Daily Republican., 1881-11-22
COUNTY UOURT.
Preseoaises Yesterday Afternoon
Tho Trial Of CaPbePry Com.
monced -Empsnelling the Jury.

Court reconvened at 3 Of clock yester
day afternoon, with Chief Justice Com
eggs. and associates Wootten, Houston
and Wales, on the bench. There wer,
a large number of persons in attend
ance, some as witnesses, but the major
ity az spectators. The first case called
in the afternoon was:
State vs.. John w. Ford, indicted al
last term, for committing an assault,
upon Thomas Lamb. The parties are
farmers, and reside q short distance
from New Castle, and last spring they
had quarrel over ditch, that runs
through both their farms it was claim
ed that Ford assaulted Lamb with a
bill-hook, and he only saved his life by
dropping behind helge.
Ford, through his counsel, John H.
Rodney, Esq plead guilty, but denied
usinga bill-hook, and showed by "A
number of witnesses that the weapon
was a piece of an axe handle that he
did not use that until after Lamb had
given him great provocation, by coming
to his house and cursing ana using abu-
sive language toward him and his wife.
The Court sentenced Ford to pay inc
of IS and costs.
Charles Dagger, young and respec-
table colored man, who had been in
dicted for carrying concealed deadly
weapons, plead guilty, and was senten-
ced TO pay fine OF 3 20, and cost.
State vs.. Morris Carberry, indicted for
the killing Of Samuel IL. Adams, color
ed, at the Old Ferry Rolling Mill last
Spring
Attorney General Gray and Deputy
States Attorney Cooper, for tho State,
and Charles b. Lore and George II.
Bates, ESqrs. for The defense.
Tn. prisoner was brought into court
between two bailiiis, and conducted to
looked about the same as he did on his
previous trial. His long Imprisonment
did not seem to have had any perceptible
effect upon him.
The empanelling of the jurors was
commenced at 4.l5, and over an hour
was spent before /. was completed.
Tnirty eight names were drawn with
the following result
James Wright, Joseph Bowman, Mat
thew Macklem, Peter Wood, Henry A.
Rowland, Charles Green, Henry Coocb,
Eiw. DeHaw, David l.. Choate, Thomas
II. Publ, Samuel Gregg, Ewd. Souden,
William Is. Adams, Robert G. Gordon,
William Brackin, Edward 7. Dilworth,
John McMullin and Curtis NJ. Tallcy,
were excused as they had each formed
and expressed an opinion as to the guilt
or innocence of the prisoner.
James ii. Roberts and George Abele
were also excused, having ngconscicntlols
scruplus against finding IA verdict, the
D, nishulent for which is death.
Samuel Sharprss, George w. Craig,
John s. Jones, James Leecb, Francis e..
Gray and Ephraim Sterling We're per
emptorily challenged by the defense.
The jury as finally selected is as fol
lows:
John Atkinson, Theodore Estlin, Jas.
w. Mitchell, john q. Fisher, John g..
McElwee, Samuel a. Collins, BEN amin
G. Collins, Samuel Glendennin, George
Boulden, Jr, James p. Appleby, Lamb
din Reed and William II. Houston.
During the emoanelliug of the jury,
the States Attorney asked the Court Lc
modify the question, IltFe YOU ioi i'no
and expressed an opinion as TO the Gnll
or innocence of the prisoner" usually
asked by the defense, 50 that it would
be "Have YOU formed and expressed an
opinion as to the guilt Of the prisoner
that could not be changed by the evi-
dence 90
The Court refuse d to make any altera'
ton at the present time, but said that
if the mater WAS brought before the
Court, at some future time, they would
listen to argument in the matter, and
possibly make the desired alteration.
After the jury was selected, two bail,
| ifs were sworn to take charge of them.
Thoy were instructed to conduct the
Jury to Il room, and provide them with
good substantial supper and breakfast
but no intoxicating or malt liquors OF
any kind. They were also instructed
not to allow tnem to have access to any
Wilmington newspapers and thoy are
to prevent any person from speaking to-
or having any communication with
them whatever. The jury then retired
and at 5 45o'clock the Court adjourned
until ten O'Clock this morning.