Wilmington daily commercial., 1875-11-20
CONTINUATION OF THE o'sEILL rRIAL-TEsrIMoSY
FOR THE OFFENCE.

NEW CASTLE, Nov. 49,
In our telegraphic report we proceeded as far
as the examination of Margaret Ford she testi-
fed substantially as follows; Remember the
death of Sarah Doyle live two doors below 9th
street in Church was at the pump in my yard
when heard the pistol report little while af-
terwards was sent for by Mrs. Doyle went to
the house and was with Sarah until she died
heard some one say ''this is Court scrape" and
immediately went home WAS standing in a
direct line with Sarah just before hearing the
report.
Lewis Mason sworn : was in Seidel 4 Hast
ings' rolling mill saw Wingate running down
Church street saw O'Neill come out of the lot
and Immediately fire, in the direction Of Win
gate did not see Wingate Iput his hand in his
pocket as il to take out pistol; learned an hour
after / heard report that Sarah Doyle had been
killed ONeill came out four or five panels
| from 1lth street bridge towards the Christiana
George Holmes sworn Lived next door to
| Doyles' on Church street on that day WAS call
| ed from the house by Mrs. Doyle; went into the
| yard saw her daughter on the ground stoop-
| ed down and picked her up and carried her into
| the house.
| Sarah Moore sworn Did not see Win
gate or ONeill heard pistol reports
John Gallagher sworn Work at Seidel X
| Hastings saw Wingate and ONelll ! they were
| coming up 11th street.
| An adjournment was here made to o'clock
Elizabeth Holmes testified to seeing Sarah
Doyle lying in the alley, but did not see Win
| gate or O'Neill, nor hear the firing.
| VIM. Nj. Candy sworn was in Seidel Hast
ngs mill, saw Wingate after his arrest;preyious-
ly saw O'Nei running through the mill gateway
with pistol in his hand and his fingers on the
| trigger; he appeared very much excited.
| VIM. II. Brady sworn was chief OF police at
| the time; saw Neill that day think he gave his
pistol to me between 10 and IL o'clock; it was a
five barrelled Smith and Wesson, ,caibre SO or SO;
| don't know whether gave the pistol to the cor
| oner or not
| Richard Groves sworn am coroner and held
| the inquest; Dr. Wales Il Grmshaw made the
post mortem; they gave me this (produces ball
and piece Of bone); this ball iits pistol which !
received as.O'Neill's.
Daniel Farra sworn a person on curb line 40
feet below 1lth in Church firing at man rs
| feet down Church, would be in the general di.
rection Of where Sarah Doyle fell; the same il
| the person fired at was 100 feet down Church;
| from where O'Neil is reported to have stood
| when he first fired to where Sarah Doyle fell is
4 $50 feet; from whero she fell to where O'Neill
first stood there is clear view, but to see per-
son ON the pavement it is necessary to get up
OH the fence.
| The State here closed.
| Chas. b. Lore, Esq, opened the case for the
defense and laid down the following grounds
| upon which he hoped for verdict Of acquit-
| tai:
- LIST. The utter absence of malice, but such as
is implied by the stern rule Of law.
| End. Circumstantial proof that the ball from
O'Neill's pistol did not kill Sarah Doyle. The
distance rendered that impossible, for the pistol
would not carry that far. Again between Sarah
Doyle and O'Neill were fences and other objects
| through which this ball to have hit her must
| have passed. We will prove that there were nc
bullet marks in tree or fences. Again as the
wound was horizontal, the line Of the shot must
| have been horizontal. We will prove that a
horizontal shot fired from where O'Neill stood
in the direction OF Sarah Doyle would have
| passed Six feet over head We will also prove
that there were three shots fred at that time.
VIM. III. Brady sworn was chief of police and
had management and control Of Police of city in
June last; detailed O'Nell, June 9th, to take men
from his district and go into the Eastern district
| TO arrest certain men for some time prior 10
| this date the lower part of town had been in
Tested with some parties from New York and
other places, as well as gang belonging here,
robbing people and depredating on the country
| reports were continually made and | detailed
men to arrest these parties these men were
| not sufficient and complaints were still coming
in 30 determined to stop it talked the matter
over with Sergeants ONeill and Legg and de-
tailed ONeill to take his men and go down and
| arrest parties among whom were "New York
| Scotty," Stewart, Rash Wingate and others who
had been robbing houses and intercepting peo-
pie told them il they did not arrest them al
night to stay there till they did June 5th, Or
dered the arrest Of Enoch Rash, a fugitive from
justice. and when Officer Scully was making the
| hTrebt NlDBhue anu Otnefb lnterfereu Warrant
was sworn out for Wngates arrest for disorder
ly conduct and interfering with an officer in the
discharge of his duty.
Edward Sculy sworn After the shooting
went to the ground with Atty. Gen'l Pennington
| and Deputy Atty. Genl Hodgson; left Hodgsor
standing on the spot where Sarah Doyle fel
holding a five foot clothes prop up over his heat
with handkerchief tied on the end Of it; went to
where ONeill stood at the bars and looked bu
could not sec pole nor handkerchief; went down
| a I
handkerchief and top of pole; after | got m.
eye on it / could then see it at the bars conlt
see but the top Of the pole.
Wm X. Hodgson testified that he stood wher
Sarah Doyle fell and held the pole with til,
handkerchief on it mp over his head.
John McCaulley sworn Examined the fenc
and peach tree i'll every possible range tina
bullet could have come from il
O'Neill's direction and could find no bullet mark
examined the whole ground, and in my judg
ment bullet from Daniel O'Neills Fpistol wher
he stood could not have hit Sarah Doyle where
she stood.
John Horty corroborated preceding witness.
| Nathaniel Mechoir was called as an expert an,
testified that Smith 4 wesson pistol would no
carry 200 yards with large cartridge.
Andrew Bernhardt testified that tile cartridge
used In O'Neills pistol were only medium size
VIM. McShay sworn; worked at Hilles a
Jones that day. heard three shots fired; hear,
them distinctly
Defense rested their case at minutes of P
NJ.
The remainder Of the session was occupied b,
the Deputy Attorney General, summing up tn,
case.
Court adjourned at 5.45 p. NJ until to morrow
morning at 10 O'Clock. nc
A PHILADELPHIA GUNNER SHOT IN THE HEAD
For some days past, MIR. Emlen Cresson, a re
tired Philadelphia merchant has been gunninl
in Sussex county On Thursday while on tn,
hunt of birds his fowling piece was accidental,
discharged, the load taking effect in the head
nflicting dangerona and noaHihIy fatal wound