National Republican., 1880-03-20

Of killing Mr.. Dolano, but wanted TO give him
reminder, and teach him that he was
not going to endure his continued abuse
Colonel Cook mt this point entered tho
chamber and joined tho dcfonse.l
Az the timo lie struck MIR. D1lano with his
cane lie did not act mt all; ho toppcd over
Tho csuse for hitting WAS for what Mr.. Delauo
did in Cookies bank.
Colonel Cook asked the witncss what wa9 the
cllcct on lis mind, Of all the aggrav ,tions Of
months and years accumulation, inflicted by
Mr.. Dolano at tho momont the witness saw
him.
The Court ruled II out and an exception was
noted.
Cross.examined: Tho witness saw 'Mcssrs.
smith and Dclano nj tho counter
when he entered the bank; Cooke saw
thnt the witness was cnraged, aud
said Come around here" Witness answered
that he had other fish to fry; that Deluno was
out aud ho was after him; ho did not got up
to him until he came to tho Citizens Bank;
some ladies cano down and interfered, and
when ho got MP 10 Mr.. Deano again 1t was
near the Riggs House; the witness first blow
was II little low and caught him on the
shoulder; Mr.. Smith did not hold him; 1t
would have taken two of MI. Smiths TO have
done it then he had the stick four or five days
ago, and had the house searched for it yester-
day, but could not find iG II was II pine stick,
but Gloss said that il was about right.
Redirect: The witness told Mr.. Smith to
let 20 tho cane, that no was not going to hit
Mr.. Delano again; he did not strike him on top
of the head, for he knew how to hold shil'
lalah too we'll. They might hit an Irshman
on top of the hat and not hurt him, but it ho
was struck about the band that would fetch
him The Judge created considerable mcrri-
ment in giving his testimony, and the court
Threatened TO clear the courtroom unless II
was checked.
Charles II. Morgan testified that ho was
standing near tho Metropolitan Bank hn saw
Mr.. Delano and another man 90 into tho
bank and Judge Wright remained outside.
| When they came out Judge Wright followed
them aud struck Mr.. Delano twice; Mr..
Delano was smiling when he came out OF tho
| bank
Policeman McNeal testified that Judge
Wright surrendered himself to tho witness
after the occurrence. The defendant hero
closed his case.
In rebutta Mr.. Smith was recalled aud
testified that he did not so in the bank gu
Fifteenth street ut all.
Mr. Delano was recalled, and testified that
he did not sec Mr.. Wright whom he came out
OF the bank, and certainly lid not sililo or
make face at him. With this evidence the
case closed.
After the arguments the case was given to
the jury, and they retired at 2:55 o'clock. A
little alter o'clock Judge James sent Crier
Donaldson to the jury room to inquire il they
had any communication to make, and the
answer was no. At 4:l5 o'clock His Honor
was sent for and informed that tho jury would
be ready in three or four minutes. Justice
James AT I20 o'clock took his seat on the bench.
Mr., Perry Immediately appeared in court,
and Governor Stanton was sent Tor.
In the meantime tho court sent tho crier
back to the jury-room to know II they had
agreed aud he reported that they had not, and
there were no prospects of agreeing
His Honor then informed the Marshal that
he would return ut o'clock and receive the
verdict in case it was ready. His Honor then
left the bench
The jury at o'clock were locked up for the
night, as they had not at that time agreed
upon a verdict.