Daily Republican., 1879-11-22
(yRsn ynlAasAY's AATs ssrIss j -
OUR COUNTY CoUxr.
The Braudywine Base Rsli Hsr.
der Case On Tri sl-The Jury I'm
pamole6-Prexre ess OF aAe Case.

SpNSs~fy AFfSsNSo W Wv AsStuohS8Ns
New CASTLE, Nov. 2lst, 1879.
The following is the report OF tho
court proceedings since ii o'clock this
morning.
The case Of the State va. J. W. Ne.
Call. Patrick Munday aad Edward Nc.
Monagls indicted for violent assault
ard battery on J. y. O'Donnell at the
Delaware House on Saturday night last,
was continued until next term, Patrick
Munday having been qualified that
he could not safely go to trial without
having Edward Meenan, who lived in
Chester, present as a witness.
The next case called was that Of the
State VI. william Brown, charged with
Tia. murder Of Samuel d. Batsoa.
Gray and Cooper represented tbs
Ctate and Levi c. Bird appeared for
the defence.
The following Jary WAS chosen to try
the case:
Henry Frazer, Henry Ewing, Levin
Stats, William Dudley, Edgar X. Cahn,
L. II. Mousley, Robert r. Dennison,
Lewis l.. Allen, Edward Van Culin,
Charles NewliD, Joseph w. Barnaby
and William Clark.
Alexander q. Cooper, Deputy States
attorney opened the case on the part Of
the State, explaining to the jury the
difference in the vari.us grades of mur-
der and manslaughter. All kinds OF
killing was at least manslaughter, bat
there were only two kinds Of killing
that are justIfiable said Mr.. Cooper ,one
for accidental killing and the other
where 1t wasrsndered necessary in self.
defence.
The following vera refused during
the calling of the jury:
James G. Powell, challenged; jaime,
7. Webster, had conscientious sctuplps;
John W. Davidson, challenged, John
7. Vand-grtt, challenged; Henry Ker-
isll, challenged; Samuel Vanzant,
challenged William K. DerIicksou,
challenged; John Atkinson, challenged
William K. Boulden, challenged; W
q. Hawthern, challenged: Robert H.
Martin, challenged; James Springer,
Challenged; Joseph W. Brooks, cha.
ienged.
The indictment was drawn so that
the jury could find a verdict of guilty
Of murder in the first or second degree,
or guilty OF manslaughter, If the jury
found him guilty OF anything. hr.
Cooper then gave an outline Of the evi
dence he intended to offer, In which it
appeared that on the 18th OF June vii.
liam Brown, the prisoner ut the bar,
and Samuel ID. Batson the deceased,
were out playing base ball, that after i.
was over they were on their way home
Brown carrying the base bat and Batsol
the ball.
Some trouble ensuing, about the
boys, Brown wanted the ball from Bat
son, but Batson threw the bali away,
which so enraged Brown that he ran
upon Batson and struck him repeated
blows with the base ball bat, that death
ensued. The following witnesses were
then examined
Stephen Ii. Simpson, sworn Live
over Bfandywine know Brown and
| bhtSoh "oo p1tbcht as tHc Ddoo ba''
playing on the 2Sth day OF June /; had
quit playing ball and was going home
was lying down on the grass near the
pig-pen; Brown and Batson were coming
alonS behind; he carried the bat and
, Batson had the ball, heard Brown cal
Batson a s--n Of l---h; heard
, crack; saw Brown strike Batson tive
, blows with the bat: (bat showp) tina
is the bat; Batson catching at the bat
| said to Harry Batson, My God rua
Harry run, he'll kill that boy,
Before !, got to- him he struck
him two blows on the left side of til
head | follow the water; had bee
away from WILMINGTON eight years
f when | got there took the bat lrou
Brown and gave it to the woman sal
to be Browns mother.
Harry Backus, sworn Live
Brandywine; know Brown and Batso1
was present playing base ball; whs
the game was over Batson asked Brow
for his bat; he wouldn't give It to hin
Brown threw the ball away; was Lynn
on the grass near the pig pen; hear
Brown swearing at Batson; saw Brow
hit Batson two times; Simms tod
the bat from Brown; Batson tried
grab the bat after lie, was hit; he struo
at Brown with his left hand; BroSl
4 n