The daily gazette., 1879-05-20
FIFTH EDITION.
The County Courts.
THIS MORNINGS PROCEEDINGS.

sSs
THIS MORNINGS PROCEEDINGS.
THE EVIDENCE DEVELOPED BY STATE
IE THE DEMBY CAsK-A STRAIGHT
FORWARD, POSITIVE WITNESS, WHO
BRINGS OUT some NEW POINTS.
Especially Reported for the 0azette.1
NEW CASTLE, May 20, 1879.
Court opened at the usual hour, this
morning, with full bench. The juries
were called, and the witnesses ordered
to retire up stairs.
The Demby murder trial was then re-
sumed.
Frank R. Carswell was sworn, and
testified that he was an architectural
student, and that he made q plot of the
causeway, from the bridge to the rail-
road. The plot was handed to him by
the Attorney General, and he explained
1t to the jury, locating the different
buildings along the road.
4n. Mary E. Schafher, sworn Am
the wife Of Hans Jacob Schaffher, live
over Market street bridge, in Jones
Guthrie's tenant house have lived there
four years +; McManus' saloon Is to the
left Of our house on the night Of Satur-
day, April 9th, heard . violent noise
outside, as II Of persons fighting aroused
my husband and we went into the front
room and looked out next to McManus'
house saw party of men in the road,
who seemed to be beating the body of
a PROSTATE man; the body was in the
road little to the right of our house,
towards the bridge; saw two or three
colored men running towards New
Castle; my husband called to the men to
stop beating the man in the road
and one Of the men swore at him !;
! called to them to stop and then they
did not beat him any more; these par
ties went away towards the bridge; one
Of them seemed desirous Of getting away
all the time, and did not see him strike
the man that was down he told the 9th
ers to come away, or they would be ar
rested one Of the others said, "he will
queal," and another said, "let him
.queal;" I noticed the men had to hold
ole Of the party, and heard one of them
say, "Smith, you won't 60 back 10 that
man tonight" noticed some men
either three or five, come out Of Nc
Manus's saloon on the causeway, after
tbs party ran away towards the bridge.
They went up to the man lying in the
road, and either helped or carried him
up the road towards New Castle; my
husband then closed the win6ow and We
went to bed; In about five or ten min
utes the party from McManus' saloon
came back and went into the house; In
about half An honr heard party pass
ing along the road towards New Castle
and their voices were seemingly thu
same as those of the party that went to-
wards the bridge; they were rather noisy
and heard one Of them say. "here WI
| are," did not hear any more personi
pass until nearly daylight. when heard
| party returning towards Wilmington n
| and their voices seemed to be the sam,
as the other party heard pass toward
New Castle; could not exactly tel
whether the first party I saw that nigh
cd my husband was . white man; di,
not recognise any Of these men.
This witness gave her testimony in
direct, straightforward, convincing maj
ner. She displayed sensitivenes YER
rare among the majority of the witnesse
In this csse, and was so affected at bein
compelled to testify against the prison
ers that she was moved to tears.
Thomas GaraGhy, sworn: Was "ove
the bridge" ON Saturday night, Apr
9th; was in McManus' saloon, with sew
eral other parties; the prisoners were NO
there; about $50 o'clock went over {.
Walther's saloon; the prisoners wer
there, and several others; went back t.
McManus' about half-past ten; in abou
an hour heard fuss outside, AZ thougl
there was 2 fight; went outside witt
McMAnus had his cost of; we say
Frank Nom anus and I picked him up
while Edward ran along the road toward
New Castle. crying out to the colore
mans frlei d to c)me back and get hin
when We got out to the man saw part
running towards the bridge; could nc
recognize them aud did not kno,
whether they were white or black; Fran
McManus and helped the colored ma
up the road as Tar as charts, and the
sa,d, "The Lord will reward you"
thought he was drunk: the McManusss
and went back to the house togethe
and In about quarter or halt an hour q
forwards the prisoners and . man name
Allen came In and got drink; ALE
wanted to fight, and the McNannses pu
the party out; did not leave M cManu
house that night; did not know who th
col0red man was whom We helped hil
up.
The next witness was Frank McManr
who corrOborated the testimony given b
Thomas Garaghy, in relation to findin
the old colOred man in the road, an
taking him towards New Castle, witne.
|, said they left the old man sitting dow
! beside the fence; and he did not thin
, | at the time that he was hurt.
Edward McManus, bro her of tn
previous witness, also testified to goin
out and seeing the old colored man lyin
} in the road; witness saw two colored me
running towards New Castle, and he ra
after them, telling them to come bac
after their partners, but they did n,
come; witness also saw party goir
towards the bridge, when he first wei
out in the road, but did not recognii
: them. Witness saw the prisoners an
VIM. Allen in his saloon afterwards tn,
night; they got drinks and went ou
had not seen them that evening befol
they came into the saloon.
Cross-examined by Mr.. Bird ID
you not state before the Coroner's jul
that you saw two men pick up the Doc
in the road, and could not recogni;
them and that your brother Frank W.
: not one of them.
Witness-I did not positively say
was not my brother Frank, l don
know who picked the body up, for W,
! not there had started up the road.
By Mr.. Gray-Did you not say befol
Il ~ y H.. u.