The daily gazette., 1880-05-14
AFTERNOON SESSION.

Court then adjourned until o'clock
p. m.
AFTERNOON SESSION.
Court opened at 3 O'Clock this after
noon, and the case of Edward Cassidy,
charged with assault and battery OH Po-
lice Sergeant John M. Legg, with intent
to kill, was taken up. Gray for State
aud Lore for defense.
Mayor Almond, Of Wilmington, W IS
first called by the State, and testified
that he had issued wafran, for the ar
rest Of Cassidy on charge Of assAulting
Margaret Cassidy with intent to kill.
He also produced the record of the war
rant, to which Mr., Lore objected, on the
ground that neither the warrant Oh rec
ord showed that the former was issued
OIL the usual oath or affirmation of some
one, as required by law.
Mr.. Gray said this did not affect the
case, rs the action against Cassidy was
not for resisting an officer, but for as
saulting John NJ. Legg as private citi-
zen.
The Court held that the action of the
city officer in this case would be consid-
cred as properly and legally taken I'M
less otherwise proved by the defense.
| Mayor Almond said he gave the war
rant To the Chief of Police, but could
not swear that he issued 1t upon the
oath of anyone.
Sergeant Legg then detailed the cir
cumstances Cf the assault, which are al
ready we'll known to the readers of the
GAZETTE. The affair happened in Cas-
sidy's saloon, Front and Poplar streets.
| h.ara hsa haA 4, ha F,r
Cassidy's arrest, which was given to him
| by the Chief. He went in and read the
warrant to Cassidy, who was In room,
back of the bar. The latter said he
would go, and then went behind the
bar, to get drink, and suddenly, with
out warning, drew a revolver, and
pointed 1t at the witness, saying, give
got II in tor you, and have had IL in for
you" Sergeant Dolan, who was with
Legg, grabbed Cassidy's arm Just in
time to prevent the discharge of the
pistol, and the two officers grappled
with Cassidy, put the nippers on him,
and took him to the hall.
Sergeant Dolan corroborated the testi-
mony and produced the revolver, which
was taken from Cassidy. 1t had five
Chambers, all loaded.
Officer Charles Thomas, who also as
sisted in the arrest, corroborated the
testimony of the other officers.
With the testimony OF the offs the
State closed and Thomas Doherty was
called for the defense. His story was
that when the officers entered the house
Cassidy walked into the barroom, then
out into the back-room and out again.
He was opening drawer, when Dolan
grabbed him by the arm. AS for the
pistol, witness maintained that he raw
none during the struggle, and that
Dolan afterwards took it from a drawer
.ehind the bar.
Edward Donahoe, a nephew of the
prisoner, said he saw the arrest, but did
not see any pistol until afterwards when
Dolan went behind the bar and took il
from a drawer.
Michael Grady also said he saw the
arrest, but saw no signs of pistol.
Joseph McGowans, testimony, was
the same as Michael Grady's-
Philip G. Plunkett testified that he
offered Sergeant Legg money to settle
the case but that Legg did not ask hin
for any money.
Edward Donahoe was recalled ant
testified that Cassidy was so drunk th,
evening of the arrese that he could no
sit on a chair.
This closed the testimony. During
its reception there were several inter
esting lits petween the opposing coun
sci, in regard TO admission of evidence
and all points were stubbornly contest
. ed.
, The arguments were made by coun
l sci, briefly and effectively, and thel
: Judge Comegy's charged the jury, il
the course Of which he said:
The case depends upon the intent
= and your verdict must depend upon thu
3 credibility which you give the witnesse:
= Assault is any attempt by one to d
corporal injury to another /; battery
lbe carrying of such intent into execu
tion. If this assault was commtte
with the intent, the prisoner is guilty
though he may not have touched tn
+ person OF Legg. An attempt by an
r person to do violence is an assault, pre-
a vided he have the capacity 20 do ii, II
matter whether he carries it into effet
or not. Pointing loaded pistol 9
~ another within shooting distance is a
IL assault. If you believe the witnesst
l who say that the drawer was opened
le and the pistol taken out and raise
n within shooting distance, as shown, tn
y prisoner is guilty, for he has use
IS la & indicating a purpose to hay
ID satisIacL.on, aud what kind is indicate
beyond all question by the act itself
he opened the drawer, intending to tal
out the pistol and shoot it, 1t makes L
p difference whether he got it in cond
10 ton to shoot or not. If that purpo:
r. was fore:een, even while his hand WI
ID in the drawer, il is an assault as muC
er ar as if he had fired at Legg and was fru
- trated. If at the time he opened tt
a drawer he intended to take out thi
% loaded pistol with view of shootiI
q Legg, he is as much guilty as If be hs
fed and missed.
d, 1t was after five o'clock when IL
lie Jury retired, and as the inpressic
remas To he paneralY entertained thl