The daily gazette., 1881-09-28
FIFTH EDITION.
The SEPTEMBER COURT.
Continuatiens sfths Case sf Orlando
Rose Opening Fer The Defense.

lie SAID tnAb tho pIi9OuoI WAs W Liht
for his life, and Il was Tor the jury to
say, whether the mans liberty should bs
rung out by verdict Of acquittal, or
whether he should be consigned 70 the
scsfIold, or felous cells. We shall show
to you how this man left his homo In
Cecil County, Nd, on the And Of July
last, aud came 10 little place In Red
Lion Hundred, and the 9th came 70 this
city, stopping at his bIother-in laws
over Third street bridge, how during
later In the day, the defendant In Oom
pany with two or three others came over
lnto town, and while passing Fifth and
Church streets, Galloway said look a.
the countrymen.
This remark brought on words, and
Galloway told him TO 90 to h-l, then
scuffie ensusd, and after he left the
party passed on up Church
street; how he was followed BY Gallo
way, who caught the prisoner by the
coat, when Rose promptly knocked
him down; how they were finally
separated, Rose passing on up Church
street; hov upon his return on his
way home he was again attacked aud
q pistol drawn upon him how he was
obliged to defend himself from an as
sault. II we show you this We shall
ask the Court to instruct you that 1t
was not murder or manslaughter, but
jusIifable homicide.
DR.. Brown called-I said 10 my evi-
dence that did not consider the mans
wound dangerous until peritonitis set
in on July 9Th.
| Sylvester Rose, brother OF the priso-
ner, testified that he had reside in
Cecil county, Md for tho last Eve
years removed here last March he
Is left manned and cannot use bis right
hand for cutting or anything like that.
Chas. II. Wright examined-I am q
brother In Law Of prisoner; We came
to our homo on July I'd came hero OF
July 4th from our home 10 Red Lion
Hundred put horse mp at brothers.
over Third street bridge Rose had
been drinking during day had aeen
him take ten drinks went over DUR
ing evening to feed horse R 30, AL
bert Ward and myself started to como
in town again after tho prisoner 9
wife upon arriving ut Fifth and
Church, did not get quite to tho corner
Of Fif b when l saw . man sitting on
fire rlug. but he got up and walked q
lev feet up Fifth whom he said look
at the countrymen Rose asked me
what allied him Galloway said 70 to
HI you son Of q b.; Hose said
show mo tho way he replied, soon de
that We kept on up the street, when
Galloway came up and caught Rose BY
the coat Rose then struck Galloway
knocking him against the fence we
were then ahead OF Rose, but after he
had struck Galloway ho came on and
passed us We crossed Sixth and
Church the blow was struck instant
ly; after passing the corner about five
yards / told Rose better 20 back and
get our horse AMI 20 homo Rose sale
If we e. back they will jump on US
said no don't think they will, ~
heard some one hslloo there comes q
police officer Ward said to US VI
better come on with him he loft rs
saw nothing more Of Ward that night
When returned with Rose, there wer,
either six or eight standing near the cor
ner OF Fifth, l was next the gutter n
We come opposite crowd, one jumped
out and said: "Here Ii the g. Of b.
that struck me now" He caught Ros.
with the left hand on collar asd righ
hand on his arm Rose tried to get loose
did not succeed, and the prisoner pulled
Galloway toward gutter, where he broks
the mans hold Rose then ran abou
two.tkirds across Church street, ant
then tho crowd get around him Ros.
tried TO back away, when ono drew ou,
'if you 10 not step 1 viii shoot you :
Rose said, 81 am not afraid of you oi
your pistol" !" Rose then got away ane
ran ont of my sight; the crowd ran aftel
him when the crowd was around Rose
they were tussellng with one another
there was \ general scnf1e; did moi
know any Of them did not follow Rose
but went back over the bridge to get ms
horse; Rose was drunk while driving
home; when We got homo he was too
drunk to undress himself; heard before
we left The city that man had been cut
! In going home asked Rose for his pom.
knife he gave 1t TO me knife prod uosd
by witnessl; saw that it was the knife
gave II back to HIM sent for Il after he
was arrested on July 9th Rose started
back 70 Cecil county known prisoner 10
or IL years; his reputation for peace and
good order is good.
aminsd The State brought
out from the witness the movements of
the party following from the saloon OF
| Joseph Stoeokle 10 John N eli uRh's
from NJ McHugb's went over the bridge, II
thsH being about 7.46 o'clock after food
Ing horse and taking another drink, the
witness, prisoner and Al. Ward came
over into town; tthe plo; Of ground was
shown the witness BY tho States Atsor-
nry, aud the Witness detailed aRain the
circumstances Of the encounter o. given
in the direct evidencs); did not sec Gal
lOway strike Rose while he had hold Of
Roses cost; my impression was that
Galloway had been drinking: Rose did
not want TO 60 back the reason be con-
sented was because he was drunk: IL
was easy to pick . quarrel with Rose
that night: l was not drunk: whom wo
went hack do not know whether Il was
the same man that grabbed Rose In no
ing up or no; be had no coat on: did
not go to Roses assistance, ~ did not
think 1t worth while: did not tell Rose
In coming back that could manage two
of them did not say "there be Ia now,
cut his entrails out: you said you wOulu:'
l never told any one that said 30: did
not REQ any man picked up: did not hear
any one say am stabbed saw Q man
run up tho street; saw no one left the
whole crowd left: after crowd left went
after horse: started for home and met
Rose on the causeway near Lobdelps
farm: had no words with Rose as to
where should meet him:
Court here adjourned until . o'clock.
"
Returning to the Homsstead.