The daily gazette., 1879-05-21
THE COUNTY COURTS.
THE DEMBY CASE SLOW L Y
DRAGGING ALONG.

WhAI ENlDLNSh ELI
YESTERDAY YAFTERNOON-THE STATE
BRINGS OUT EVIDENCE INDICATING
THAT MORE THAN FIVE MEN AS
sAULTED PERRY DEMBY.
Especially reported for the GAzETrEl
New CASTE, May 20.-The DENNY
murder case is still under way, and the
following testimony was taken after the
close of this mornings report.
louisa Berry, COL, sworn:-Lived
over Market street bridge on the night
of Saturday, April 5th; was sitting in
my kitchen, by the window, when saw
four men, coming along the road, from
New Castle; they were in their shirt
sleeves went out ON the back porch
and watched them when they got oppo-
site our gate they met four men, dressed
in dark clothes, coming the other way;
one man said, "did you see anything Of
them" another said, "why didn't you
call his partner?" then / heard q groan,
but could not tell who it came from
heard some one tell the man who gr0an-
ed to get up and stand on his feet; then
heard noise, as though they were
humping him one said, ,"let's kill him."
and another replied, "Don't let's kill
him here, take him further upthe road;"
they then brought the man over to the
left side of the road, next our fence;
heard one of them ask him three times
if he had anything about him; l then
went in the house, and did not see
which way the men went, until was
going up stairs, when noticed two men
in dark clothes, going towards Whining
ton my daughter and Violet Hall were
then in the house l did not recognize
any of the men, but know they were
white men.
Violet Hall, COL, swore that on the
night of the murder she heard some men
running past the house where she lived,
with Mrs. Berry; heard "whOOp," and
some one said, 'did you hear anything
of him?" Also heard voice say,
'slet's kill him." Looked out of the
window and saw four men in their shirt
sleeves, standing on the edge Of the
road they had on dark pants.
On cross-examination witness said
that before the Coroner's jury she had
identified Frank McManus as one of
these four men, by a pair of red suspen-
ders he wore.
At lis o'clock Court adjourned until
3 o'clock p. m.
AFTERNOON SESSION.
Court reassembled at 3 o'clock.
Emile Walther, sworn Resided over
Market street bridge last April; remem-
ber the night Perry Demby was killed |;
Finn, Smith, Kopp and Monahan came
into my saloon that night "Jim Good
/Ntn A1nnN in NTH thavn an1
soon after "Brocky Tom" and James
o'clock; "Brocky Tom" and Bridgeman
went out first, and the others went out
afterwards; after they had all gone out,
| heard noise, as if party of men
were fighting; did not go out; after
wards the four prisoners came in and
asked me if "they had ever harmed me
or not" and said "no"; Kopp said they
had had fight with some yellow fel-
lows; the others said nothing to this /;
the men were pretty full when they
came in; the party stayed in the house
about fifteen minutes, when they left
and did not see them any more that
night think they went towards the
bridge heard them flissing across the
street, in front of ThompsOn's carriage
factory; Allen appeared to be wanting
to fight the others.
On cross-examination, Mr.. Gray asked
the witness if the men drank anything
in his house.
The Attorney-General warned the
witness to be careful and not criminate
himself in his answer.
Mr.. Gray responded that the Attorney
General, in asking a similar question of
Edward McManus, during the morning,
had guaranteed not to use the answer of
the witness against him in relation
to Indictment for sale of liquor without
a license.
The Attorney General said the cases
were not identical. Mr.. McManus'
house was under an indictment for sell
ing without license, but the indictment
was for another party, and not for Nc
Manus. But this witness (Walther) is
under indictment for selling liquor with
out a license, and it was proper to eau
ton him not to criminate himself
The Court said this question did not
concern the case at all. 1t did not make
any difference whether the men were
drinking or not, and the question was
| entirely irrelevant.
The question was withdrawn. by Mr..
Gray.
Michael Riley was sworn, but he did
not know anything, except that he saw
the prisoners at Water and Orange
streets, between and o O'Clock on the
night of the murder.
VIM. II. Reynolds was sworn, but his
evidence was simply to the effect that
while in McManus' saloon, about II o.
clock Saturday night, April 9th, he saw
the prisoners and VIM. Allen there they
were still there when witness and his
friends left.
The next witness was jolly German
named John X KOhlerman, who understood
but little English, and could only speak
it very imperfectly. John appeared to
undeist stand the questions asked him by
the Court, but he could not answer in.
telligently. Finally, Conrad Keller, Ol
Wilmington, was sworn as an interpre'
ter, and John gave in his testimony witt
great volubility. He said he lived with
McManus', and on Saturday night, about
II O'Clock, he heard fight going on out
side. He went out and saw a coloreG
man lying in the road. He then ran in
town to look for policeman, and wher
he came back again the man was gone
He did not see any parties going towards
the bridge.
Clerk Springer said this was the frs
time he had occasion to swear an inter
prefer.
James Bridgeman, testified that he saw
the prisoners and Wm Allen in McMan