The daily gazette., 1881-10-01
From Yesterday. Lat. Eaisio..
THE SEPTEMBER COURT.
Continuation OF this Mornings ses
sion-Applicntion Withdraw.

differ 10 the main from bis direct testi-
mony.
The remainder OF this mornings ses-
sion was taken UP 10 the Carberry case.
Just previous TO taking recess Anthony
Higgins withdrew bis motion 10 post
pone the trial Of william Neal, colored,
until next term of court, and tie wit.
nesses in the case was postponed until
Monday next.
II the Chief Justice Is not present At
that time II will have TO 60 over as
Judge Houston will be unable to attend
during the remainder OF the present
term, and the bench will be without
quorum.
Hugh Scanlan testified Live In
South Wilmington; worked In horseshoe
shed In Old Ferry Rolling Mill; occupa-
ton heating borseshoes; on the moruing
Of shooting was sitting OH q vice about
NIX minutes of seven; the whistle had
blown; l knew Adams and also Car
berry; first place | saw Adams on that
morning he was coming In the door; he
WAS going TO the anvil; he was stopped
by Thomas McCaferty; while standing
there Carberry came up and told him he |
must go out; Adams said he had busi-
ness aud could not go out; Carberry
| then pushed Adams towards the vice,
and then CarberrY put Adams Kettle |
| out the door.
| Adams then went back to McCaffer-
ty, and Carberry again pushed Adams
toward the vice, and then drew a re-
volver; Just then another man came In
and Carberry went to him, and after
saying something to him, came back
to Adams and said, "by God you must
no out :" Adams said ''you have -four
ished that pistol in my face two or
three times, and don't want you to
do it any more;" Adams then stopped
down and picked up piece of iron,
and after Strengthening up made two
steps toward Carberry, who then shot;
after Carberry shot him, the two men
clinched; finally Carberry got Adams
head under his arm and hit him two
or three times Carbsrry then let go
of Adams, and as he was falling struck
him again then went to Adams aud
he lived about a second or two; came
into the shop same way as Adams.
Cross examined--Did not know of
any rule to prevent workmen from en-
tering the thoe shop; before Carberry
shot he told Adams to get out; Car
berry stood still while Adams wen,
back to McCafferty; when Adams
picked up the piece of iron, Carberry
had revolver in his hand; he had it iI
his hand before he went over to mar
/ with wheelbarrow, and also when hs
}. came back; when heard the shot saw
3. Adams arm up with the iron; fearC
3 some one say ''you are d-n fool Il
let man point a revolver in your face
a knock his d-n head Off" Adams thel
picked up the iron after the shot wa
fired Adams advanced toward CARRIER
ry; always saw workmen who did no
D. work in the shoe shop put out o
it; / never saw them put out
Y wien Adams was rolling up hi
sleeves, he had his back toward Carbery
Redirect never seen any one put OF
= who were going to their work; neve
seen but two workmen put out, and the
were washing there.
Walter Peace--worked III the Ol
, Ferry Mill on the 29th of April las
worked in guide mill; few minutes
o'clock went to get 4 drink; passe
between shears and punching machine
In the horse shoe mill; heard repor
turned around and seen Carberry au
Adams ss though they were clincbln
saw Carberry throw his lett arm aroun
> Adams neck;saw Carberry strike Adau
three times In the face, worked there 8
. or seven years; never knew of any can
- to prevent workmen from passiI
through the shce shop; Carberry new
put me out; Carberry was put out
another watchman named Bradley,
j, persons going In annoyed the workme
- Redirect-l have gone through the
'rss several times TO my work, and was nev
stopped.
Thomas W. Cook testified-work
- Old Ferry Mill; employed In machi
shop; did not see the first occurrence;t
first whistle had blown before got ru
yard, passed within ten feet Of CARRIER
and Adams, who were talking; came
. the door that Carberry was trying to p
Adams out, passed Oh about ten TO.
put my bucket down and heard CARRIER
say "you shall 60 out" and Adams sal
81 will not" At the time l entered Ca
berry was 6ourishing his revolver
ase Adams face; while doing so color,
ibt- man came in the same door, and Ca
berry went over to him, and after fe
minutes came back 10 Adams aud aya
ts ordered him out; Adams said "do
flourish that pistol In my face" al
stopped down and picked up a piece
iron, as he raised up Car berry sho, ;th
then clinched, and CarberIy struck Sa
in the face twice, and then struck hi
as he was falling. Boys are not allow
ER to go into the shoe shop during worki
ts' hours.
Ek Cross-examanined- business is
I'D .no repair the machinery around the mil
ES, saw Adams have the iron in his han,
rs, when the shot was fired, bis hand W
banging down after he was shot /
: OF iron dropped on q bench with vi
attached did not see Adams make a
nu- advance upon Carberry.
y. James Curry testi6ed-Work In I
-. Old Ferry Rolling Mill l have pass
KY through the same door that Adams d
'''' on several occasions, as passed lhrou
= of heard Carberry aud Adams 10 al alt,
e of cation; looked aud saw Carberry flo,
ons o ishing q pistol and also his hand
felt then went out and In a few seeou
~ a heard ristol shot and went in and 81
Carberry throw the pistol, and then
Ly. two men clincb, and saw Carberry stri
Adams twice, and then once as he v
. falling.
a. oss-examlned-Knew of no ru
" to stop workmen from passing throu
- the shop, or going in there heard th,
was rule to prevent loafing.
,,.. George Brown testified-At pres,