Daily Republican., 1879-11-22

ada and brought to Wilmington, and
lsf: ia care of Mary Brown, who reared
him, and that he has always been
quiet and peaceable.
Mary Brown, swOrr:-Kuow William
Brown; have raised him from baby;
got him when he was three months old
from woman named Adeine Baker;
said she came from Canada; met her in
1867 at a house ON French street; she
brought him to my house in November,
wrapped in an old shawl; said she
would give me IS cents per week for
taking care of him; saw her once ait-r
that; she gave ms 81 cents; all the
money ever received from hsr, and
the last time saw her; live in Brandy
wine village; saw the affair last June;
was in my garden, at work; heard Will
lie cry; heard William say, 'if you do
not let me alone, will Int you;" lie
was walking backwards from Batson;
called to him; ne ds naa .sasr n,e frst
time; called again and tot. him not to
hit Batson.any more; hs dropped the bat;
went to him, and found that he had the
mark Of a blow over the eye; the sleeve
Of his coat was torn out; took William
home; Eat5on came to my gate and
said "you e---a Of b-h, I'll
mark you for this" did not sss Stephen
simmons part them.
At this jupcture, 4.20, the Grand
Jury came down, presented number
OF bills and returned.
Resumed:-The boys had been play
ing there for two or three hours; saw
8atson grab Willie; he was following
Willie when struck, saw but one blow
struck, he had been in the habit OF
beating Willis; Willie is the taller OF
the two; Batson the heavier; Willie
would frequently come home with his
clothes torn by Batson; no boys Were
there when | took Willie home; neither
Backus nor Simmons were there.
Cross examined by State:-Lived in
ratns'l street above Eighth when the
poy was left in my care had never saw
his mother before;shs was very black
woman; when heard wrangling, said
"Wiliia, come home;" was wedding in
my garden at the time; he did not hear
me; Batson and he we're the only ones
present; saw Batson run to Willie and
tear his coat sleeve out; Willie was
backing away, Batson following him.;
did not hear conversation, except when
Will, said, "Go away and let me
alone"
Elias Johns, sworn:--Live on Nine
teeth street, Brandywins Village; in
June last lived on Jassup's Road; work
ed at McClary's b.ickyard; in coming
from work passed near where the
trouble was going on; James Trusty
was with nae; tho boys were quarreling;
Batson had base ball bat; Brown took
it away from him; Brown was retreat
ing, Batson advancing; Brown fell while
walking backwards; Batson crawled up
+ on top of him; Stephen Simmons came
and parted them; saw Brown strike
Batson with bat; Brown told Batson to
, stay away or he would hit him; Bat
son was the heavier of the two, Brown
the taller; saw Many Brown take Viii
lie away; suppose was there about 10
minutes; the boys were having words
when approached; Batson fell on his
knees when struck, but Immediately
arose to his feet; Batson afterwards
walked away saying: Cd d--n you,
m pay you for that" never saw them
quarrel before.
| Cross examined Was coming home
from work; met Trusty near scene oil
quarrel; paid no attention to quarrel
were wrangling about a bat: Brown
was backing away when Batson was
struck; Batson fell after he was struck;
did not see Brown strike him again;
Brown, while walking backwards, fell;
Batson got on top of him and beat him;
am no relative OF either Of the boys.
Joseph C. File, sworn know Elias
Johns; live at Eighteenth and Tatnall
streets; fight took place at the rear OF
my residence; heard quarrel; saw Johns
near there, on Tatnall street; suppose
he was abut one hundred and eighty
feet away from scene Of quarrel; Elias
Johns spoke to me.
James Trnsty was called and cOrrobo-
rated the testimony of Elias Johns.
Michael Sherry, sworn:-Am police
officer; have been on tbs police force
since January last; my beat is in the
neigh borhood where tue prisoner at the
bar resided; know the prisoner; be IS a
very quiet and peaoeable boy; haze
seen hun as often as three times a day;
his reputation previous to this affair,
was very good.
ATE 20 the Grand Jury came doan,
presented several true bills and were
echarged from further attendance al
this term of court.
A number of other witnesses were
called and testified to Browns good
reputation previous to the killing OF
Batson.
The defence rested tho case at 5.25.
The evidence all being in, Deputy
Stats's Attorney General Cooper, opened
argument on behealf Of the state. He
apolugizad for the random and discon-
nected manner in which he would be
compelled to address the jury on ac-
count of press of business. The evil
dence was before the jury, and they
could diyest ther minds of every thing
relative to murder, but was thu prisoner
at the bar guilty Of manslaughter ?
He fully defined that at the opening OF
the case. In the light of that explaua-
tion, is the prisoner at the bar jnstiiia
hle To be excusable, the offence must
hava been rroven to be committed by
accident or in ssl!-defeucs. 1t is csr-
tain that Samuel d. Batson is dead
who killed him There is no doubt
that the prisoner at the har killed him,
The defence tried to show that death
was caused by some extraneous cause.
| Hnna rOn will NOT ALLOW that in pnH-