Daily Republican., 1880-05-13


ana hfa wasch--A Ctreus sharper
sent ia n, eiNV hspping Post. sc.
Specially iDepor.ed Tor The REruBLicAS.
EEy Castle, May l3.
The case OF the Ststs vs.. Lewis To-
HAS, iisii sttd for assault witk intent
10 kill Emory Deacon was in progrsrs
this nQnroing when the mail 90 Led, TIE
Jury Just having been called. Turnor
| for State, Pennington for detsncs.
Emory Deacon testified that he liCet
in Lii,erty street, Wilmington, paid
j the r,nt for the part OF the house hs
lipsd in; Jacob TrRsty lived in another
part; was oat with string band Oh the
18th Of Mach; came home a quarter
before . O'Clock; found Lewis Tobias
and others there In my wife 4
bed room; he was stagdirg with hts
1.-Two hands on the ped talking to her;
lohe was sick; as came in Tobias said
good sveSing Emory. 1 said "Lswis
I Tobias 1 thought ! told you never 10
come into my house again." told him
wanted him to get ont of my house.
as soon az possible; la said he wegld
90 out I'd d~n it hen he got ready; /;
| said, ~ want you to so now" he
said, "what are you going TO shoot
me9"I said no matter what I'm going to
DO, you get out; he then put his hand
in his hip peoket, drew q pistol aud
pointed'it in my fane; picked mp a
chair and held il aloft 10 strike him;
Jacob TYusty, rushed down stairs, took
Tobias by his arm and thrust it aside
and with the other hand took him by
the throat and pushed him out tho back
door. | had started out to get police
officer; as pessed the alley at tho
side of'she house, Tobias came down
the alley and fell in behind me; he
said yoE s--n of bitch I've get you
now; he fred four shots at me, the last
of which struck me on the hip and it
ID in my body yet.
Cross examined-Auna Tobias, Jesse
Washington, Emma Hopkins, carhs
with Tobias and we're in the house at
the :ilne; Tobias had his hand on his
pocket before | drew the chair; recog
nized Deacon when he cams down the
alley by his voice; knew him since be.
fore Christmas, the ball has worked up
above my hip, went to Sallie Aeritags's
after | was shot, thought | might find
policeman there, the trouble was all
about the woman Lizzie Trusty who |
lived with for nine years and who
considered my wife, know the revolver
by the brass on the handle.
Jacob Trusty who occupied the other
part Of the house in which Emory
Deacon lived gave in his evidence in 3
straight forward manner eorr0bOrating
Deacon in every particular. He idsn-
tilted the pistol as the one which
Tobias had In his hand when he point
ed it at Deacon. SOME time before the
fracas be had heard Deacon say that,
SIT ever draw my revolver ou Deacon
will kill Kim" Did not hear the
commencement ofth quarrel, bat come
down stairs in tiins to seize Tobias arm
as hs drew his revolver and pointed II
at Deacon was fearful that my own
wife and children might be shot; found
Tobias a. iteading Railroad depot after
the shooting aud pointed him out to
the police officer who arrested him.
Wilmer Price, Bsnjam Lockmau.
Jane CIark, and hottis Trusty the lat
ter the wits of Jacob Trusty all corrob-
Grated the evidence Of Emory Deacon,
Mrs. Trusty especially delivered her
evidences in such a straight forward |
truthful manner that none doubted that
she was telling the truth. Sergeant
Dolan and Chlcer R. W. Chambsrs tes-
tilted to the arrest Of Tobias and id 'nti-
fed the piatol they look from him. The
pistol had seven chambers and all we're
empty.
At 1905 the Grand Jury entered
with anumb-r of bills, aud were dis
charged until 3 O'clock.
H. R. Pennington, Esq., then opened
the case Of the State vs.. Lewis Tobias
!Or the defense.
Anna Tobias, the first witness called
70: the defense testified that she was
the sister of Lewis Tobias; lived over
l1th Street. bridge; LeWiS lived with her;
with her brother, Jesse Washington and
Emma Hopkins went to Emory Deacon's
that night; Lewis Tobias was to marry
Lizzie Truitt the woman Enory Deacon
called his wife; with my brother We
frat went TO s5allie Kenuard's and staid
there while Jess. Washington and Em-
ma Hopkins went to Emory Deacou's;
Jesse Washing gton came and told my
brother that Lizzie Truitt wanted to see
him; went TO see her and found her
sick in bed my brother was talking to
Lizzie Truitt when Emory Deacon came
in; he said, "gocd evening Emory"
Emory swors that ii he did not leave
the house he would blow his "a d--n
brains out and seizipg achair struck at I
my brother; he started to 60 out bu'
could not get past ths door. caught
hold of him and helped to push him
out. Wilmer Price and Jacob Trusty
Jumped On my brother and pushed
him towards the door. Price said if
brother touched Emory he "would be !
dead Niger" Did not seq Lewis I
have any pistol at all, no pistol was =
lrawn, heard shots Of pistols outside, i
here were six or seven shots, one ps-
.ol ooald not do all the shooting. |;
Emma Hcrekips- testified that she was y
hs wife Of Jesse Washington though
she was never married to him; she cor I
the testimony Of Anna Tobias |
'rly she said she only heard one pistol d
hot.
Jesse Washington testified TO finding v
,!uzie Truitt in bed sick jthey had ccsae
. see Lewis Tobias and her marie q
Lizzie told me to 60 and tell lewis 10
iome and seq her; LAWN wes talking 70 I
Iiszis at the side of the bed when i
!nory Deacon came in} Lizzie had told q
.ewis to go oAt for fear Emory would !