The daily gazette., 1879-05-17
ed to shoot him, the same a1tess 3
vious to the assault upon WetkeE. I
This testimony was coFroOo -

This testimony was coFroUoe -
other witnesses. 49,
The defence proved drupkpaeA g 3e
part of the prisiness aAt The Lima 1k.sss
assault, also established the pfl9Qpe5hi
reputation Tor peace and good oroer PFC ~ II,
yiOus to this affairs
The case was closed ewitbous
ment on the part of the Ststes ,sN -.
Sharpley argued that there was lack oI
any intent to kill in this case, s, ans ~
intent must be proved, - we4 e tee ;.
assault. He claimed that the accpeeql 81.
account Of being Drunk did noe % -.
what he was doing at' the esmsy
therefore could not have entesfntne9 ~ I
intent of killing David Walker. niil lsgo'
On these grounds counsel argqea EF !,
verdict Of assault and battery only.
The point thus raised BY Mr.. 6hatple1
caused . protfacted disc1sion iDee.een
the Court and tie State Counsel The
Cont CHARGED that to sware : conylc-
tIon Of the prisoner in manner and lbf1a
as indeed, they must be satiSAed from
the testimony that there was not - ~,
sault only. but an intent TO tske, lfe.J =,
the Jury we're not satisfied that they ip|
tent was proved, they could convict Of
assault only. In determining the caee
the Jury could consider the means me
prisoner took; the instrument he used
and the state OF his, mind Of the time.
They could also consider whether he
was capable Of farming an INTENT In -
Gliding whether he was guilty or noe.
Drunkenness is no excuse tor crime, ana
unless It extended far enough to render
| the prisoner incompetent u farm IN I'M
| tent, It is no excuse in the case. vl1e jury
could also consider the relation ot he
prisoner with the States chief witness,
whether they were Of an amicable and
friendly nature or not. 10 'f'ius ~ ~
At $50 o'clock the jury retired Tor
consultation ~ fqaHaun4a D a4iial
A jury was next empanelled to tsy the
case of Sames Early, Of Wilmington, In
dicted for selling liquor without license.
Attorney General Pennington fer 6tste,
and Henry ". Turner, Esq-, for defepees
Two juries being out, the panel was qeer-
" exhausted, and the Clerk was obliged
to summon some talesmen from the per-
sons In attendance. ! 1.jefsg - h9ii1
At $50 o'clock, the jury In the case q
State us. George Taylor, col. for larceny,
after deliberatfng over an hour, retur6ed
q verdict of ssnot guilty." The Court told
George to 60 where he pleased, bntto b
careful hereafter, aud George, With q boy
and grin, joyfuIly left the court room.
In q few minutes Afterwards the jury
in the case of State %. James Boyer, coll,
indicted for an assault and battery with
intent to kill upon David Walker, col,
returned a verdict of "not guilty 10 man
ner and form as he stands indicted, but
guilty of assault" Iie,and h9lp'iEru .
l. The Court sentenced him, in view 0l
the aggravated nature of the ASSAULT, and
the fact that the prisoner carried pistol,
, which he ought not to have done, TO Z
: fine of $50 and costs Of prosecution, end
} one years imprisonment. isS sIlai ,ls.s
Court then adjourned until 10 o'clock
tomorrow morning.
THE TALLOw FACTORY JURY.
The jury in the case of State %. Au.
gust Bickta and George Adele, which re-
turned verdict of 'snOt gylilty,n this
morning, were out only one hour. The
jury took the ground that, the evidences
failed to prove the existence Of q nui-
sance at the factory between the timS
specified in the Indictment. "a Only two
ballots were taken, the first being as tC
the guilt or innocence of George Abele.
The vote was almost unanimous fol
"not guilty." one juryman holding out
for awhile, but finally voting with his
fellows. The vote taken upon Mr.. Bick-
ia was unanimous for acquittal.
Dennis Mcguire, Of Wilmington, was
discharged from Jail this afternoon, the
grand jury having failed to find q true
| Dlll against MIN. .-. ...,.,f. ,etg f-=-f "a