Daily Republican., 1880-05-11
FIFTH EBIrIOI
ThE COURTS

sp'c'aiiy Reported for the REPUBLIC.
| New CASTLE, Nav
James F. Daley, sworn Liv.
mington, Del. am bsiliff of.t
Council, also Of the Board of Rd" W
on the 2eth Of January was ova9 ovss
enth street bridge serving
on M. Smith to attend
ing Of the Board Of gd',ol
coming back to Church stysst
Simmons. John Ksrns and CSs,l. M
Collum standing on the op,ns,
good evening to them sirman,
toward me and said, "thsre's a
can lick, ! don't like b i'm aor h.
like me-" said l wanted notbinv
with him, that he Lad insultsI
three times before in the streets
three feet from him; Charles
lum took me and walked up the
with me as far as Eighth and m
streets McCOllum looking arounS
I"here he comes"
| said Simmons go away from nd
he came on l then knocked him
with my fist. He got up and ca
me again. l again knocked him
struck him on the cheek with nav
said, "Simmons why do you folio,
l went on up to Spruce street. as /
ed the street ielt something run
my neck. l clappsd my hand
the wound and turning around
Simmons and knocked him dow
kicked him, when he cut the lers
pantaloons; was then taken
drug store where my wound was
ed.
Charles McCollum, sworn, HI
Wilmington know both Simmou|
Daley. / saw Daley coming up Z
street, Simmons said there is a
q b-h / don't like; I went up vii
ley to Bennett street; looked srou1
saw Simmons coming said to 1
''look out here he comes,'' did nj
Cummins holding Simmons Sid
came up to Daley, and Daley HI.
him down Simmons came q
time and Daley again knocked
down; saw nothing in Simmons hs
when he came up his hands wsrd
q sparring condition I; after
knocked him down a second II
then walked off up the street.
John Kerns, sworn, live in vii
ton; was standing on the corner
Daley came up the street; Sid
said something and Daley CAM
towards Simmons; Daley went
street and Simmons went aNs
when / took hold of him TO kss
back; did not want to see him q
a fight Simmons, myself and
were all pretty tight, did not sd
mons cut Daley.
William McShea, sworn, was
ing from work; was walking fast
to the north east corner of Eight
Bennett streets; saw Simmons,
McCollum and Kerns all there!
Daley say: snow Simmons
alone;" Simmons said he was
home; Mr.. Daley then walked
street; saw something in his
when he caught up with Dal
struck a blow and hit Daley on th
of the neck; saw the knife in his
Edward Sculley sworn: Was
ing on the corner of Eighth and
saw two men fighting in the sire
of the men was down;saw that u
who was standing was Daley, tol
not TO make a fool of himself 4
in the street; Daley clapped hi
to the back of his neck and said
man cut me;" took him to the d
and got wound dressed ;Simmons
and walked down Spruce street.
DR.. H. 0. Ogls, the physician
in to dress Daley's wound, testi
to the nature Of the wound. III
here closed.
Mr.. Bird at half past II
opened for the defence stating .
prisoner at the bar was in an in
ted condition and had for weeks
been suffering from delirium TT
He also expected to show that "
oner was a man Of good characts
sober.
Charles W. Simmons, sworn,
brother Of the prisoner at the ba
John T. Simmons the night bS
his own house with his wife;
been On q spree on the Sunday
three weeks; he was bordering
lerium tremens; gave him me
laudanum to try to get him asle
him three weeks before when
meneed drinking; saw him ever
afterwards at his house Sl2 PING
he is a bricklayer and payer ano
ter workman cannot be found
State of Delaware.
Robert C. Fraim sworn kn
prisoner at the bar for the !
years Saw the prisoner at the
the afternoon Of the day on wh
effenee was committed; he eame
store to get a calculation mad
brick wall he was to build: '
he was not in fit condition to
ness and should come at SOM
time.
Joseph Duffy and Peter b.
both testified to the good char
the prisoner.
Robert H. Cummins sworn, kn
Daley; heard Daley in the fofs
September say "d-n him
him some time" Knew there
feeling between them.
John ]. Toner SWORD; have x
Thompson Simmons for 70 ye
reputation for peace and gu
good; have heard his character
sed; have heard good and baa
of him; he was somewhat impu
election times.
Benjamin Davis, swoEe IN
heard MIR. Simmons insult Mff
at his door, 1t was after the %
election.
Mrs. lana WriphtingtOn,