The daily gazette., 1879-09-17
FIFTH EDITION.
OUR COUNTY CoUR IS,
THIS MORNINGS PROCEEDINGS,
THE CASE OF HRNsLEY CONCLUDED,
AND THAT OF JOHN ROSS TAKEN UP,

THE CASE OF HENsLEY CONCLUDED,
AND THAT OF JOHN ROSS TAKEN UP.
Specially reported for the GAZETTE.
NEW CASTLE, Sept. 17.-Court open
ed At ~ o'clock to-day, with the Chief
Justice and Judge Houston ON the
bench.
The crowd In the cour. room was
greatly augmented by an unusually large
humber that came over from Whining
ton on the 9.l6 train, and the interest In
tie proceedings WAS much grea er than
yesterday In view of the rumor that had
been spread abroad that the alleged iIle-
gal ei1etion cases In Wilmington would
20 before the Grand Jury, and might
probably come up for trial during the
day. The subpGnas for the witnesses
In these cases we've served last night.
The first business was the continue
ton Of the case Of State %. James
Hensley, COL, for assault with intent TO
kill on VIM. II. Jackson, col. When
court adjourned yesterday, It will be
remembered, the evidence had all been
taken in this case, and 1t was ready for
argument.
H. r. Pennington, ESQ, for the de-
tense, addressed the Jury in the opening
to-day. He dep'ored the crime OF muir
der aud Of attempt TO commit murder
But in this case he did not think II was
Al attempt to commit murder, because
there was no intent In the deed. The &C.
| cused had no intention or desire 70 kill
WIN. II, Jackson. IntcEt a. properly
defined was = straining or stretching OF
the mental and physical facu ties afte. .
certain object. II 1t was an attempt to
commit murder there must be . strong
devilish endeavor after . mans life. II
must be . deliberate idea previously
formed, or suddenly formed and deliber-
ately carried out.
In luoking at the evidence, the attor-
ney said he could see nothing that could
prove an intent 70 kill. He then pro-
ceeded TO detail the affair, a. related BY
the Witnesses. The two men Hensley
and Benson were standing on the corner
and were drunk Benson spoke 10 him
and the fight grew out OF that.
There was razor used by Hensley and
. pistol used by the men Who had been
assaulted, but now grea' question arose
upon an existing doubt a. 10 whether the
hot was fired by Jackson before or Of er
the cutting, and also, ~ 10 whether Hens.
ley or Benson did the cutting frat.
From the facts In the case, It would be
hard to prove an intent to kill, even II
the cutting did preceds the shooting.
Bennett and Dennis Sharper had testifi-
ed last evening that the cutting followed
the pistol shcts, and Harden testified
that Benson used the razor before Hens-
| ley did. In closing he asked the Court
to charge that drunkenness being an
actual circumstance must be taken into
consideration in deciding an intent to
commit murder.
In his address to the jury for the state
Deputy Attorney-G General said that IL
would be as easy for the state to prove
an attempt TO commit murder as II was
to prove = simple assault. The defense
had not undertaken to deny that two as
saults had been made that evening with
a razor, and one of them deep cut In
tue side of the face. In these days Q
negro does not carry . sharp razor to
shave with, but to take human life.
There should be no excuse for drunken
ess when it inctes one man 10 kill anOth-
er. He may have been drunk, but still
he was sober enough to follow up Jack
son persistingly.
In charging the jury, the Court al
lnded to the frequency OF such cases in
he State, and more especially in this
county. or the cutting there could be
no doubt, and it death had ensued from
the cutting II would have been murder.
II is true that the evidence showed that
he was intOxica ed, and while the ques-
ton Of intOxication was not an excuse
for crime, II may be considered In cases
where the question Of intention arises.
| The case went to the jury at 11:10 o.
clock.
At l o'clock the jury In the case came
down and rendered a verdict of guilty
not In manner and form as indicated but
| OF assault.
State us. John Rose, COL, for assault
with intent TO Lii on John Weberly col.
Robingon for State II. c. Conrad for
defense.
Weberly was the first witness, and be-
ing call, d testified that ON May 23rd,
Rose and boy we're wrestling in a
blacksmith shop at Bellevue Quarry in
Brandywine hundred, during q rain
storm that compelled the men to stop
work. He was too strong for the lad
and was called on by him 10 help him.
lie caught hold Of Rose Ia good hu Nc +
and threw him three times, when Roses
brother showed him away. Rose then
stabbed him with pocket-knifs In the
side from the effects Of which he was
laid up two months and half.
The next witness was Archie Hend' Q ;,
col, who testified to seeing the blOo1
after the cutting, but did not see the
using Of the knife. This witnesses name
appeared on the warrant as "Arche Hen
ry," and it appears that under this name
he was summoned to appear in Court
yesterday but did not respond. When
he had concluded the testimony Chief
Justice Comegys asked:
"Archie, was not warrant served on
you yesterday to attend Court on that
day ?"
"Dat wasn't for me, !" said the prisoner,
"Dat wur fur Archie Henry; my names
Archie Hendley."
"That was not what asked you, sand
his Honor; twas not the warrant served
on you ?"
ayes, but den you know dat It wuI
not fur me-"
"If the warrant was served on you and
you were told to come 1t makes no diff
ference whether your name was on II
right or not you are held to pay for the
attachment issued for yOu," said the
Court.
| This surprised many in the courtroom
as they did not know that sach was the