knoweth. and
,oeth an thin q weTf. The mind Of man is
naturally prone to- truth, unless some peculiar
design prevents the .scting out Of the instinct.
rhe intent Is to be Judged from tle-sfeet- of'f
IL ae.a-.sIn. telling YOU of the matter you |
nave for your earaest deliberstion, il is neces-
,ary on the part of the State to define the
.6arge of msrherll ME-. Hodgsoi thea defined
murder. drawing the distinction between
6rst and second degree, and applied It to the
present case. HE then proceeded to give the 2
Iera, definition Of manslaughter and explain-
ID the.nAture Of malice as laid down in the
books. He then called the attention Of the
ury to the facts Of the case now on trial.
5if boys, tbseidesto II whom was enet pipe-'t
teen years Of age on the 9Th day Of October
last started from Wilmington out the Spring
road ,p.d in tie direction of the house lately pc
cupied by Woodward and in which bis family
now liye.si About 10 o'clock a. M, standing
in the road opposite the prisoners house
lhsss boys saw u tree onawbieh they supposed
cbestnuts grew. They entered the field, and
Ihree Of the boys, Lukens, Green and 6kelley,
aiscended the free. They had scarcely settled
ii the branches, 10 knock off the
burrs, when they were called upon by the
prisoner, who was running rapidly, towards 7
them, to come down or he would shoot. They
bereed him not to shoot, and they would
come dova. Lukens and Skelley started TO
come down.. and when near the ground they
nmped, Lukens striking the ground first
rhe prisoner was then under the ties, and Is
Luksns struck the ground Woodward struck
ia nesriy felieds him. Before Woodward
lad arrived under the tree, however, the other
hree boys pf the party, Speakman, coyle ard
dcElvey, iszd run out ofale Geld to the road.
Standing et; The tree 10, The left there is 81
woods, ~ to The right lie rSad.i After Wood
ward had strnck, Lukens, breaking the stick,
Lukeas and Skelley started running towards
he woods. When About ten yards away,
W ood ward raised his gun and fired, when
Lukens fell to rise no more without help.
5kellIey received soms Of the shot III bis arm.
Lukens was shot III the right side of the
bod Shelley ran on. Woodward picked
Lnkens up and stood him on his feet, but let
ing him 90 he fell to the ground. Wood
ward left him to his fate and went to the
house. One Of the boys then came back to
Lukens and had some conversation with him
and started for a conveyance. When he came
back Lukens was gone, and he was next found
in Woodward house. From thence Lukens
was removed 10 his home, where on October
7th. he died. These are the facts as they
were given to me- N conclusion he begged
the Jury to remember that they were to find
! verdict from, the evidence aieae,
At p. M, court took recess psai
o'clock p. m. /
AFTERNOON ssssioss
Ats3 D. m court reasSembled. :
State ". Woodward, continued: Il
Edward Spcakmsa, sworn-Liye At No.