The daily gazette., 1881-11-22
THE COUNTY COURTS.
STARTING UPON CARBERRY,H
SECOND TRIAL.
Two Interesting Questions Raised
During the Drawing Of the
| Lnrv

Judges WootteD, Houston and Wales on
the bench.
Thos. Lamb, indicted at the last term
of court for assault and battery on John
W. Ford, on May 21st, last, with intent
to kill, through his counsel, John FL.
Rodney, Esq, pleaded guilty of assault,
which was accepted by the State. The
parties hal dispute over ditch which
runs through Forks place, near New
Castle, when Lamb struck Ford ON the
head with bill hook, an instrument
used for trimming hedges, infiicting
severe wound.
On his examination Ford was asked
by Mr.. Rodney, If he did not, on the
day of the assault, call Lambs wife
Odd old bitch" He said he did not,
but simply called her a witch.
Frank Lamb, son OF the defendant,
testified that Ford came to their house
and called out to his mother, told wo-
man, bring out ths boss, you id old
b-h." He started after Ford, but
before he reached him his father arrived
and struck him two or three times with
an axe helve.
This testimony was corroborated by
Miss Julia Lamb, daughter of the de-
iendant, ,and also by Miss Fannie Lamb,
another daughter. The court imposed a
penalty Of So fne and s.
Chas. Dagger, coll, who pleaded guilty
to a charge of carrying concealed deadly
weapons, was find $25, and costs.
About four o'clock, proceedings were
started In the case Of Morris Carberry,
indicted for the murder of Sam'l Il !.
Adams, COL, at the Old Ferry rolling
mill, South Wilmington, III May last.
This is the second trial for Carberry, the
jury having disagreed ut the first trial,
during the September term of Court.
Carberry was brought into Court and
took his seat Ia the prisoners box. He
maintained his usual composed de-
meanor, and with the exception of per.
haps deeper lines of trouble on his brow
looked about as well as he did last Sep.
tember.
The first Juror called, Sam'l Sharp
less, was challenged. John Atkinson
was next called, and the defense waived
the question as to whether or not he hal
formed and expressed an opinion in this
case. The Attorney General asked If the
State, in this event, had not the right Il
ask Ibis question, as no juror had 8
right TO 90 into the box to Try this cas-,
unless his mind was perfectly fee AMI
unbiased.
Mr.. Lore said he raised this poin
several times while he was Attorne,
General, and the late Chief Justice Gil
pin uniformly ruled against him, hold
: ing that this question was the sol
privilege of the defence.
The vew was sustained by the Court
| but the Chief Justice said that mai
! who had formed and expressed an oPin
, i'm ought to say 30, voluntarily,
\ ask to be excused.
, Mr.. Atkinson was then accepted an,
sworn. Theodore Estling was mex
called, and the defence again waive,
their question, and he was accepted.
AtIer a number of jurors had beel
+ excused by reason of having formed an
+ expressed an opinion, the Attorney
Q General addressed the Court upon tn
5 propriety of changing the procedure 5
t as to follow up this answer from juro
i by the question from the Court, If thi
opinion was such an one as to bias th
Juror in forming an opinion from th
eyidei ee. In these times of daily paper
# when all crimes and accusations ar
Il published In detail and en- ertenso, fe'
nen could help forming and expressin
}, opinions, and many men peculiarl
q fitted by character aud intelligence
d act as Jurors were thereby aIbilraril
excluded.
The Court declined to change th
well. settled mode OF procedure In IN
"a respect. IT,,
10 In all 80 names were drawn befol
tbe iury was secured. Of these but tW
~ james Ii. Roberts and George ABE
o, had conscientious scruples again
finding verdict of guilty where IL
penalty was death. John j. Fisher sa
he had no scruples but was opposed
10 hanging. However, he was accepted al
.. sworn. Those challenged were Geor
'h w. Craig, john s. Jones, Francis
Gray and Ephralm Stirling. The ft
lowing were excused for having form
and expressed an opinion: JamesWrigi
Joseph Bowman, Matthew Maker
i, Peter Wood, Henry A. Nowlapd, Cha
Green, VIM Cooch, Edward u. Han'
David l.. Choate, Thomas II. Poo
BE, Samuel Gregg, Edward Souden, w
", o. Adams, Robert G. Gordon, f..
~ Dilworth, Wm. Brackin, John McMt
III III. len and Curtis III. Talley..
pc ue jury, 10 nhaiiy neeesSN, ""
he follows
John Atkinson.
a Theodore Estling.
ms, James w. Mitchell.
nra n John j. Fisher.
'sa ion John Il. McElwee.
Mi Samuel A. Collins.
Benjamin q. Collins.
iss Samuel Clendenin.
his George Boulden, Jr.
viii James Is. Appleby.
Landon Reed.
.ek William ii. Houston.
n' IL was $50 O'Clock when the dIawi
|, a was ended. Ten minutes more W
nee occupied in reading the indictment
Ibi- the fury, and few minutes thereal
ept the Court adjourned until III o'ci
- this morning.
IN At 4:35 O'Clock the Grand Jury ca
'"'' down with several more true bills.
John III. RumDerger and Thou
,h,a Pagan were sworn in as bailifls to
al tend to the Carberry jury. They "
you ordered TO get them what they wan
the to eat and drink except intoxical
at llsuors), and to provide newspapers
OF them, If they desired, excepting th
,asa .a containing reports OF This trial.
on, 10. A. Haddaway, ESQ. o" Episct
also Methodist,n Baltimore, Md, WI
ses- "W lth much pleasure testify TO the
Jon ELECTS of DIR. Bulls Cough syrup IN
family, Have used in many cases,
In each instance the result was enti
hnN n