The daily gazette., 1880-05-26
FIFTH EDITION.
THE COUNTY COURTS
MORE EVIDENCE IN TIE NEAL
CASE.
AN EFFORT TO PURIFY THE COURT
HOUSE ATMosPHEHE-THE AUDI
ENCE ORDERED TO KEEP AWAY
FROM THE JURORS.
Specially reported for the GAZETTE.


FROM THE JURORS.
Specially reported for the GAZETTE.
New CASTLE, May 26.
Court opened at 10 O'clock, this MORN
ing, Chiei Justice Comegys and Judges
Houston and Wales on the bench.
During the night thu mating had
been removed from the flo r, and traces
of carbolic acid were noticed in the air.
This had the effect OF rendering The
atmosphere much swe,ter and some
what cooler than usual.
Chief Justice Lomegys said some
members OF the Neal jury had COM
planned TO him Of the spectators crowd
ing around the jury box aud discussing
the case in their hearing. He said if
these complaints were heard again and
the ofiendoIs pointed cut lie would ueal
with them as Tor contempt of court.
He also directed the crier To keep the
audience several feet back from the jur,
box. which was done.
The Neal case was then resumed, with
Esquire Thomas Deakyne, Of Blackurd
on Tie stand. He testified that lie issued
the warrant for tie arrest OF Neal, and
that Mrs. GOsser identified the prisoner,
during the bearing, as the man who had
assaulted her; she recognized his cloth
ing, with the exception oi his SHIRT, and
Neal said he had taken off one during
the afternoon.
Philip Clayton, col, was recalled,
and in answer TO questions by Mr..
Gray, said no une was with Nm. Neal
when lie stopped at his gate.
The State here closed.
MIR. Higgins opened briefly for the
defense, claiming that he would prove
the prisoner was going 10 his brothers
house al Tue time of the alleged assault
on legitimate erlsnd, aud that there
was not shadow Of evidence against
him, excepting that Of the prosecuting
witness.
Ine first witness was Terence Car
blue, who testified that lie kueM Nea +,
and saw him on the uay of the outrag
IN the reslauraLt of the Smyrna HOuse;
he left Thee between niue and leu o.
clock.
Wm. Thomas Hill, c)l., corroborated
the testimony Of tie previous wit
ness.
Char lotte Simmons, col, testified that
she lived al Ray moud's hotel, III Snyr-
na, aud that Neal was at her house
about twelve O'Clock On the day Of the
alleged outrage. sac did not know
whether or mol Neal Lad been quarrel
ing with his wife tual da,.
Malvlna Peaker, col, corroborated
this testimony, and also said that Neal
had had a quarrel with his wife on thai
day; Neal left Mrs, summons house Il
few minutes after II o'c ock.
For several days previous to this
day the witness said Neal had been
very sick with pains in his stomach.
Charlotte Simmons was recalled and
ties flied to Meals sickness she said
he was SO badly attacked that he
"rolled and groaned with pain" and
she gave him several doses of laven-
der brandy.
Emma Jones, col, testified to see
ing Neal in Charlotte Simmons S
house about noon on the day of the
outrage.
DIR. Curtis o. Swinney, of Smyrna,
testified that Neal called on him for
treatment but he could not remember
the complaint, or the day or the time.
Charles Rust, col, of Duck Creek,
said that about noon on the day of the
outrage he saw Neal going along he
road alone, between Philip Clayton S
and Mr.. Saxton's.
Mr.. Higgins asked him If Neal had
said anything about having quarrel
with his wife that day, but the State
objected and the objection was sus-
tanned.
Mr.. Higgins then announced that
the defense here closed.
For the State Deputy Attorney
General Cooper opened the argument,
in which he alluded to The Importance
OF the case not only to the prisoner
and the prosecuting witness, but 10
the State of Delaware. He made a
careful review Of the testimony, and
argued at length to show thai it di-
rectly and concluslvely connected Neal
wilh the commission of the outrage.
MIR. Cooper spoke for about three
quarters OF an hour, and Mt l2 10
O'Clock, Mr.. Higgins commenced the
argument for the defense. He alluded
to The gravity of the case and the cir
cumstances of The case, TO the general
circumstances connected with the
charge of rape, by which any man
may be accused of this crime, if he
simply happens to be alone with wo-
man for fifteen or thirty minutes.
MIR. Higgins then proceeded to re-
we" the evidence in the case, and
claimed il proved that the prisoner,
ON the day of he alleged outrage was
simply hunting for work; that lie had
Just recovered from a severe illness;
that he did not attempt to conceal his
movements during the day, aud tina
his actions were not suspicious.
Mr.. Higgins then reviewed the testi-
mony Of Mrs. Gosser, lhe chief prose-
cutting witness, which he treated with
spirit OF chiyalrous regard, but at
the same time with all the forcible
means OF dissection that the grave ill.,
terests of his ohent. He algued to
prove that III the first place the " oman
mad no real Cause for alarm when Neal
entered the house, and that her state
ment Was not such as to positively es-
tablish beyond all doubt, the actual
commission of the crime.
Mr.. Higgins argument continued up
to the noon adjournment.