The daily gazette., 1878-12-05

~ '". "tS htcoptCttCc COuIlStL-ISengtIv
Session.
Special to the Gazette.
NEW CASTLE, Dec. 4, 1S7S.-[The
proceedings subsequent to those publish
ed in Yesterdays issue are as follows:1
After the report of the Grand jury had
been read, the Court replied at some
length:
We have listened with much interest
10 your report, which is certainly valu-
able one and which we certainly approve.
The suggestions are good ones indeed,
and we are very glad to know that the
Hrand Jury has examined into this mat
ter 1t renders it unnecessary that we
should take the action we intended to
take, to know that the present Sheriff
iulfils his duty in regard to the confine-
ment OF prisoners. 1t has been a great
scandal to the administration of Justice
IN this county, that prisoners have been
allowed to go at large. No Sheriff ever
had the right to permit any of them to 90
at large, and any of the Sheriffs permit
ting it, ought long ago to have been in
dlcted, for imprisonment is as much a
part OF the penalty, as corporal punish
ment; and if a prisoner is only techni-
cally in custody and really allowed to 90
at large his situation is better in many
respects than that Of many honest men,
because he is gentleman at large at the
expense of the public. We do intend
now and hereafter, whenever we know
OF any person who is confined under SEN
tence for crime, is allowed to 20 at large,
the Sheriff shall be indicted if the Grand
jury will do it.
And now with regard to the indiscrimi-
nate access which has been allowed to
the prisoners, it is the duty of the Sheriff
to allow access to prisoners only at
proper times and under proper restric-
tions. Here the Court read from the
18th section of the Bill of Rights, to the
effect that none were allowed to converse
with the prisoner, except under certain
circumstances, other than their counsel.
The Sheriff is judge of the proper reas-
ons and restrictions, but this indiscrimi-
nate visiting of the Jail is wrong and
ought never to have been allowed. 1t is
in this way that persons are furnished
with the means of breaking Jail, and it
has been subject Of conversation of
ihShopaptl Iidb nODDdl tdI ne
kept and confined in this strong Jail of
New Castle. Any one can understand
how prisoner with dexterity or adroit-
ness can get out when such indiscrimi-
nate visiting is permitted. We say to the
Sheriff, i'll the presence Of the Grand
Jury, that he is not to allow indiscrimi-
nate access to the Jail, access by counsel is
to be allowed, and also the visits of such
persons as are connected by the ties of
kindred may be allowed, so far as the
claims of humanity with reference to the
latter may require.
We consider this report as very valu-
able one and We only regret that you did
nj take into account the poor accomme-
dations we have here with the fumes
from the kitchen of the Jail constantly
around us.
After these complimentary remarks
the jury was discharged as stated earlier.
The remaining portion Of the morBing
session was consumed in empanelling a
jury to try Geo. Draper for murder. The
following are the Dames of those called,
and those sworn:
Accepted-James NJ. Hirst, Alfred b.
Mckee, John q. Morrison, j. Il. Brown,
Lewis A. Wright, John w. Pennington,
Lorenzo b. CHM, Frat kiln Wright, VIM.
Murphy, Howard Jordan, James l..
Black and James T. Veazsy.
Challenged-J. Henry Houston, George
II. Powell, David Morrison, Samuel
Gregg, John McKeowin, Richard L. Mar
tin, Edgar Sheppard, Jesse james, Robert
Buck, John f. Weldin, VIM. m. Haw
thorne, Matthew Rilett, James Powell,
and JOHN S. Ca,person.
Coz sceDtious scruples-Nicbolas G.
Price, Job S. Austin, Alexander Everson
and William Major.
Excused-Joseph Cleaver.
Court after the panel bad been made
took a recess until 3o'clock.
AFTERNOON SESSION.
Court re- assembled at 3 o'clock. Dep
uty States Attorney Robinson, opened
the case If George Draper. He stated
that the STA C would be able to show that
George Draper, the prisoner at the bar,
thu on morning in September, engaged
in cutting wood on his own p emlses, and
that while so engaged the deceased, John
Wilsod, came by and entered into con-
versa ion with him; and words took
plat e AS to whether the prisoner should
erect panel fence that George Drap, +
was requested to repair This feafe, but
George refused and words took place be-
tween him, (the pIisoner,) and the de-
ceased, that be, (Draper) either said he
be waited TO see if he (Wilson) came
near. he weuld knock bis head off; that
the deceased walked up to where Draper
was cutting wood-it does not appear he
came with any intention ofstr'king him
that as soon as he came near enough the
prisoner at the bar stepped up and struck
him ON the shoulder W th an axe, cu'tiI g
two main arteries and that the deceased
after being truck walked but l tile dis
tance, said, God have mercy on my
sonl,j dropped and soon after expire d..
0rhe main facts will be shown in the
case thru ugh the several eye witnesses OF
the affair. The witnesses will give some
what contradictory evidence as to what
occurred upon that day, but l have no
doubt that so far as the main facts are
involved their testimony will be UNI.
If II be 40. if these facts be proven, we
shall claim that they show case OF mnr.
der. W tn malice expressed ana that
vour yeroict should be 'gullty IN mah-
ner % and fo,m, as he stands indicted"
Jonathan Hazard, COL, sworn Live
i - L.