The daily gazette., 1881-09-30
SEPTEMBER COURT,
OYER AN ID TERMINER.

immediately upon the reassembline
Of Court, Orlando Rose, who was in.
dicted for the murder of Peter Gallo
way, but who pleaded guilty of man
slaughter during the morning session,
was brought into Court and sentenc .
ed as follows: Cost of prosecution,
$4,000 fine, and imprisonment for the
term of three years.
The drawing of jury to try the
case of Morris Carberry, for the muir
der of Samuel Adams, COL, was then
commenced with the following result;
Empanelled-Lewis j. Graves,
John A. McClintock, James hey
nolds, Jr., Gustavus ]. Gibbs, Jane 8
i. Shallcoss, Charles Hindel,
James M. Whelan, James Connolly,
George w. Mckee, Anthony Reybold
George Cannon, John II. Emory.
Formed and express sed an opin-
ion-John e. Brockson, Henry
Scane, William ]. Lang, David Nor
rison, Robert n. Taylor, James Ford
ham, Daniel Draper, George john
son, William Miller, Nathaniel
spencer, Mortimer Records, Lewis
Miller, Thomas S. Weldie, John II.
Thornton, J ames T. George, Thomas
Morrison, Jr.
Contcientious scruples against render
iBg verdict of death-Eenry q. Tom
lin, VIM. b. Herbert, Harry A. Beeson,
Robert ii. Ellason, John T. Whorter,
Clarence d. Slaats.
Challenged-vincent S. Finn, Chas.
Warren, William BrattoD, Thos. vii
Hanson, Thos. Shakespeare, James NJ.
Hirst, Moses America, COL; Harry Ford
ham, Morris w. Brocken, George W.
Ely.
Before the jury was completed, the
entire panel was exhausted, and ieputy
Sheriff Clark had to draw q talesman
from the audience. The last three sworn
on the jury were the ones so drawn.
Az 5 O'Clock Deputy Attorney. General
Cooper opened on beh If of the State,
aud explained the crime for which the
prisoner stood indicted, aud also the law
bearing on murder.
Frank r. Carswell was the Erst wit
ness called. He testified that be was an
architect, and by request of the Attor-
ney. General had prepared plot of the
work. where the murder took place.
The plot was produced and explained.
Thomas McCatferty sworn and testi-
fed that he was foreman of the horse
shoe department OF the Diamond State
Iron Company's Old Ferry Mill; knew
the deceased; he had charge OF trimming
the iron for the horseshoe department;
about GAO o'clock on the morning of the
2Sth of April last l was waiting for the
whistle to blow 10 60 TO work; saw
Adams coming into the shop; atked him
to cut some horseshoe iron, and he re-
Piled that he would; he started towards
the shears to do so; saw Carberry come
in the door and heard him call TO
Adams, who stopped; Carberry told him
he must go out: Adams replied that he
had business and must get through with
II; Adams then backed toward the
bench and was followed up by Carberry,
who picked up Adams kettle and threw
1t out the door; Carberry then said, "by
God you shall 20 out" aud drew a re-
yolyer from his hip pocket; Adams made
step back " ards and picked up a piece
of iron aud held 1t down, and said to
CarberIy, "you have'fourished that In
my face several times, don't do 1t any
more - after telling Adams again to go
out, Carberry fired, when within two
feet of Adams; be then threw bis left
arm around Adams' neck and struck
him three blows; he then let go his hold
and Adams fell back dead.
AT @ 05 court adjourned until 10
O'Clock this morning.
FRIDAY MORNING.
Court opened this morning at 10
o clock, Judges Wootten, Houston and
Wales on the bench.
Anthony Higgins, Esq, counsel for
William Neal, COL, addressing the court
said that he desired very much that his
client be tried during the present term
Of court, but when the witnesses for the
defense were called on Wednesday last,
three or four material witnesses did not
answer, he had attachments issued for
them, and they mai been returned as be-
ing sick. Under the circumstances he
did not feel as though he could go on
wi b the case, and be would therefore
ask for a postponement until the next
term of court.
Attorney General Gray opposed the
motion saying that scores of witnesses
had been present several days, and the
case had already cost the State q con-
siderable amount of money, and he
therefore protested against any postpone
ment.
The court held the motion under ad-
visemeBt until after the termination Of
the Carberry trial.
The case OF Morris Carberry was then
resumed with Thomas McCafierty on
the stand who testified:
No rule he knew of preventing men
from entering the door; about three
weeks previous Adams came in and
went to the furnace to light his pipe;
Ca; berry went to bim aud he told Car
berry TO 90 the witness and ask him
what right he had there; Carberry came
to witne ss, and he told Carberry that
Adams cut the iron for horseshoes; saw
other men 60 through but were never
stopped.
Cross-examined- orked there Eve
| years; Adams been there three or four
years; never noticed Adams go through
the door before; had noticed him coming
through the other door; Adams had =
right TO come into the shoe department
whenever he wanted to; would send the
iron into my department whenever he
had 1t ready, sometimes | would send
for II; as he passed me asked him to
cut iron rolled night before; he said,
"yes, sir / will !" Carbery called to
Adams, and told him to 60 out; Adams
said "he had business TO transact and
must get through, and can't 60 QUIT
@ Iberry said "you will have to 60 oul
by God;n Adams then pulled his sleeves