Wilmington journal., 1875-07-16

The TestimOny-A MurderOus As
ault-A Closely Connected
Chain of Circumstantial Evi-
dence-The Judges Charge


Court was occupied nearly all of yes
terday in hearing the evidence, the ar
gument of counsel and delivering the
charge to the jury. 1t will be remem-
bered that these defendants were
charged with the murderous assault
upon Mr.. G, w. Harper. which came
so near resulting fatally.
THE TESTIMONY.
Geo. W. Harper, having taken the
witness stand, testified : On the
2Sth of May I stopped at Fishers
house on Castle street, a colored man,
to make bargain. Afterwards l pro
ceeded ON my way heme to the Sound,
and having gone half mile, there came
up two meu came out of the pines
near enough for me to reach them
with walking stick ; had guns; asked
If that was Mr.. BOnham; one of them
raised his gun and fired scared my
horse, but did not hit me. They then
fired the second time hit me with five
shot, buck shot; hit the cart with
small shot, duck or squirrel. l was
shot about twilight. The guns were
long rifles as they seemed to me. Bon
ham lives near where | was shot; has
horse like mine, a coat fashioned
like mine, and hat like mine These
two men shot me. 1 did not know
their names, but know they are the
men, (pointing at the prisoners in the
box.) The voice did not sound like
the voice I heard that night.
Kiah Bonhan4 testified that he met
Harper next morning after he was
shot. He showed me where was shot.
[ saw two tracks and followed them
towards town. The tracks seemed to
run back ten or twelve steps-followed
the tracks from that place to the en-
bankment of the oOund Railroad
where the Railroad crosses our road
about one hundred and fifty yards
from the city limits, coming into Cas-
tie street; then / lost the track l
heard the reports of the guns when
Mr.. Harper was shot. shot slut
black, with yellow under her breast.
1 have seen that slut with William
Fisher, who said she belonged to him
she was cut-tail dog-small. portion
of tail cut off. I lost Is or II head of
hogs. l shot the dog and crippled
another. thought heard some one
going off mumbling. Sometimes l
have seen Peter Lee with the Fishers.
Williams testified that he went with
Kiah Benham when he shot the slut.
William Fisher said the slut was his.
In February l was talking with Will
liam Fisher about dogs killing sheep.
William Fisher said if any body shot
his dog he would shoot them if he had
to follow them for six months.
A. 81. Morris, Deputy Sheriff, testi-
fed that he found two muskets, one
in John Fishers house and one III
William Fishers house; found the
guns on Monday morning after the
Friday evening on which Harper was
shot.
Polly Kornegay testified that she
lived between Church and Castle
streets. On Friday evening, near
sun-down, John and William Fisher
passed my house going toward the
Sound-going along Castle street
road. They had guns. 1 spoke tC
them. This was the last Friday III
May. They were going in the dlrec
ton of the Sound.
William Kelly-Heard Harper was
shot on Saturday; he was shot on Fri
day. On the Friday evening that
Harper was shot, I saw William and
John Fisher going down the Sound
road with guns.
John Alexander-On the evening
that Harper was shot went home anC
met William and John Fisher coming
from the direction of the Sound Rail
road.
TESTIMONY FOR THE DEFENSE.
Arthur Fisher testified that he was
a brother of one of the defendants anG
uncle to the other. l knew John anC
William Fishers dog. They had nc
such bitch as was described by Bon
ham and others.
Larry Fisher testified that he was
the son of William Fisher. I heard
on Saturday evening that Harper was
shot. The evening before, l was al
home with others. We were going tC
Christian Chapel to church. William
and John Fisher did not go out that
night. I got there about dusk. Squire
Fisher staid at William Fishers.
Squire Fisher testitie that he was 6
brother ofWilliam Fisher; never heard
Hewlett was shot. The night before
Harper was shot l staid at home all
night. know William Fishers dog.
1t was dark colored-a slut-with vel.
low spot on her breast.
Doucy Franks testified that she
lived on Tenth street; heard when
Harper was shot. 1 was at homo the
evening before. My house is neal
William Fishers.
Henry Merrick, testified that he
lived on Tenth street, opposite to Viii
liam Fisher; heard Saturday morning
that Harper was shot; was at home
all day on Friday; saw William Fisher
between dusk and dark; staid ON my
piazza till dark. They might have
gone out the back way.
Eveline Fisher testified that she
went to William Fishers little aftel
dark. Ann Pearsall came after I came
Lizzie Bradley went with me. Arthur
went over after dark. Cards Fisher,
John Fisher and wife Mary Fisher and
Lavinia Fisher, were there.
Ann Pearsall: I live on Second
street; heard about Mr.. Harper's
being shot about the middle of the
week; heard it Oh Thursday. was at
William Fishers. He, Mr.. William
+ sher, came in about dusk. Larry
Fisher was there. 1 left there after
9 o'clock; heard between and
clock that Harper IVES shot.
REPLICATION BY THE STATE.
London Southerland testified that
there was a slut at William Fisher s.
ye1low-tan with bob tail.
Chaancy Switzerland proved the
good character of London Souther-
land.
His Honor Judge McKoy consumed
near an hour in summing up the tes-
timony and explaining the principles
of law in their bearing upon the chain
of circumstantial evidence. His
charge was most clear in its arrange
ment, and forcible in its delivery,
placing the question of fact for the
decision of the jury in SO plain q man
ner that the meanest intellect could
understand, and applying the law
with a learning SO exact, that it would
seem impossible for the most ignorant
jury not to comprehend.
The jury had not rendered their
verdict at the hour of our going to
press.
Rev. Robert Brent Drane, son of the