Daily Republican., 1879-05-20
FIRST EDITION.
M KILLED PERRY DEMBY ?

HO kILLEn TE""A
termination Begun at New
astIe-Did the Prisoners do IT
Aamuing Evidence from the Sur.
.vtnx victims or the Midnight
ssauIt-The state Opens the Case
The Son Of the Murdered Man
es,ihes-The Prisoners are Re.
oxuixed az Being the PARTIES
no Assaulted the Old Man.
n our late edition of yesterday we
We the names Of those forming the
nnel and also the jury who were
scted to try the case. The report
FRIED us up as far as we could posi-:
90, and so to-day we begin With the
(al itself. After the indictment had
Ven read to the jury an adjournment
Is taken until afternoon. Immediate,
\ upon re-assembling the State opened
" case. Henry R. Pennington, ESQ,
pn of the Attorney General, began his
He said:
&(5ENTLEMEN OF THE JURy:--It is hardly
cessary for me to attempt to enlighten
N upon the serious nature OF the Of
bee charged in this indictment; OF
ch we may say that there is not
bre serious or more important mat
to the general public tLan that
hich you have been sworn and em.
nelsd to try. 1t is hardly necessary
me to remind you Of that fact for
is evinced in the great care
bich has been exercised in your
lection which is of itself sufficient to
ggest to you that the case is one OF
Bra than usual import. But however
bat or vital it may be IN the re-
Its you sworn jurors must under
Ike that l,lty with tirmness.
You and you alone, OF all the citizens
this county have been selected as the
ly twelv. men capable to sit in judg
ent in this case, you are supposed tc
aintain no pal tiality for either the
ate or the prisoners at the bar. You
in tina box as a fair and impartial
Try. You are supposed to have heard
bught in this case which may in any
hv tend towards prejudicing youl
lind either one way or the other. The
.th you have taken demands OF yor
a you try this case upon the evidence
it shall be submitted to you in that
bX.
This indictment which has been reat
your hearing charges the prisoners
the bar, Walter Finn, Griffith Smith
Is. Monahan, and George Kopp with thu
lrevous offence of murder. In the con
liberation Of this, two questions viii
naturally arise before you can act in
diligently; one a question of law an'
b. other question of fact. VIVA
Murder is, is a question of law; whethe
Burder has been committed is a ques
lon of fact. But as il is difficult for
hry in weaving the law, as it is il
bis case you become judges OF a mixe'
%uestion both of law and fact. Wha
institutes murder you must apply il
bis case. You thus become judges Q
mixed question as to whether mur
er has been committed.
# This indictment prefers in the usua
Hammer that upon prima .facie proc
here is sufficient evidence which shoul
v submitted to petit jury. Tn
law bearing upon murder was read
Murder OF the first or second degre
IA that proceeding from malice express
Ia or malice implied. What is malic
1t is where a person kill
A 3&pother with a sedate or deliberat
hind and formed design seen by e1
ernal circumstances. Malice implie
where a person from any deliberat
~ riminal act, however, where a perso
h Hills another with provocation the la
resumes the existence of malice
anslaughter is the killing of anoth'
kithont malice, where man is kille
n hot blood.
So under this indictment you ma
nd defendants guilty OF either thr'
lst as you see fit. We shall hold
bis case that it will not be necessal
= br the State to prove the existence
pite 5r revenge, or the existence OF eve
ancor between these men and the d
IA based, but shall show that their a
4 las one coming from depraved heal
When Perry Demby on the night
he fifth of April in company with thr
thers, a son and two friends, had eros
ID Market street bridge, one, a har
n |orking man was somewhat in advane
leaving the city of Wilmington abo'
q 80 o'clock on Saturday night, Ju
fter crossing Market street bridge,
v urned to the boys and called to the
to hurry up.' Just as he got opposl
|le Of the saloons kept on the sou
ide of the bridge he was attacked by
rowd of white persons four OF VINO
~ say are the prisoners at the bs
# he companions of the old man came
ind were also attacked and at the
ire OF the old man Aed for their liv'
Ne shall prove by good witnesses tt
he attacking party ran towards
bridge.
Another party picked the old m
III p and young man was sent after
eeing friends of the deceased; but
Don stopped and coming back hell
# fheir aged friend. The young negr'
Imposing it was their assallants s
pursuing them went on their way no
pver the causeway. These parties "
bad picked the old man up finding u
he pursued would not return took d
Down pretty near to the turning OF
road, at the track of the Delaware
~ Western R. r. Company and there
hm. We shall show that old man W
Staggering on his way and there
Leave him until we find his b'
about three quarters of a mile on
causewav next morning, dead.
Upon post mortem examination
N was found that the skull had been II
tured and that one of the blood YES!
of the head had been ruptured. In
" must be some conflicting testlmo
but we shall hold that this man CT
M L., 4 1