Wilmington daily commercial., 1875-11-19
The Temperature, To-day.
AS REGISTERED AT THE COMMERCIAL OFFICE.
I s A. A.M..............45> Att r. M.,.....a....!
Court Proceedings.

SUuIt lt"abseulDleu hto L. Bl. Slhbt Us. linus
Mccarthy, larceny of an ACCORDION worth s95.
from John Henry Boon. Guilty and sentenced
to pay sos. restitution money, and costs, and on
Saturday Nov 26th to receive 20 lashes, to suffer
6 months imprisonment and months after to
wear convict's jacket.
State uS. Francis Caligmilia, charged with the
larceny OF chicken, the property of Mary Nc
Daniel. The chicken was shown to have been
trespassing on defendants premises when he
took it and the Court directed the Jury to return
verdict Of "not guilty.
State rs Daniel o. 'Nei charged with murder
in the second degree-the shooting of Sarah
Doyle, near Sth and Church SITS.
Attorney General Pennington and Deputy At
torney General Robinson for State; Charles B.
Lore, ESD, for defence.
The following Jury was empanneled; VIM. y.
Forrest foreman, Henry A. Wells Edward i.
Boulden, John w. Reed, Curtis Handy, Chas,
Leak, Levi Moore, George Hawthorne, Charles
Begger, James Ridgeway Francis ID. Dunlap,
David Mccoy.
The Deputy Attorney General gave succinct
statement of the facts in the case, and the ex-
animation of witnesses then commenced.
Dr. j. T. Wales sworn am practlcing ply
scian residing lin Wilmington. DIR. Grmshaw
and myself at the request of the coroner, made
past mortem examination of the body of Sarah
Doyle. Found pistol wound inches back of
right ear. The wound penetrated horizontally
half way though the brain. Took off the skull
cap and found the ball and pieces of the skull
driven in about three or four inches. The ball
was conical. In my opinion Sarah Doyle died
instantaneously from the wound. She was
otherwise healthy. She was about II years old.
! had been called in when she was first taken. in
| the house when was told it WAS a fit.
Dr. Grimshaw sworn and corToborated preced-
ing witness.
Daniel Farra sworn testified as to the ocali.
ty and distances and explained from plot the
scene of the tragedy. Albert d. Wingate swore
substantially as foows--was standing at ilth "
Church on the morning of the death of Sarah
Doyle and saw Officer O'Neil coming over the
lot Ill one direction and Bernhardt IN another
direction. | knew what they wanted and said
mo you dont,n and ran. O'N8lll
said III stop you, and ran
| after me he drew his revolver and fired at
| me heard the bullet was then crossing Tenth
| O'Neil was on the left hand side going toward
| the Christiana. L looked back then and saw
| O'Neil with the revolver in his hand working
his fingers when he fired the first shot, he was
on the east side of Church street, and WAS on
the west side, about 25 or 80 yards ahead of him;
he fired at me a second time he WAS then on
| the east side of Church street, on the
pavement, and l was crossing the street
towards the rolling mill gate l ran in the gate
and ran behind boiler from there ran into
a pit where he got me he struck me twice over
| the head with the pistol and took me to the
| Hall | knew there was a warrant out for me
| for dsordery conduct never melted a mob to
resist an officer at Tth and Walnut Officer Scul-
| ly never read the warrant to me, but he came to
me with warrant for Alfred Wingate my
name is Albert | did not promise him
| to go to the Hall on that warrant
III ran from O'Neill and Bernhard
| because was afraid OF being arrested | saw
the officers and said to myself g Go legs, body
| in danger" Did not hear any of the officers say
| stop O'Nelll was opposite Epworth Chapel
| when he fired first. never threatened the po-
4 t.l1 H.. tI,t
would make it too hot for any police that came
| down Church street. Did not say to VIM. ii.
| Carson, that if lad had my pistol Neill would
never have shot at another man. Know Vim
| Stewart and the two New York Scotties.'
| Don't go with them but speak to them. | never
| shot at my father Was not in the habit of car
| rying revolver l know Enoch Rash. l never
melted Il mob to release Rash while in the eus-
tody of Seully. nor did say to Rash 'they have
/ no right to arrest you, shoot the id sons OF
| b--hs." ] did not attempt to draw pistol be-
| fore or after O'Neil shot at me.
| Andrew Bernhardt swore substantially as fol-
lows remember the day Sarah Doyle was shot
/ was in company with ONeill when he was pur-
suing Wingate; saw O'Neill crawl through the
rail fence on the east side of Church street above
llth; Wingate WAS at 1lth and Church; when he
saw us he ran. We both .called to him to stop
but he would not. He and O'Neill We're both il
middle of the street, Wingate about 25 or 81
yards ahead, when the first shot was fired; about
l57 yards further on ONeill fired the seconC
short, when Wingate was going in an easterly
direction toward the rolling mill. The first sho
was fired down Church street When We
called to Wngate to stop he put hi'
hand to his hip pocket as if to draw
a pistol it was my conviction that Wingate in
tended to shoot one of us; second alto
O'Nell fired the first shot, Wngate ran INTO tht
rolling mill gate ONeill after him cut across
the lot to intercept him and when got arounc
O'Nel had caught him we took him to til,
Hall did not see Sarah Doyle that day; didino
learn of her death for All hour afterward.
Court adjourned till tomorrow morning at II
o'clock.