The daily gazette., 1881-10-01
SEPTEMBER COURT.
OYER AND TERMIN En-.

eeiudy diteEuoOu, duu Inc cave OF
Morris Carberry, for the killing of
Samuel II. Adams, colored, was re-
sumed.
Charles Lewis, was called, and
testified that he was employed at tie
Old Ferry Rolling mill when the
shooting took place; as I went into
the mill that morning noticed Carr
berry and Adams, Carberry had
something in his hand; could see
noLbing in Adams hand; heard the
shot and saw Adams fall over against
Carberry. The remainder OF the wit
nesses direct and cross examination
was about the same as previous wit
nesses.
Thomas s. Davis testified at the
time OF the shooting, was general
superintendent of the mill; was in
the bar mill on the morning of the
shooting, did not see the fracas; heard
the shot and saw Adams lying on the
ground; the watchman got his orders
through him; the duty Of the watch.
man was not to allow strangers to
enter the shop without pass, and to
keep The mCn and mill boys out of
the shoe shop between heats; this
was done to keep them from annoy
ing the workmen in that de partment;
there were no orders to stop work
man from going through the shoe
shop door to his work; by going
through the door they were not
violating any rule Of the company;
the watchman had no orders to stop
them; revolver shown and identified
as the one belonging to the Old Ferry
mill; 1t was kept for the use OF the
night watchman.
Cross examined. Never gave Or
ders to Carberrv to stop men from
going through the shoe shop to work;
this time he was with us about ayear;
and previously he was with before
about eight months; l did caution
him about allowing persons
to loiter around the shoe shop; the
watchmah had right to order the
mill men out of the shoe shop and it
was their duty to obey.
Redirect-Carberry had no right to
! order any workmen out of the horse
shoe shop unless he was loiter ng
there; he had no right to stop any
workmen from passing through the
shop 10 any other part OF the mill on
their way to work.
John I. Davis testified that he was
general Superintendent of the
Diamond State Iron Company; Knew
Carberry, he was day watchman at
the Old Ferry mill; he received all
orders in regard 10 his duty from my
son, Thomas Davis; l never gave him
any orders.
Thomas Cook, recalled, revolver
shown and recognized it as the one
thrown aside by Carberry on the
morning OF the shooting. The revol-
yer was offered and admitted as eyis
dence.
DR.. II. Ogle, testified that he was call
ed upon by tho Coroner on the morning
OF the 29th of April last to go TO the
Old Ferry Mill found a colored
man dead examined the body and
found small puncture on the lefl
breast between the first and second ribs ;
probed II and found that ball had en-
tered striking the lower portion of the
hfst rib, glancing downward, then back.
ward, and .hen obliquely passing through
the left lung and striking the upper por-
tion OF the heart and the main artery
as II leaves the heart the wound was
sufficient TO cause almost instant death.
The State here rested its case.
Charles b. Lore, Esq, for the defense
said that at the present stage he would
ask the Court to instruct the jury 10
bring In verdict of acquittal. He had
followed the testimony carefully, aud
the State had failed TO prove by any
witness that the prisoner at the bar was
the Morris Carberry who killed one
Samuel II. Adams, on the 29th Of
April last this, To his mind was fat al
defect, and having failed to do so, he
would ask Tor verdict of acquittal.
Attorney General Gray In reply said
that it was very queer for the learned
counsel TO ask such q thing or make
such an assertion. While it was true he
did not stand aud point to .he prisoner
at the bar while he was examining the
witness, he was careful to ask them II
they knew Morris Carberry pointing to
the prisoner at the bar, and they all
aGs " cred tba. they did. II he had fail.
ed 10 prove that the man In the box was
not Morris Carberry, then he would say
in Gods name open the doors and tel
him GO free.
The Court said that the matter would
be for the jury to decide.
Mr.. Lore said that the defense would
offer no testimony, as it had all been
detailed from the witnesses already.
Mr.. Cooper, Deputy Attorney then
opened for the State, and addressing the
jury, said that there were three things
for the jury to decide:
First-Was Samuel Ii. Adams killed?
Second-Did Morris Carberry the
prisoner at the bar, kill himp
Thlrd-If Morris Carberry took that
mans life, of what crime under the
laws OF this State is he guilty
lie believed that from the testimony,
the jury would be warranted lin bring
ing in verdict of guilty of murder In
the first degree.
Mr.. Cooper in bis address carefully
reviewed the testimony and claimed
that it would warrant verdict of guilty
of murder In the first degree. Mir.
Cooper closed his argument few mn
utes before 8 o'clock.
George FL. Bates opened for the de-
fense and submitted several points OF
law and argued ON them until 7 O'Clock
when the court adjourned until 10
O'Clock this morning.
As our reporter came along Water
street last night shiveriDg with the chi Il
night afr, aud drawing his overcoat