The daily gazette., 1881-12-01
From Yesterdays Late Edition
CARBERRY'S TRIAL ENDED.
THEJURY BRINGS IN A VERDICT
OFMANsLAUGHT
Sentence Deferred-How the Jury
stood -Other,Court business.

When Court reassembled, this morn
ing, the jury IL Cafbeffy's case was still
out, whereupon other criminal business
was proceeded with.
Isaac Hayden, OF this city, q well
known offender, was arraigned on
charge OF the larceny Of piece OF carri-
age leather and piece Of dash leather
from the factory vi John Walther. lie
pleaded "Bot guilty" and claimed TO
have b, en- discharged from this offeuse
at the September Court. The Deputy
Attorney General SAID that Hayden was
not indicted at the September term, his
commitment having been received too
late.
WIN. McClelland, for the larceny OF
81 from Geo. II. Kesel, of Wilmington,
and Shadrach Trusty, for the larceny OF
a silver watch valued al $l5, FROM jos.
II. whelan, were arrIgned and pleaded
not guilty.
Chss. Dixon, col was arraigued for
committing an assault and battery, with
intent to rape upon Susan CaTrlgan, was
arraigned aud p,eaded not guilty.
AVN. McGraw, alias McGiunis and
John Craven, white boys, were arraigned
for the larceny OF about Sl2 from Law
renee Messick, huckster, at Third and
King streets, and pleaded not guilty. A
lad named John McCle skey, also con-
nected with this offense, had been re
leased on bail, but as he was not pre-
sent his bail was borfected Dennis Kane
was his surety.
Arthur Craig was arrsigned for bur
Rlarlously entering the store Of Sarah j 4.
Miller and stealing lot Of dry goods.
He pleaded not qusliy.
Chtistiana Leach, white woman,
was arraigned on a charge OF stealing
three $40 gold pieces, three $40 notes,
three pieces of ribbon, $50 breastpln
and one valued at ST., a gold medal
worth $40, two rings worth So, and
some smaller articles OF tritling value
IRON Eliza Mccullough. She pleaded
not guilty, and a jury was drawn for
her uial. Deputy Attorney General
Cooper for the State and Lew q. Bird,
| ksq., for the defense.
Mrs. Mccullough, the principal
witness f. r the State, testified that the
accused came into her house aud Dor
rowed her keys, saying she wanted
them to open her husbands box, as he
had been out late the night before, aud
she wanted to see how much money he
had spent. Mrs. Leech, who lives
next door, returned them in about a
| quarter of an hour. One of these keys
unlocked the box in which the stolen
articles were kept, and afterwards
! they were missed.
The witness was subjected to a
sea- ching cross examination, which
lasted until the noon adjournment.
THE oARkERRY VERDICT.
AT 1888 o'clock stir in the Court
room announced the return of the
Carberry jury and a sudden bush of
expectancy fell upon the entire audi.
ence. Carberry was brought up from
the cells and placed IN the dock
Every neck was craned forward with
eager anxiety TO hear the answer AS
Clerk Cochran, after being informed
by the foreman that the jury had agreed
upon verdict, inquired
.'How say you, Mr.. Foreman, do
you flnd Morris Carberry, the prisoner
at the bar, guilty in manner and form
as he stands indicted, or not guilty.
"Not guilty in manner and form as
he stands indicted, but guilty OF
manslaughter, was the reply OF the
| foreman.
Carberry received the verdict with
his usual composed demeanor, though
he was undoubtedly disappointed, as
1t was known that he had entertained
strong hopes of being acquitted. With
the exception OF his son none OF the
members Of his family were pfesent
when the verdict was rendered,
Sentence WAS deferred, and after the
discharge of tho jury Carberry was
taken back TO his cell.
/ HOW THE JURY STOOD.
| When the jary took their first ballot,
about seven o'clock last evening, they
| stood seven tor aequittal, two for mur-
der IN the second degree and three for
manslaughtsr. After a thorough arpu-
| nent and two more ballots, one OF III ose
IN favor OF second degree came down to
inanslaughter, and was shortly followed
py his associate n this opinion. Finally
The seven who we're IN favor of acoult-
tal agreed TO compromise on a verdict of
manslaughter, provided 1t was accom-
panied with recommendation of the
prisoner TO the mercy OF the Court. The
commentator was opposed, with
success, by the other five, until finally
al out one agreed 10 verdict OF man
daughter, without any qualification
lbis one stuck out tenaeIously, and IL
was not until the last minute that he
agreed completely with his fellow-tury-
men, Then they came down with n
verdict of manslauRbter