Daily Republican., 1878-11-23
Special Correspondence Of the RHpusLicAs n
( NEw CAsrLs, Nov. %.

N"W SA0ILsB Nov' -.
1.-THE proceedings Of Court su bseq uen
to those published In our lats edition
Of yesterday are ~ follows
Court r., assembled At 8 O'Clock.
John Mraley was then put upon trial
Tn. prisoner was arraigned on . charg,
Of assault with intent TO kill, commit
tad upon James Toner, on May 25th
last, aud plead mot guilty" Sharp
Icy for State. II. r. Pennington for dr.
fence, assigned by the Court.
james Toner testified That on MAJ
5th, he was standing on Market stree
near Harmony, New Castle, In company
with a friend, when Meal~y and John
Clark ,ame up. Toner spoke to Clark,
and ask cd Mealry how he was. Msal-y
replied that II was none Of his business
and thai he (Toner) didn't seem to care
how hs was getting along, as he had
passed him early in the evening with,
out speaking 70 him. Witness apollo.
giz.d, but Mealey would not bs plaza.
ted and high words ensued, which drew
a crowd. Officer Hanson then came
up and took Toner into custody, who
said he did not think hs had hold of
the right man, that be should hav.
taken Mealey. He walked down the
street short distance with the officer,
when the crowd dispersed, then the
policeman released him (roner. y
A short time afterwards he overlook
kealey near the Presbyt tsrisn church
and said to him "you are dickens Of
a fellow: you nearly got US arrested
Aealey replied grufiy that they ought
to have been arrested; this made Toner
mad and he called Msaley q "dirty lit.
tie cur" Mealey said hs did not allow
anybody to call him that, and struck
At Toner with something which witness
supposed to bs knife or q razor; the
weapon struck him In the mouth cut
ting his tongue and slashing . cash
from the corner Of his mouth down
across his chin; Toner then turned
aud ran across the street and through
the market house; witness had been
drinking some; had never had any
quarrel with Mes!ey.
This testimony was corroboratsd n
some points by two or three other wit
nssses; and DR.. Way testified that he
dressed the wound; that II WAS an in
cised wound extending 10 the bone and
had evidently been made by some sharp
instrument.
This closed the testimony for the
State and the defence called officer Hau.
son, who testified to arrssting Toner on
that night; he was refractory and de-
clined to 90 until the officer put his
hand in his pocket after pair Of nip
psrs; saw Toner afterwards and he
halIoed to him and said Msaley had
cut him; Msaley and Toner were both
hln-what intoxicated. Several wit
nesses were also called who testified
that Mealey lore good reputation and
was very peacsably disposed indi-
vidual.
The case was then argued by counsel
on both sides and the court charged the
Jury saying no speech, however oppro.
Orious, will not justify an assault even
much less the infliction Of bodily injury,
II the jury believed from the evidence
before them that Asaley's intent in
striking at Toner was to take his life,
they should bring in verdict Of guilty
IN manner and form a. indicted, ifthey
did not believe such was his intent, but
mat hs made the assault a. alleged,
!Ary might convict Of an assault merely.
ID such cases the nature Of the weapon
used and the manner In hich 1t was
Used, as to whether It was directed to q
vital part or not, should bs taken into
q Consideration by the jury in making up
their verdict.
The Jury then retired, and after an
Absence Of fifteen minutes returned and
fshdsrsd = verdict Of guilty Of as
%alt." The court then pronounced
,ne W, following sentence, saying that II
ad 30 in order 10 mark its dstsrmina-
Won to punish all such offences with
proper vigor. The sentence was: A
me Of $500 and costs and months
Imprisonment. w. |,
At 4.40 P. N. thu Grand Jury entered
'.urt and were discharged until noon
" Monday next. ,Ne. ra q
Court then, At s o'clock, adjourned
until noon next. y SIR