Smyrna times., 1879-05-28

OGOs AOBpg w dllGI IllnIly OtuIlufl
and James Monaghan walked out of the
New Castle Court House on Wednesday
last, free men. They have been on trial
since the previous Monday, charged with
the murder of Perry Demby, q colored
man. On Saturday night, April 5, Demby
was walking on the causeway with his son
Alonzo, Charles Washington and Samuel
Clarke, near Wilmington. Beyond the
Market street bridge they were met by a
party of young men, who had evidently
been spending the evening in the Whining
ton saloons. They were under the in
fiuence of liquor and very quarrelsome.
Without any provocation whatever they
set upon the colored men. The latter
acted on the defensive, and, finding them
selves overpowered, ran. Demby, an old
man of tifty-eight, was not agile enough
for the young ruffians, all of whom APP
parently were under twenty-five years Of
age. He was overtaken and badly beaten.
He was knocked down and left by the side
of the road. His companions left him to
his fate and it was not until the next morn
ing that his dead body was discovered.
One of the blows which he had received
fractured his skull.
So much for the murder. Now for the
evidence which the Attorney General ap-
pears to think is of such flimsy character
as not to warrant sending the case to the
jury on its merits. The first witness to be
examined was Alonzo Demby, son of the
murdered negro. He went upon the stand,
glanced at the four young men on trial and
then began his story. He pointed out
Finn, Smith and Monaghan as three of
the party who had attacked his father
Then Charles Washington pointed his bony
| finger at Smith as the one who had jumped
! upon old man Demby and knocked
him down. Finn struck the witness in
the eye when he was going to take Demby' s
| part. Samuel Clarke also recognized all
| the prisoners but Kopp as being engaged in
the row. Finn told the others not to hurt
| Demby when the latter was knocked down,
| but Monaghan struck Demby on the head.
| a great many witnesses were examined,
among them medical men who testified
! that the wounds Demby had received were
fatal. Michael Leahe saw Kopp the next
morning. The latter asked if he was going
over to see the Niger they had murdered
the night before. He said "they" had a
| fight, but did not say who "they" were.
Louisa Beray saw party of men go by
her house. She heard groans and some
one said, "Lets kill him" but another
said, "No, don't kill him here, take him
further up the road" Emile Walthe1
testified that the prisoners came into
her saloon and Kopp said, "We had
fight with some yellow fellows" The
party was pretty full. Two or three women
testified to seeing three colored men run
along the causeway. One of them said
After the colored men came couple o.
white men in their shirt sleeves; the white
men ran two or three steps past my house
ar1 nj -
and one of them asked me, did | see three
: colored men 90 up there; | said yes; tht
colored men stood at the railroad and com
menced cussin'; the white men started
toward them and they lit out agin'; tn
white men then came back and me
another man with Uncle Perry Demby;
knew Demby by his voice; they came VI
on the other side of the road from m
house, and one of the white men said
What have you got about your Demb
: said: You may do with me what yo
, please; you may kill me or cut my throat
, | will stay by you till l die
That Perry Demby was beaten to dealt
; there does not seem to be the slightes
doubt. But Attorney General Penningto
. thought that he had not made out cas-
against the prisoners, so when court me
on Wednesday morning he said that h
! had introduced all the material evidenc
!, that had come to his knowledge as to tn
guilt Of the prisoners and had endeavore
!. to get from the witnesses all they knew
q and having done so, he could not stan
: 2 before the jury and ask for conviction fc
= anything charged in the indictment, an
4 would therefore ask the Court to charge til
: jury to render verdict of "not guilty
! Chief Justice Comegys commended the ze
q of the Attorney General, and stated tb'
a the members of the court had held col
> sultations during the progress of the cas-
n and since hearing all the evidence on IL
y part of the State had formally conferre
= together and come to the same conclusio
p as the Attorney General and entirely a.
"a proved his course, however much they
i plored that the actors cannot be traced ou
J When the prisoners were discharged IL
= Chief Justice said that he did not thin
y there was much doubt that they were som
10 where in the neighborhood when Deml
- was killed. He admonished them to ket
4 better company.-Philadelphia Times.