Daily Republican., 1879-09-17
OUR COUNTY coURr.

the He nedEeysIic Assault UosmipI
tethe aurfsce.
o specially reported for tho Republican.
I'll LBFkf New CAsrIK, Sept. 10.
n Court assembled this morning at /
4 O'Clock, Judges Comsgys and Houston
on the bench.
\ The case Of State vs.. Hugh Lyncl
and John Haley for highway robber,
was called. Levi c. Bird and Henry
] Turner appeared as counsel for the de-
/ PENDANTS. Mr.. Bird asked that tn,
/. young men be tried separately in orde
that each might testify In the other,
4 favor. The Deputy Attorney objected
to the motion on the ground that IL WA
,, the custom Of the Court in such In.
, stance to refuse such applications. The
Court refused to grant Mr.. Birds mo-
, tion.
The indictment was read to the pris.
oners TO which they both answered
mot guilty" The facts in the case
will bs remembered by the people Of
Wilmington. AT the time the assault
was committed the man John H. Ben
son, who was respectable colored man
in the employ Of Mrs. Jsthro McCul-
Tough, he passed the prisoners just as
he was coming out of the gate of the
Mccullough mansion, and was stricken
down with rock and robbed.
John H. Benson sworn: Live with
Mrs. Jethro Mccullough; know the
prisoners we'll on the day of the as.
sault started in town about evening
as came ont Of the gate saw Haley ana
Lynch sitting on the fence / was
smoking at the time; as | passed by
Haley brushed the segsr from my
mouth; said nothing, but walked on
about fifteen Or sixteen feet heard q |
slight noise and just turned my head a |
little and received rock op the side Of
my cheek the blow from the rock |
knocked me senseless /; had a ten dol.
lar greenbaok and two silver dollars in |
my pocket these were taken from me
when l recovered | saw Haley and
Lynch going from me.
Cross examined by Mr.. Bird: It was
daylight; knew the time because carry
the time with me; | got my supper at 6
O'Clock; came out Of the lane attached to
The mansion; there is a little tenant
house. about q square and a lalf below,
occupied by Mrs. Meter, and another
house occupied by Mr.. Brown a SO uare
above; can't say how many men we're
present when was struck; did swear !
out warrants for another man; didn't
know who the man was; didn't Z
say 10 son of William Peyton: "iflf
you will tell me who the men were =
will give you $685." only said to Will =
IAN Peyton when he asked me how il o
vas didn't your son tell you ?" told y
Mr.. Cunningham on the steps a few Ii
minutes afterward that 81 didn't know p
Who it was" because | thought 1t was Y
zone OF his business; to the best OF my !
lost my pocket hook at the I
Gene of the assault | didn't issue ~
7arrant for young man named Ma
uire; was called on to identify them. o.
Re direct Didn't see the man hat Ir ir
truck me; charged at that time of Ii
he assault the young man Haley y;Lynch pI
nd two others named dO'Donnell ;ch arg
the two latter because they were
assing along the road. They stopped =
nd because one Of them afterward said 7
/ was there but don't think you can L
,cognize me-" these two other men
ere in front ofme; the stone came from
ehind where Haley and Lynch were. an sh
John Payne police officer, being called sa
nd testified to arresting the prisoner te'
nd young man named Q'Donnell. Te ~
An effort was made to get in a war CO,
mt for the arrest of McNamee, James by
pyle, Robert Haley and Daniel Ma. 81, sG1
lire. M
The court ruled out the document. ms
he State closed the case, and Mr., II. Ut mo
arner is opening on the part of the saI
'fehce. According to the law laid down the
g penalty is fine of $500 TO $500; l tin
'ur in the pillory, forty lashes and an g.
prisonment not less than six years. 81
VIM. J. Maxwell, Chief of Whining ,to
police, was called by the defence.
stated that on Sunday evening, ear 81 \ \
i'll May, Benson came to the police sne sau
'tion and told his story of the as. ber
ult.. Benson was asked by witness As.
he could recognize the parties. MI
lie stated that he went out Hedge A
lie and arrested a young man. BEN =
a thought he was one of them, He
erwards said that on close inspection =
could not say that he was one of N
sm, and the man was discharged. A IHsI IssI
rrant was sworn out for the prisoners Dis
ne time after the 4tb of May. EXP,
John +. Dolan, sworn: Am Sarge ant los. I
Police; in conversation Benson stated New
him that he didn't know who the WE
rites were that struck him; never the
ew anything derogatory to the char A
er OF the prisoners for peace and e,y cty
ID order. .nt W,.l
At this junction the court stated that iolt
} prosecution should be stopped az sout
re was no convicting evidence. side ST Il,
he Chief Justice ordered tle jury to Geo
urn verdict of not guilty, after this Tith Sth
prisoners were discharged with an one e
nonition from His Honor to "keep then
OF bad company" sire stree
IN application Of Harry Sharpley, iine iine
gned counsel for VIM. Frisby, Peter ing I
seberry was allowed by the court to wall wall
hdraw the plea of guilty made yes. ery Iv'
lay and to enter the plea of mot afore
|ty" it being material in the imposi- there the.
OF sentence to prove whether the an,s tent,
cles were stolen in the day or night Sci
,; this particular omission occurring er,y
no ihu'o'hen'. Cadd
he case of State VS.. William by
by and Peter Gooseberry for wu.., ".
larceny Of goods frcm Rev. T. e, ~
med Turn.r . h~ W., Dei., o., was M