The daily gazette., 1879-09-16

A cross-examination by Mr.. Bid re-
vealed no very importsnt facts. Witness
said ho knew ths time Of the assault by
his watch. .'--'- - 81 =
The offense took place In broad day.
iigbt, and from number OF houses In
the neiRhbOrhOod 1t would have been
easy for good many people to see. He
mai sworn out warrants for one other
party than the accused. The witness de-
MES that he had gone TO William Peyton,
who drives for Charles Warner & Co,
and offered to give his son s25 If he
would tell bin who committed the as
sau't, and that his son was one of the
party. The cross-examination then a.
| sumed the course Of endeavorlng to
show that the witness had said to several
pareies that certain parties had done il i,
and again that he did not know who did
II, and also that he had warrants sworn
out Tor several other parties u an the
| pri- Oners.
This was answered In a very salts
factory way. In response to a question,
"did yon not tell Robt. Cottingham that
you did not know who 10 was" he an
| swered, Eyes, but that was juot after the
assault and told him 80 because / dill
not want TO give The real oulprits warn
lug until had them arrested.
In the redirect examination he said he
charged Lynch and Holey and also two
young men named Phillips and O'Dor-
nell. They were In front of him while
| Lynch and Holey were behind hun, and
the stone came from behind him.
| Officer John Payne: / arrested foley
and Lynch en- the warrants Benson
swore out.
Cross examined O'Donnell and Phil
lips were arrested by myself and officer
Gibbons on Information received from
Benson. "a warrant was produced In
evidence which was not for the arrest of
either Of the accused. 2 y ~ h
Tho court ruled IL out OF evidence as IL
did not show that Benson had been the
one who had sworn the warrant out.
l. The State here close,
II. Clay Turner Esq, opening for the
defense, claimed that thew would en-
deavor to prove the stat. ment and
charges made by Benson to be- no con-
hiciing that thejury could not hut doubt
the quit OF the prisoners, and that they
would prove the character of the priso-
ners to be such In the church that doubt
was almost certainty.
Chief of Police Maxwell testified to
Benson coming bleeding to the police
station, and getting the officers to go
out after the assai lants' They went out
Front street and NJ AIRY land avenue and
met no one whom Benson could Identify.
Atlength II was SUI gested that they
might be In house of ill-fame and en-.
tered Hannah Browne house on Water
street; man ran out whom Benson said
was one of the as.ailahts. He was takep
to the City Hall, and Benson said he
was not one of them. On the night OF
the assault he gave great list of names
but aid not mention Lynch and Haley
until some days afterwards. Mr.. Lynch
brought his son to the police station
When Dr. Og'e wa, d'os il n Benson's
wounds he missed his pocket book.
Sergeant OF Police Dolan: He trav.
elled around with some. of his officers for
over an hour after the assault loo king:foI
the man who ASA led him, but gave nc
inkling as to who 1t was and did not
blame any one. Lynche's reputation fol-
peace and good behavior was excellent
The court here expressed the opinion
that the State ought to stop the prosecu.
ton. This was done and the jury on
Instructions returned verdict of "noi
gull y" without leaving the box,
The case of Peter Goosebery and Viii
liam Fisher, both COL, for breaking into
and robbing the Methodist parsonage al
MiddletOwn was then taken up Goose.
berry, it viii be remembered plead
"guilty" on arraignment yesterday
but as II was afterwards shown that hi
said he entered the house in day time
and not in the night as charged by thu
indictment, he was allowed by the colr
to withdraw his plea of "guilty" and en-
ter one Of "not guilty. This prisoner i.
an ignorant man. II. c. Turner repre-
sented the State; Harry Sharpley for thu
defense. 'tI..,l .,' ~
Rev. Thomas E. Martinda'e testified
to returning home and finding his hous,
broken into and clothing gone. lie after
wards noticed suit Of clothing on Pete
Gooseberry and had him arrested. Al
the magistrates Office he identified tn,
clothing as his, and when witness hat
questioned him he told how he had bro
> ken into the house. He had forced th'
back door open in the day time and go
the suit which had been found on him
he said he visited the house again in thu
night time in company with William
: Frisby and got other articles. Frisbl
Q also made confession in the Magis
trate's office, saying that he went dowl
: to the parsonage at night with Gooseber
!, ry and waited while he went in; Goose
. berry, coming out, gave him black Goa
which be sold to John BlackstOn, col.
The xam cation of witnesses for tn
State is still going on at o'clock.