The daily gazette., 1878-05-15
SECOND EDIT ON
Our County Court.
MYERS FORGERY CASE ON TRIAL-APLEA
OF INSANITY INTRoDUCED-HIs SEN
TENCE-OTHER TRIALS.

NEW CASTLE, May IA.
The proceedings following those pub
lished in our late edition of yesterday
are as follows:
In the case of State vs.. John Geary for
| selling huuor without license, John
DOlson, the prosecuting witness, refused
to answer to the question as to whether
he had been convicted of horse stealing,
and the prisoners docket was brought in
| evidence, and Warden Herdman testified
that he had had him confined in the pill
lory and whipped with twenty lashes for
the offence. Dolson said he came from
Burlington, N. j., and was on a visit to
a friend in the city of Wilmington.
John Turner, sworn, testified that he
had lived in the house of Geary for three
months and that he had seen no whis-
key drank in the house while he was
lodging there.
After rigid cross examination by the
| Attorney General, Mr.. Turner acknow-
lodged that Mr.. Geary had a bar in his
room, back of which were decanters. He
didn't know whether there were spirit
nous liquors N the bottles or not.
| The case was argued by the respective
counsel.
The Judge charged the jury to the eff
feet, that if they believed the testimony
of the man Dolson it made no material
difference as to whether he was releas-
ed criminal or not the State had lifted
the ban from those who had served
terms as criminals, and their testimony
is admitted in the court ofjustice in this
State that if they believed this witness
they were compelled to give verdict of
guilty. But If they had any reasonable
doubt about it they should give the priso-
ner the benefit of that doubt.
The jury retired and after an hours
deliberation returned with a verdict of
("not guilty"
State VS.. Francis P. Myers, indicted for
forging the name of Louis Bullock, and
publishing and uttering noteillegal with
the intent of defrauding d. II. Kent q
Co. Vallandigham for State and III. Il.
Pennington for defence.
Lewis Bullock, testified that he was
father-in-law of the prisoner, and that he
had boarded with him at his home in
East Wilmington. The amount of the
note was S119.63. He knew nothing of
the forgery until the note was brought to
him to cover the face of it.
The court took a recess at this point.
| AFTERNOON SESSION.
Court reasembled at o'clock, case of
State VS.. Francis Myers resumed.
Mr.. Wells, of the firm of ID. III. Kent
& CO., testified as to having had the note
in the firms possession, and having had
the goods, consisting of carriage hard.
ware, delivered subject to Mr.. Myers
order. When the note was due he went
to Mr.. Bullock and presented the note
but was told by him that he knew moth
ing OF the note whatever; that he after
wards had Myers arrested for the for
igery and he (Myers) had confessed 10 hun
as to the commission of the crime. Mr.
| Wells also acknowledged as to hayinl
received letter from Mr.. Myers praying
NOT to prosecute the case, that he would
} pay the note as soon as he could get til,
money.
The State rested the case, and MI
Pennington in his opening admitted til,
crime, but offered as palliation of tn,
offence the plea of insanity. Mr.. Pen
nington said he would endeavor to show
for the prisoner, that by reason of finan
cial embarraSsments at the time OF the
offence, and because of an accident re
ceived from a railroad collision, his mine
had become so impaired that he wa
wholly unaccountable when the deet
was committed.
DIR. Snitcher was called and stated tina
he had attended the prisoner the da.
after the accident atEllersly station, som
six years ago; that he found the chest o
Mr.. Myers greatly compressed and hi
lungs injured; didn't think the min,
could have besn affected. The secon,
: time that he attended Mr.. Myers was oi
} March lst, 1877, when he found him sui
} fering from the secondary effects of
! dose of laudanum, which he had take
, to effect self-destruction.
) The Court thinking the examination
was becoming irrevelant checked til
: witness.
t Mr.. Pennington, as an explanation
: SAID he was trying to prove that the pris
} oner was weak-minded.
The Court replied "that an act at self
destruction was not an evidence of in
sanity; and 80 it has been cited over an
= over"
RI Upon cross-examination the Docto
, SAID the prisoner had fully recovered b
J the 9th of March.
Mr.. Geo. Lewis, brother-in-law c
the prisoner, testified, that Mr.. Myel
S had been in the habit of straying o
e from his family and leaving his wher'
i abeuts unknown. He also alluded to hi
e actions which he said at times were Yer
G foolish.
elbow do you mean foolish?" asked tn
"Why, he acted dumb, replied the wi
ness.
: The judge, Gmpatiently) "what do yo
e mean by acting dumb?"
# The witness, desperately "why he wa
h crazy"
Mr. Pennington, "did he act so whe
| yOu dhu Sh'i vi outo w a
when you were bringing him home land"
Mr.. Vallandigham- wayV"
Judge-"Let him go on; you will say
time by it,"
g Mr.. Pennington-"But your honor
. want to show that at the time the otfenC
was committed, he committed acts Il
: sane man would be guilty Of"
e Judge (carelessly.) "Oh! so does ever
II man who commits a bad crime; VIII
d that's what was said about that man Gu
ting his wife's throat"
The Gaze was submitted to the jur
without Argument and they returned
n verdict of guilty.
q State VS.. Levi Purnell indicted TO
!, committing an assault with intent to lu
4 Winner Price, on the 18th of December
: The parties to the affairs were eolore
"a and the trouble all arose over the wife
Purnell seeking the company OF Pnc
much more than she did his own. Upo
M the night of the 18th Lewis wife was at
- party where Price was, and Levi heal
u ing of it went to bring her home; br
meeting Price upon the way on alterci
II ton ensued AMI Levi began an operatio
1t upon him that nearly deprived Price {
t. his scalp. The attack was made with
v sharp knife and the wounds were on til
a forehead and the back part of the heat
,s the latter about three inches in length.
rha oh ~