Daily Republican., 1880-05-14
THE COURTs.
Bentsmin wtlsOn C0nvfcted--
Judge Comsgys Determined 10
check so much pistol Shooting
Edwatd Casstdy's Case.

Specially Reported for tho Republican.
New CASTLE, May Ia, 80.
At the time report for the REPUBLICAN
closed yesterday the case Of State VS..
Benjamin Wilson charged with assault
with intent to kill George Lloyd was on
trial the evidence having been conclud-
ed. The case was submitted to the
Jury without argument, and without q
charge from the court. The jury in the
case retired at 1880 and at l.25 re-
turned with verdict Of guilty.
Tie case OF the State VS.. Edward
Cassiday indicted for assault With in
tent to kill Sergeant Of Police John VI.
Legg was called and the case being
ready a Jury was empannelled. Attorney
General Gray tor the State and Lore for
defense.
At 1.35 the court took recess until
3 O'Clock.
AFTERNOON SESSION.
Court commenced at 8 o'clock, when
the case Of the State VS.. Edward Cassi-
day was resumed.
John P. Almond, Mayor Of Whining.
ton, was the first witness called. He
testified that on the 18th of February
he issued a warrant for the arrest OF
Edward Cassidy upon the complaint
of his wife, with intent to kill her.
The record of the Mayor being called
for was produced, but Mr.. Lore objected
to It being received as evidence as 1t
did not show that the warrant for the
arrest of Cassidy had been issued
upon oath and consequently was an H.
legal warrant. The admission Of such
testimony Mr.. Lore contended would
enlarge the scope Of evidence against
the prisoner at the bar.
Mr.. Gray contended that this was not
an action for resisting an officer in the
discharge of his duty, but an action for
assault with intent to kill John M.
Lsgg a private citizen.
With this understanding Mr.. Lore
withdrew. his objection and the case
proceeded.
Mayor Almond then continued his
testimony and said that he had given
the warrant to Chief Of Police Maxwell;
his almost invariable practice had been
to issue warrants upon oath or affirma
ton, but he would not swear positively
tha. the warrant referred to had been
SO issued ; the first month or two OF his
term he had not been particular about
the oath or affirmation, but being re-
minded that they were required, he
had never failed afterwards to issue
any without them.
John NJ. Legg sworn-Am Sergeant Of
Police of the uity Of Wilmington;that is
the warrant received for the arrest of
Edward Cassidy; went with Sergeant
Delan and policeman Charles Thomas
to arrest Cassidy; he kept a saloon at
Front and Poplar streets; the bar room
was empty; Cassidy was sitting in a
room back OF the bar; told him had a
warrant for his arrest; asked me by
whom it was issued; told him by his
wife; he said, "all right will 20 with
YOU" he said ne would get his hat and
coat and started for the back kitchen
to get them; said no believed they were
behind the bar and turned back; fol-
lowed him out; Dolan and Thomas were
in the bar room; Cassidy said;
81 reckon you will allow a
fellow to take a drink before we co."
l said, $50 yes certainly" Sergeant Do
Ian was standing at the end Of the bar;
Cassidy asked rue if ever saw him at
the hall, meaning the Police Station: l
said no have no recollection of it; he
said you are very forgetful; he then
said something about me being being
in Shippen street Philadelphia, and
aboIt $40 he said l owed him; said l
knew nothing about it: He said I've
had 1t in for you for long time, and
opening a drawer he suddenly took a
revolver and putting his finger on the
trigger pointed it right. at me; Sergeant
Dolan knocked down his arm and after
a violent tussel took the pistol from
him; assisted by officer Thomas the
"nippers'' were put on him and he was
taken TO the hall; he had been drink.
ing some but he was not drunk.
Cross-examined-He did not ask ME
to return him $40 he says he loaned
me in Philadelphia; knew nothing
about dancing for five oent hummers;"
never said / would f. him next morn
ing; am sure he pointed the pistol at
me; saw his finger on the trigger; Dolan
and Thomas were in the room; DOlan
was back Of the bar with him; he did
not ask us TO take drink with him;
was in front of the bar; he held the
pistol in his right hand; as he was rails
ing 1t Delan struck down his arm.
Sergeant john F. D0lan sworn-Mr.
Dolan In nearly every particular GER
.oborated the testimony Of Sergeant
Legg. He said that as Cassidy came in
rom the sitting room and went behind
he bar; he took pistol from his hip |
pocket and Ilaced it ir the money
lrawer; he then got bottle of beer
md took the cork oHt intending TO
rink the beer; he then turned to the
irawer and took out the pistol; he
'aised IL towards Sergeant Legg; /
truck down his arm and he turned to
,ut the pistol back in the drawer; I
ook 1t from him and put it in my
(pistol produced) that is the
'istol |; "take care it is loadel:" it has
I've balls in it and is capped ready for
Ise, just as when it was taken
Ieard Cassidy say something about
lancing in Shippen street Philladel-
'hia and about $40; could not say he
vas drunk; did not put my hand in
he drawer; he did not take the pistol
0 keep me from getting it; he raised
he pistol towards Mr.. Lagg as
Knocked it out Of his hand; he said l
I'D no right to take his pistol; accused
ne of stealing it; | never said to Mr..
'lunkett that Cassidy did not draw
he pistol on anybody but not know.
no hut Mt he MIGHT 5o eo toalr n ,