Daily Republican., 1879-05-17
WILMINGTON DEL, SATURDAY, MAY II, 1879.
| left when he halloed at me; he said

81 am going to shoot you :" turned
around and saw that he had a revolver
in his hand saw that the revolver was
loaded, but thought that he would not
be fool enough to fire when | was so
near him said, "you won't shoot
anybody; put up that pistol; you ought
to have better sense than to draw re-
volver on a fellow y 'tyou --
won't l." he said : and he fired right in
my face, the ball striking me in the
nose. The effect of il was such that it
turned me around !; and as | staggered
| heard some Of the prisoners compan-
ions remark, "you have killed him )"
| turned and glanced at the prisoner,
and saw him looking toward me- heard
him say, "No l haven't killed the =
-, but will; Pll shoot him again.
and with that he followed me up across
the street. and pointed the pistol at
me struck him and knocked him
down, after which left to get my
wound attended to.
Cross-examined.--The prisoner and
were always friendly; he acted as
though ke was very drunk.
Joseph Sinnex, sworn:-Was going
home on the night when Walker was
shot; met JameaPoSIr with thres 9th
er friends; they b sse1sb be quarrel
ing and looked back at them when
Boyer said to me; "What are you look
ing at ?" said l'nothing much" He
then pulled out his revolver and point
ed it full in my face; it was loaded; |
said nothing but went on; and turned
when | heard the firing when Walker
was shot; it was on Newport Pike.
Cross-examined:-Never had any
trouble with the prisoner; he would
have shot me had given him any back
slack; he might have been drunk, bn,
he was too not drunk to know me; anC
not to call my name.
James Writ sworn: Live in Chris
tiana Hundred was in town on th'
eighth of March and saw the prisone
with his companions walked on thu
other side of the street from them from
SEipley street to where the shootin!
took place on Newport pike near Bett
foundry Boyer was quarreliug al
along until Sinnex came along whel
Walker was shot they hal cot abou
|. twenty yards of this side of Belts foun
.. dry; saw Walker push Boyer down
' and saw Boyer get up and run dow
!, towards the railroad; the prisone
, wasn't too drunk but that he kne'
. what he was doing.
.. John Leg sworn: Am an officer OF tn
.. Police Department of Wilmington; al
rested Boyer in Richardson's wood
, , right after the shooting; he was asleep
l took the revolver from his pocke
aud box of cartridges; | turned hir
:. over and aroused him he knew he wa
an officer and he called in Mr.. Jones
one of the Sargeants of the Police]: i
bringing him in he was very funny an
, wanted to run after the boys in tn
!, !, road; | told him he had shot Walker
: when he said she didn't want to hui
him: he wouldn't shoot him for tn
= world"
i, Here the State closed and Mr.. Shrl
!. ley called Mr.. Legg for the defence
Z. order that statement made by IL
" prisoner could be admitted; but tt
!, court would not admit it on the groun
!. !. that it was given after the prisoner ha
~ had time for reflection.
Several witnesses were called to prov
;, the fact of the prisoners being drum
. and also others to prove his good cha
= aeter.
u After this was done Mr.. Sharpley a
. dressed the jury at some length ende
voring to make plain the plea that
y would not just or right in the eye of tt
- law to convict man with a premedit
ted intent to kill who was rendered i
=, sane through the use Of drink.
= = The fact was palpable one. tt
~ prosecuting witness and the prison
= we're always on the best of terms, al
=, it was only while under the infuen
~ OF liquor that anything like ill feelil
was ever displayed by the one towar'
. ., the other. After calculating the ma
% y, ter as clearly as possible Mr.. Sharpe
ie h gave way to Mr.. Pennington, who mer
~ " addressed the Court on sever
points oflaw. After which the jul
- retired and soon after returned with
b b verdict of "guilty Of an assault only
N The Court in view of the fact of Il
), prisoners carrying concealed weapo
sentenced him to fine of $500 and
). one years imprisonment.
~ State VS.. James Early, indicted
,, the November term for selling liqu
without a license. H. R. Penningt'
!, for the State. H. C. Turner for the d
fence.
- Jury drawn and case on trial wh'
" Court adjourned.
ID Pride of Phila. Flour in all size pac
ages at Middleton MS.
r. Thirty Days at New Castle.
v s. l.. Countlss was arrested by oftlc
g Cannon yesterday afternoon on Ia
Es,,,4 ,k,n,+ Tbn o+finar stafpi tn