Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1875-11-25


tailed O'Neill to take his men and 60 down and
arrest parties among whom were "New Yorl
Scott" Hbewart, Rash, Winga&e and o4hers who
had been robbiDg houses and interceptng peo
ple; told them II they did not arrest them q
night 70 stay there till they did June 9Th, or.
Justice. and when Oficer 6cully was making tht
arrest Wingate and others intsrfersd . warrant
wa sworn out for Wingato's Arrest for disorder
y conduct and interfering with an officer In th>
discharge Of bis duty. ...#
Edward Scully sworn After tho shooting
and Deputy Atty. 0en'l Hodgson; left Hodgsor
standing on the spot whore Sarah Doyle fel
holding 1--WE foot clothes prop up over bis hsAl
With hankerohief tied on the end Of it; went b
where ONeill stood ct the bars aud looked bu
could not see pole nor handkerchief; went dowr
along the fence 25 yds. before could SEQ the
handkerchief and top Of pole; after I got my
eye on 1t could then sec 1t at the bars; could
500 but the top Of Vhe pole.
VIM r. Hodgson tsstiAed that no stood whers
Sarah Doyle fell and held the pole with the
handkerchief on IL up over hia head. ISL
John McCaulley sworn Examined the foncl
and peach tree In every possible range thai
bullet could have come from ia
O'Neils direction and could and no bullet mark
examined the whole ground, and in my judg-
ment . bullet from Daniel ONeill's pistol whore
he stood could not have hit Sarah Doyle where
JOHN Ilorty ooerohorassd prseodins visnss~.
Nathaniel xelahoir wss called ~ aa expsst AM
testified that Smith 4 Wesson pistol would mo-
carry 200 yards with . large cartridge.
Andrew Bornhardt testified that the cartridges
used In O'Neills pistol were only medium size
VIM. Ac6hAy sworn: worked at ,Hilles
Jones that day; heard three shots fired; heard
The defence here rested their case and thu
argument Of Counsel was begun, being finished
at noon on Saturday. Chief Justice Gilpiu
then charged the Jury.
He alluded to this case ~ one Of great impor.
tance in more respects than one, and - not the
ordinary case OF murder. Il involves oonsidera-
tons which do not usually enter into cases Of
violencs whore death has ensued. Generally
homicidss are committed by men of no official
desperate idle loafers. This death, Il caused at
the hands Of O'Neill, was caused by an officer Of
Justice. one Of tho instruments used for the
preservation Of public peace and the protection
Of property and persons or lalll men they are
bound to be circumspeot
Oficsrs arc presumed to understand their du.
ties, and there 10 . responsibility resting on
them, and In the performance Of their duties In
proper manner they are under the protection
of the Law. This 10 reasonable principle, other
wise there would Be no security for persons and
property. Bat when they exceed their duties
Whore o. person having authority 70
Arrest another uses proper means to execute
his authority and death results 10 him 1t will be
murder by all who take part in the resistance.
This sppliee 70 civil and criminal cases. The
may repel force BY force In the proper discharge
Of his duties and is protected II death. results.
But an officer must not come to extremities un-
less there be reasonable necessity. II he should
kill where there is no resistance II would be
murder. Where an officer 10 In pursuit Of 4
fol Nd khox L. L. 3.
justified in killing him. Whore . man IL 20
cused Of misdemeanor and an officer 10 pursu.
ing him under warrant and cannot overtaks
him, he is not justified in shooting him, and il
he does It will be murder.
The question for the Jury is whether the pris-
words, was he or not the agent Of her DEATH II
he was not there II an end TO this case. II you
are satisfied the prisoner fred the shot, then the
question Of law arises did he commit murder Of
the second degree2 That is . question Of Law
for the Court.
The Chief Justice then summed up the facts
concerning the warrant on which Wlngate WA
arrested, and instructed tho jury that II they
found that the prisoner deliberately shot II
Wingate and missed him and struck Sarah Doyle
this Ia murder ~ much as il he had killed Win
gate, and the malice is involved and incorpor.
ful and without justification and in utter disre
gard Of the rights Of others carries with it thu
implication Of malice. 1t is implied from th,
unlawful or felonious attempt to commit harm
which unfortnnately resulted in the dealt
| Where felon hies and cannot be UvurtsEcn q
officer 10 justiasd In killing him, and this is th
rule that applies to felony. But this rule doe
| not apply to msdemeanors. There 10 no just
| Hcation and the crime il murder.
This is no new law there is no novelty 1
these principles. II you are satisfied that til
prisoner shot at Alfred Wingate, and the bal
struck and caused the death OF Sarah Doyle, b
is guilty Of murder, and your verdict should b
one Of guilty. But il you are not 30 satisfied
your verdict should be one Of acquittal.
The Chief Justice then made resume of til
facts aud instructed the jury to give the prisone
the benefit Of any reasonable doubt.
The jnry then retired, returning in half n
hour with verdict Of AcquittAl.
O'Neill has been indicted for An assault upo
Albert Wingate with intent to kill, but the cas-
was continued to next term, the prisoner entel
ing bail in $4,000.