Daily Republican., 1881-09-29

,n. g.. on"y General ,,.
.ne Court 70 instruc, the s,.s. ~
render q verdict Of h.n.'.'s 's
Court opened at 10 O'Clock th,.
ing. with Judges Houston w.. uO'a'
Wales on the bench. Some I;,,'a tv.ea and
was spent in discussing how s'e = tns
Jury should be empanl.d J anT !; ner
finally agreed to call the elvsn ' u w
Jurors, with the defence reserrin ivilsa,
right to challenge. Lewis p a
was called and sworn Delaw.. uras
asked to be excused on accom-, % zig
ness and his request was prant.S' u. sa s
timer Richards said that ,Inon 9 Mo-
understanding Of the case, he badp dpils
conscientious scruples; CharleS I IT. co.
was called and sworn; James po.n .rlas
sworn; Moses America sworn. m gmrulaa
5. Weldin sworn; James raa"la auOlla
sworn; John Il. Brockson swo,v.N nvu@Sa!
A. McClintock sworn; James Wo@!a Sola
land sworn; this exhausted i.'t, ,bs y,
jury, and the name of Lewis Mile tne On
called, who stated that he had 't's sasai wy
and expressed an opinion: WiI,i"nl .vllaa
Lang sworn; Morrow W, Rro.L,!., Tui =,
sworn; George W. Ely had formed 1sa
opinion; Thomas Shakespear baI 'l i ~
formed an opinion; George W Nv Mos sas
was then sworn as the twelfth ,nd He
juror. 'uu as
The Clerk read the indictmen, ob,..
ing Orlando Rose with the murds' s
Peter Galloway, on the night Of ,' ,bs a..
of last July, when Attorney GsN.n;
Gray rose, and stated to the Cmr, ~.
upon consultation with the pris,,s.s %
counsel, he had agreed to ask the 'JIe'. roa.
to instruct the jury to render ys,Sta syv,
OF manslaughter without rrocsdiD.
any further with the trial. Tbe Caas
accordingly instructed the iury IA y4'. ,t..
effect and a verdict of mans,aupba.
was rendered.
The trial of Morris Carberry fo, 4,
murder Of Samue! Adams will "a. w.
mence this afternoon.
State vs.. Waiter Naudain Wi;,,
Benson and George Clifton, all coo,J
indicted for highway robbery. yanS.
gritt tor State and Austin Harr!urtOD
Esq, for the defence. '"
William f. Collins sworn-on II.
2sth OF lat May about II o'cIms AZ
night, | was going along a road ahr,
four miles from Smyrna, and o,errt
the prisoners in "A dearborn wsa1
when they invited me to get in sr1
ride, which | did when | came 10 h,
road where wan.ed to get out asss
them to stop, instead Of which rhv
drove on to "A strange road where tbev
stopped and pulled me out of the W.
gon.
| got up and started to run when they
knocked me down, and told me that i
was my Iuoney or my life. They took
my money, (Sj) tobacco, suspqnlen
hat, shoes and a can OF varnish. prt
lively identify Waiter Naudaiu as Ous
OF the men.
Cross examined. i had one drink d
whiskey At smyrna; there were -four
Aiith III thC "hSoII ~ was nv d uLA
night.
George Evans ssworn-liyen near Smy.
ma; on the night OF the 18th OF May
was driving the dearborn, when this
young man asked me to let him ride;
told him | would for a quarter; lie o.
fered me twenty cents and | told la
to get in; when We got to the Gs
roads | stopped TO let him out, E
Walter Naudain struck him; he III
and they followed him; waited awhs
and tLen went alter them; found them
about one hundred yards of, and tod
them not to hit him again; went back
to the wagon and they came in little
while, and Benson gave Inc piece OF
tobacco.
Cross. examined Il was arrested WIN
these men for this ,tlense; was hot
promised my liberty if would come
and testify against them; / GOV the W
bacco and chewed it, but had notnlls
to do with the robbery only what saw
the others do. NJ,
John Gosen sworn: Willard CoIllls
came to my house about dayIlsAV "
he 18th OF May, had 10 hat Oh, Su
that he had beeu beaten and rooUe! !!
negroes; his eyes were black anu !,
looked as though lie had been Us"
pretty rough.
Austin Harrington asked the IVl
to instruct the jury TO render a ytNM
1f not guilty, As the State llau lalIN"
show that the citense had oetl "-
nit ed on public road, and III lhs ,
mad failed to show that it was e'ss
lone in this county Mr.. Vandes19
replied that he had shown thas tle W. w.
fense had been comMltted on pun"
road. .h,.
The court charged the jury sla' ~
,he State had failed TO SHOW INA ,un
robbery was committed Oh ga.I ,;".d
aiphway, they must render VeFuN'A
not guilty. ;s .,sv eul
A Juror asked the court ii they ~, y.
render a verdict of larceny alu n.
Court decided that they could noS t., Il
counsel for the prisoners stated I .,.a
,he Court was willing the PRIV M
would plead guilty OF an assaual d
Jury was accordingly lnstrue'% 'vIt
rendered a verdict OF not guilty.
way robbery but guilty OF aSsaul| auI ,sa
MIR, Vandegrift objected, ahu .. n,
authorities to show, that wne' m
highway robbery was not pros'D'f XIV
prisoners could be found gullly Ey.
,eny; and Alexander Cooper p.;'1 m M
Deputy Attorney General SOW , 'h.iurh
1nter our laws the jury coulu v.TI y, ma
!, verdict OF assault and the couf'Df
consultation, agreed with la hl.n' e,cb \
The Court sentenced them ssn" eaIT tp,|
pay the costs OF prosecution, rs gov
md be impris oned three years until
At l.30 the Court adJouflleu '
his afternoon.
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