The daily gazette., 1877-09-04
B4ors nn1gg 2 &. s b. ..Ftassr. TT u. r.
IAN loJTRAGE. IA

'ntSo " wilmington, committed an as
= sual' 9,si af and !, battery upon him by striking
nun Dack Of the ear with his fist, and
klcklng him several times on his leg ,and
body, Which showedathe marks OF yio-
ience very plainly, and also that the said
honern to the best of his belief was
drunk, and acted like a man drunk or
crazy. warrants were accordingly issued
'iior roller, and subp@nas issued for
Benz "A. Lee, Edmund O'Laymau, Rich
ara Kirby; and for the defence Miss
mary a. Qnigly and William Bareford.
Sn y The first day Of Septem ber being last
saturday, at II o'clock, Constable II. s.
omItn ana returned the warrants cepi corpus
anu supp oenaS sworn ,oui WITNESSES - At
ger waiting short time for Miss Quigly
tne .defedants Witness the trial In The,
Charge of being .druHk, was commenced
none OF the WITNESSES We're positive that
6oiler was drunk, except his own, Miss
teu gly, who said positively thatfi he was
drunk aud according 10 the evidenc q
ordered that he pay q fine of 90 cents
anu costs OF prosecution. Roller then
oe!ng ready in the case for assault and
oaGtery sa6mlttsd in writihg to my de-
cislon. The complainant,s Bepi., X
Lee being sworn, related the circumstflu-
ces which are as follows: On SATURDAY.
the Ioeh day or August 1877, lie came to
market, and raeked his wagon to the
ouro opposite TO Mrs. r. s. Kirby's mil
nnery store, King street; about IL o.
CLOCK he was ready to go home, and
cane with his horse to hitch him to his
Team, but directly in front of his wagon
near the middle of King street stood
M. Eoliers horse and wagon. / asked
ntih II ne would not please to move
my wagon. Roller replied he would do
SO when he got ready, and defied me to
touch his horse; after demonstrating with
MN some time, 1 took hold of the
orilie OF his horse to move him forward
a rev steps. Roller then immediately
Jumped from his wagon and dealt me a
heavy blow with his fist behind my ear,
ana kicked me several times on my thigh
anu oody, and behaved in an outrageous
manner. neither struck or attempted
TO strike hun, nsither did [ strike, kick
or abuse his horse, or speak to him in an
qngentiemanly manner. Edmund o.,
Layman sworn. Was,present all the time
anu holler did without any cause strike
anu KICK Lee several times, and that Lee
Siu not attempt to strike Roller, nor did
ne KICK or abuse his horse, and that Rol-
iers wagon was standing in front, of
Lees wagon at east 20 minutes, and he
refused to move. Richard Kirby sworn.
DID not get there till about the last of it
say quite acrowd. Mary a. Quigly sworn
LOT tne defence. Rollers team Wa5 M
front of Lees wagon at least 20 minutes.
ana ne refused to move, Roller struck
anu Kicked him, and think Lee kicked
ms horse, and Kicked at Roller
- Wllllam -Baref0rd, sworn--Was not
tnere; knew Roller; always obeyed when
the draw was off; had never attempted to
cross pr give him any trouble. There
Wele'ghree We other witnesses for the State,
Mrs. Il. 5. Kirby, Mrs Hannah A. Simp-
son anu Miss Annie Wilson. They cor
ToporaCed TS every word that Mr., Lee and
y, OLayman sw0re to: Roller was fined
$lO and cost. Roller did not name auy
witnesses Tor the defence but Mrs. Quig-
icy ana MT. W. BarefOrd. In default of
payment he was sent to the county iail
In the custody of "A. 8. Truitt, constable.
constable Truitt then arrested Mr.. Lee
with warrants from Esquire Publ, charg-
ing MIN with assault and battery, and
WlGn cruelty to dumb Misunderstanding
Roiiers horse; and on the evidence OF
holer and Mrs. Quigley he was required
70 pay nne OF $500, and $3.50 cost, for
ASSAULT and battery on Roller; and was
hned one dollar and 3.99 cost for cruel
W 10 dumb animals. Mr.. Lee refused to
pay, and was locked up in the city cells
Dy Constable Truitt; he was not sent to
any jail or prison, but committed to the
custody OF I'll. s. Truitt, Constable, Com
menu Is useless. Lee was told that if he
ala not pay he would be teken to Jail at
one o'clock: He was, however, locked
up' ana MS father employed the services
OF John Q. Patterson, Esq, to take charge
OF the case, which will be promptly at
tended to.
The father OF B. X. Lee, James Lee,
went to Esquire Publ for transcripts of
the cases against his son. Publ refused
TO give them till O'clock; it was then
ABOUT haif-past IL O'clock. About one
O'Clock, Edmund O'Layman, ,wheelwright
at Hare's Corner, New Castle hundred,
appeared before me and made oath that
Henry Z. Roller did commit the crime of
gle of Almighty God, before John III.
Publ, Justice of of the Peace. on the
hrst day OF September, 1877, that Benz.
X. Lee did commitan assault and battery
upon him, and that he did kick and abuse
his horse on the 25th day of August 1877.
a the city of Wilmington. Al warrant
was Immediately issued for Roller, and
subpenas for the following witnesses for
the State; . Edmund OLayman, Richard
Kirby, John q. Publ, FL. s. Trnitt, Mrs.
Rebecca S. Kirby. Mrs. Hannah A. Simp-
son and Annie Wilson.
Constable W. b. Hickman sworn
Rsturned warrant cepi corpus and witt
nesses served aud all present. The
charge was read to Roller, who wanted
witnesses summoned but could not name
one, he was not ready for trial and Meth
er were the bank burglars ready for
trial. John 81. Publ, sworn, said Roller
did make oath before him September
first, 1877, as stated in the above charge.
Edmund. o. Layman, Mrs. r. s. Keiby
Miss Annie Wilson, sworn-all stated
positively that BENZ. X. Lee did not, on
the 25th day Of August 1877, in front of
Mrs. Krby's store in Wilmington, strike,
kick, or attempt to do either to Henry
Q. Roller, snd that Lee did not kick or
abuse Roller horse. On such nndouht-
ed proof l held Henry C. Roller to an
swer the charge OF wilfal perjury, in
the sum Of two thoasan dollars, and in
default OF bail he was sent to the county
Jail at New Castle in the custody of w.
b. Hickman, constable; In about an hour
he gave the bail. Upon conviction of
the crime OF perjury the highest fine is
$l,oO0, hence the bail in all instances is
double the fine Bepj K. Lee could not
appear at the trialfor perjury he being
locked up. He will when the proper
time arrives corroborate all that the
witnesses said, and no one knows better
than himself. - - 0O''''
AIR. DEAL Il. Lee Is verv respectable
farmer from Pencader Hundred, near
Cooches Bridge; his father is also the
owner Ct a a