The daily gazette., 1877-05-11
THE COUNTY. COURT.
MORNING SESSION.
Specially Reported for the GAZETTE.
Nrru q enI II Mau 10

NEW OAoALrj dAoy AO'
Court convened at 10 o'clock this
morning, Chief Justice Comegys, Hous-
ton and Wales on the bench.
The first case was State VS.. Thomas
Burroughs, for assault on Nathan Crisden
The evidence in this case for the State
was that Burroughs made indecent re-
marks to Crisden's wife, and upon Girls
den's protesting, swore at him and drew
a revolver upoA him. The defendant
showed good character and the jury re-
turned verdict of ''not guilty"
| State VS.. Alexander Winchester, for
bprglariously entering the house of Geo.
Roberts, aud stealing therefrom. De-
fendant pleaded mot guilty"
About noon the Court took up the case
of State VS.. John Rhodes charged with
the murder of James Temple. Of Will
mington. Attorney General Penning-
ton and his Deputy, Alfred Robinson, Esq,
represented the State, and Levi q. Bird,
Esq, appeared for the prisoner. After
considerable difficulty, the following jury
was secured:
| S. G. Holmes, Brandon Reed, Clark
Pierce, Jacob Herman, Arnold Naudain,
Alpheas Pennock, A S. Eliason, w. S.
Reynolds, Oliver II. Perry, D. Taylor
Bradford, Joseph G. Rankin, Isaac r.
Stats. The indictment was then read
and the jury took recess until o'clock.
AFTERNOON SESSION.
At o'clock Court commenced and At
torney General Pennington briefly OPEN
ed for the State in the Rhoads case, after
which witnesses were called as follows:
DR.. II. o. Ogle, sworn-Am a practic-
ing physician in Wilmington; knew
James Temple, and made post mortem
(examination of him at Wilmington; re-
moved clothing; found an. irregular
wound on the head, fracturing the bones
slightly; on the left cheek a wound di-
viding the ear; throat was cut deeply;
from ear to ear, and extending back near
| ly to spinal Column and very deep; OH
left hand, wound made across first and
second fingers; the wound on the head 1
do not think was made by a smooth in
strument; the other wounds were made
by sharp instrument; the wound ON the
head was about II inches long; made
this examination about 2 o'clock on Sun
day p. M, in presence of Drs. Grimshaw
and Springer:don't remember what clothes
were on Temples body, but they were of
little value; the coroner was not present
| at the examination.
Cross-examined; he might have receiv-
ed the wounds on the head and recover
ed.
Lucinda Duckery, sworn-April 21st
last, lived at Mr.. Johns in Wilmington;
knew Rhoads; saw Temple lying dead in
the road on Sunday; saw him alive on
Saturday in Wilmington with market
basket; on that Saturday night, L left
Johns, went to the saloon and shut up
to go home; Rhoads went with me to the
forks on the New Castle road, and there
left me; l went on to my fathers, who
lived on Lobdell's; when Rhoades left
me, he said he was going home, and
turned toward Wilmington.
Rhoads had been keeping company
with me before l met my father that
night or my way out it took me about
to get home and | did not being
first knew of Temples death when a
neighbor calling mother that night, ]
was then lying ID the bed and woke
mother up, my mother, some men,
and myself went to see who it was and
found Temple lying in the road though
Temple was deaG and knew him then,
Temple sometime stayed all night at
our house, can not say that Temple
was to be at our house that Saturday
night, Temple did say he would be
there that night or next day, l did
not tell Rhoads this stayed near the
body and others came there, it was the
next door neighbor who give US the
alarm, that night Rhoads had on a
light shirt with calico bosom, black
pants his working cloths, had no con-
versation that night with Temple ex-
. cept he would go home to bed, never
heard RhOads make threats against
Temple, heard Rhoads say there was
son Of b-h he wanted to get a crack
as when he would be satisfied, knew
Rhoads pants at inquest as had !pack
ed them; they were not the same pants
that he had on the night Of murder,
went back to Temple on Sunday morn
, ing as was going to town was ar
rested on Sunday morning after muir.
der because had blood on my shaw
don't know anything about the blood
Temple came to saloon on Saturday
morning OF murder to see me and again
at 3 o'clock, first time saw Rhoads
that night was at the saloon, saw him
during the day.
Cross examined--Have known
Rhoads some time; first met him al
Seals on Shipley street, had two chill
dren by Rhoads; do not live with him
as wife, never told anybody thai
Rhoads was my husband, Margaret
} Ellis told me that Rhoads had writer
! to her, got Ellis to write to Rhoads
for me and Michael Dunn directed it
Didn't tell Ellis to sign it for me as his
wife. Rhoads generally weat home
with me, Rhoads asked me that Satur
day night when he was going toward
home, that must think Temple wat
there, I said no; when Rhoads left me
he said he was going home to his
mothers and would see me on Sunday
Re-dir act-l can not read writing and
1 did not tell Ellis to sign that letter as
his wife.
Joseph Duckery, sworn know Tenn
pie and Rhoad, remember when Temple
was found dead. 1 was home in bed
when Lizzie Williams told us there was
a man found dead. did not stir; heard
it about Ii or 12 O'Clock, that Saturday
night, cannot say exactly; when l heard
1 Aa 70.