The Morning herald., 1877-05-11
Local Affairs.
COURT,
COURT, .-----
THE TRIAL OF JOHN RHoADs FOR THE

NEWCASTLE, May 10.-The Court met
yesterday morning at 10 O'Clock Chief Jus.
tice Comegys, and Associate Justices Hous-
ton and Wales, on the Bench.
After the calling of the Grand and ira
verse juries, the business Of the day was
proceeded with.
The first case called, was State vs.. Thos.
Fl. Burroughs for assault and battery on
Nathan Cristen, colored. This case was
good deal mixed, it seemed that Burroughs,
had offended the dignity of the ebon spouse
OF Nathan. This led to some high words,
and threats to shoot. Barking dogs never
bite, so It was with Burroughs it was 'all
talk and no shoot"
Many nelghbors testified to the good char.
acter OF the defendant. The jury deemed
the luxury of law suit sufficient glory for
Nathan, and by their verdict of not guilty,
sent him back, to ponder upon the laws un-
certainties.
Alexander Winchester, colored, was ar
raigned for breaking into the dwelling
house of Joseph Roberts, Esq, and plead
ed not guilty.
TRIAL OF JOHN RHODES.
A little after IL o'clock, buzz of excite
ment announced that the great trial of the
Term was about to begin. The prisoner
was brought in, and amidst death-like
silence the preliminaries were gone through.
The prosecution was conducted by the At
torney General and his deputies. Rhodes
was dressed very neatly and conducted him.
self with becoming courage and serenity to
meet his awful trial. Levi Bird, ESQ.,, de-
Tended him, and after losing more than an
hour In challenging jurors, the following
jury was selected: 8. G. Holmes, Random
Reed, Clark Pierce, Jacob Herman, Arnold
Madin, Alpheus Pennock. A. s. Eliason,
Walter 8. Reynolds, Oliver H. Perry, D.
T. Bradford, Joseph G. Rankin, Isaac r
Stats. ...'....-.
Attorney General Pennington In opening
the case, forcibly impressed upon the jury
tho nature of their duties, defined the law
of murder, and carefully warned the jury
not 10 be swayed by any prejudice or bias
against the prisoner. The learned gentle
man then narrated with great clearness and
accuracy the facts of the case, which we do
not publish here, as they will lappear fully
in the evidence.
DR.. Howard M. Ogle, was the first witness
called for the State: am physician and
reside in the city of Wilmington, l examined
the body of James Temple and found
\ wound on the side OF the head four inches
above the left year, and four inches from
the root of the nose; the wound was evil
deptly by some blunt instrument; the skull
was fractured and the wound was two
inches In extent; we also found the forefn~
ger ofthe left hand was cut to the bone at
the last joint and end of the next finger;
there was cut extending from back of the
left ear, cutting through the lower part OF
the ear, six Inches In length, extending
nearly to TO tie middle portion OF The lower
law, cutting through the flesh. The throat
was cut, evidently caused by more than one
cut; 1t was hacked, beginning beneath the
chin and extending from one ear to the
other, down to the back bone, all the A.
teries and veins on the side of the neck were
cut: 1t was evident that the man wat
stunned from the blow on the head, and
was in an ineensible condition and not able
to offer resistance; these wounds caused biz
death.
Drs. Springer and Grimshaw only made
: supericial examination of tho body.
Gross examined by Mr.. Bird. The wounds
were necessarily fatal, the fracture OF tn
ekull was produced with smooth blum
3 weapon. The skull of the negro is usual!
| stronger than Ia white man.
r Lucinda Duckerry sworn. l worked OF
the 2lst of April at the restaurant, corne
of Front and Shipley streets. ! knew bot
y James Temple, and John Rtoades.
never heard Rhoades make any threat
about Temple but he said he wanted to &c
a crack at the s-n of q b--h, then b
}. would be satisfied. saw the pants at tn
- Coroner's inquest ! know them from tn
, patch which l sewed on.
= Cross examined. Did you 60 back to tn
body of Temple any more until sunoa
"a morning.
Answer. No.
j. When going to town met two police off
Is GERS coming up to arrest me, as they So
!. blood on my shawl, have been In jail eve
. since saw Temple on Saturday. April III
~ at 5 O'Clock. lirst saw Rhoades that da
q when he came to the restaurant, saw bill
" through the day he went with me until g
u to the forks of the road and then said goo'
~ night and started towards Wilmington.
le Cross examined by Mr.. Bird. first m
% him at Mrs Deols, on Shipley street,
came there and took me to party. new
: lived with him as his wife. did sign p
per once as Rhoades' wife !; yes Khoad
was In the habit Of walking out home WI
me: had no conversation about James Ter
h ple he asked me when was going to 8
no home /; he said he thought Temple was
az to the house and that he would zee him
- Sunday as had to 60 back to restsura
'eT that afternoon.
Rc-examined by Mr.. Pennington.
Ican't read or write.
Joseph Duckery sworn. l knew bt
ch flames Temple and John Rhoads the '
. g.s = ~ d. 4 .a ~ y 81 ia : H