The daily gazette., 1879-05-20
THF couETr'Y!l COURTS.
THE DEMBY MURDER TRIAL
UNDER WAY-aT'HEl STATES
10 OPENING ADDRESS. A'''

THE DEMBY MURDER TRIAL
UNDER WAY-aT,HE STATES
10 OPENING ADDRESS. " a''
Is,iIu i .rT71r- 0u4 9.g
THE HxANrNAftoN cr rRR SrArs's
wTrNnsens C0NnnNcKD --AL0Nzo
DEABf, CEfks. wAsHfNGT0N AND
sAM'L cI2AhK TELL WHAT hTHEY
KNOW, AND fDtesT4Rt THE PKIsok-
EHS AS PENNY f1lMBi'
lspeeially rsportsd fsr M GAeE1Ts.la !
NEW Castle, May lo.---When Court
adjourned for the noon recess, to-day,
sthe jury in the case Of the Stats -.
Walter Finn, Georyo Kopp, Griffith
Smith and James Aonsgan were smpAn-
elled, and tho indictmenta haA been read.
The jury was composed Of the following
gentlem0ff: ,ll M .Ll ~ 4 !u nJi
Joseph Piercs, Brandywine Hd., fore
man. puuf l-n+r.n ui fo
Thomas Davidson, New Castle Hd.
Thomas Morrison, Mill Creek Hid.
/ James Parker, Wilmington. la siG ,
- Simeon Lord, St. GeorReh Hd. J.oi. Of
Frank H. Diehl, New Castle Hd.1
Geo. +. Deakyhs, New Castle Hid. d.
John T.. Reybold, Red Lion Hid! ii 81
Merritt II. Paxs0n. St. Georges I'D. 3
John Otto, Jr., Wilmington ,tl,4aJ
Nathan Aiegler, White Clay Greek Hid.
Julian Cochran, st. Georges Hd, iail
At'the opening Of the afternoon ses-
sion, the trial commenced In earnest.
Attorney General Pennington and H.
r. Pennington, Esq, counsel, for the
State, occupied The tabie il font of tie
Jury box, while Geo. Gray and Levi C.
Bird, Esq, counsel for the defense, o.
cupied the table In front Of the Clerks
Kopp, Smith and MonAgHh, who watch
ed an the proceedings with the liveliest
interest and concsrn. The prisoners
occupied the criminsl dock, guarded on
each side by bAififI who held in their
hands the wooden pixies thst are always
brought into requisftfon when prisoners
charged with capital o6ense ape
brought into and taken out Of tho court
room. All four Of the judges were on
the bench, and the court room was
crowded almost to suffocation by horde
Of spectators Of all ages, colos and con-
ditions, who watched every point OF the
proceedings with the closest atten-
ton. T-,.t.r ,..,
BY direction of the Court, the narrow
passage-way back Of the jury box, f.
vorite resort OF many of the audience,
was cleared when tho work Of empanel-
ling the jury commenced, and q bailifi
stationed there to keep it clear. m b
Shortly after three O'Clock, H. r. PEN
nington, Esq, opened for the State In q
brief address to the jury. He alluded te
the serious nature OF the crime the pris-
oners at the bar were charged with
IS was evidenced by the exceeding carr
| that had been exercised in the selection
Of the jury, by whom only could the cas.
be tried. You are supposed, he said, t.
have no Partially for either side; you
are supposed to be fair and impartial
you are supposed never to have heard
aught of this affair before, and your
oaths demand Of you TO try this case
from the evidence ss It shall be submit
ted to you from the witness box
This indictment, charges the prisoners
with murder In the first degree, and In it,
determination two questions arise. One
is q question Of law, and the other is &
question of fact.N What constitutes q
murder Is question of law, and whether
vi llOL u lnuIuCl A0o OC0u NOAAl4lttC0 -
question of fact. The Court will tel
yea what murder Is, and you are to app ]
to the evidence and ascertain If murde
has been committed. t....,..
Mr.. Pennington said that while the
Indictment charged murder in the first
degree, the jury could render = verdic
of murder In the first degree, In the
second degree, Of manslaughter, or of &C
quital, as they thought warranted by tn
evidence. He then defined the different
grades of the crime of murder, the firs
degree comprising killing with malic
prepense or aforethotght, either express
or implied; the second comprising kill
ing with malice but without any deliber
ate or formed design; and granddaughter
comprising killing without any Inalic
prepense or aforethought whatever. Nal
Ice, he said, is not hatred or revenge
and he held that it was not necessar,
for the State to prove 4 spirit Of reveng
or any rancOr OF mind on the part of th
prisoners, but their acts showed wicke'
and depraved minds and malice" i'm
piled. Ill, ,..uf Hi ii,is
Mr.. Pennington next briefly summariz
ed the leading events connected with tn
alleged murder. and alluded to tho con
flicting nature Of the testimony whicl
would be adduced, but said the Stat
would claim that Perry Demby came t
his death from injuries Inflicted by
party with whom the prisoners 1t tn
bar were unfortunate enough to hay,
llbeen associated 1t the time. If thes
men killed Perry Dsmby they should b.
hung. Society must be protected an
\ the lava of the State unhefd. But If tn
jury should not be sstisfied that tn
prisoners were connected with the muI
der, then they should render verdict o
acquittAl. " .. ...3a..t
| Mr.. Pennington closed by stating tina
under the laws Of this State accomplice
in felony are equally guilty with tn,
principals. And therefore II the jury
considered any Of the prisoners simpl
complies, they could render verdit
accordingly. -
: Mr.. Bird, for the defence, before tn
,frst witness was called, requested tha
all. the witnesses be kept out Of tn
Court room while the testimony was be
ing taken, and only allowed to come /
one At ticie, for the purpose Of givin
In their evidence. The request Wa
granted, and the Witnesses ordered to b
sent to the grand jury room, but tn
members Of the Wilmington police fore
Summoned as witnesses, and such othe
witnesses As were to testify simply to th
character of the prisoners, were excepte
| from the order. Mr. Bird wishAd ais