Daily Republican., 1881-09-28
FOURTH edition,
OYER AND TERnINER.

Sscend day's PrOceodings in tn I
Trial OfOrlando Rose-The State
Closes end L. q. Bird, Esq, Opens
Tor she Defence.
Court opened this morning at lO
O'Clock, and resumed the trial OF o rland
Rose. Attorney General Gray STATED
to the Court that one of the jurors was
sick and Mr.. Bird offered that II he wa.
too much in disposed tO sit as juror tt
allow him to withdraw aud continue
the case with eleven jurors.
Thomas Hannigan was recalled,
was at home the night that he was stab
bed, he wanted me to get a clergymar
as he said that he did not expec: to gel
off this bed alive; was present when
Esquire Brady came and TOOK his state
ment. Cross-examined-Esquire Brady
drew up the statement. l had a con
versation with Galloway, o" the NOR
ing of the 9th, and he said that he did
not think that he would.g get well.
went for Father Fallen, and he visited
him don't know that he had fever
Redirect examination, there was moth
ing further said to me by Galloway at
that time.
William II. Brady sworn, am JUS
tice of the peace in this city;op the 5th
of July / visited the house Of Mrs. Han
nigan, on Fifth street near Walnut, and
saw Galloway laying on bed dow Il
stairs. went for the purpose of taking
his deposition, and ! advised that ali
he said must be the truth; he told me
he thought he would die; after again
cautioning him to tell the truth, took
his statement down in writing, and
read it to him, and he being unable to
write. made his mark. I went there
at the Instance of Squire O'Neill.
Cross- prepared part of
the statement at the Mayors office. |
rad it to him, saw him again in tht
after icon. | found out how to draw
the statement up by reading, do not
know that ever knew OF u mans dy
ing declaration being placed in evidence
Statement shown) t1at is the docu-
inent drew up.
Mr.. Bird objected to admitting the
as evidence, and made a
lengthy speech, citing different author
itie. in support ot his position. Mr..
Bird said that where dying declarations
have been admitted as evidence, it was
on account Of their being necessary,
and argued that there was no necessity
in this case, az the State had already
established, by four witnesses, who have
testified to everything that the State
claims to Prove by the affidavit.
The court decided to admit the state.
ment AS evidence, but said it must be
used with caution.
Esquire Brady recalled-Chief Max
we'll ard took Rose TO the house, and
Galloway positively identified him as
he man that had stabbed him: went
there on the night of the 10th. To Mr..
b rd. Galloway said that he had no ac-
qu 'intance with Rose previous to the
night he was stabbed, thought that he
was dying when We were there, he did
not say anything abont dying that
n ght.
Sergeant Jones e.called-Know the
prisoner, he has always been known
around the Old Church by the name
Of Butcher Rose; do not know that he
resided in Cecil County, Md. Iar-ested
him at Perryville.
The States Attorney stated to the
Court that he would lest his case here
Levi &. Bird, ESD, opened for the de-
fence, and in his remarks said, that the
prisoner was charged with crime, the
penalty Of which is death, and said he
believed that if the evidence he would
produce would warrant them in doing
so, they would much rather give him
his liberty, than TO consign him to u
telOn's cell or the Scaffold. He detailed
all the circumstances of Roses visit to
this city, on the 4th OF July, and
described how he came to meet Gal
loway. on that night and explained to
the jury what he intended to prove by
and said, gentlemen If sue
ceed in establishing the facts shall
ask this Court to instruct you to render a
verdict of justitiabie homicide commits
ted in sell defence.
Dr, Thomas Brown was the first wit
ness called for the detence;I did not con-
slider his injuries fatal until peritonitls
set in.
sylvester Rose sworn am a brother
OF the prisoner, he is left handed, has
been from infancy.
Cross examined-Orland moved back
to this State from Maryland last spring,
came with his family and lived near
Red Lion he is about u years of age.
Chab. Wright, sworn, am the prison.
er's brother-in-law, his wife is now liv,
ing with Inc, has been since July. We
pa h,th nnrl inn Jonathan far Nr
III Cecil county, Md. Went
home to Red Lion on Saturday, the 2nd
Of July, and came to Wilmingt on
Monday, the 4th; got here about II in
the mOrnlLg, came here in one-horse
with my wife, Rose and his
wife; know that Rose had at least ten
drinks tnat day. Early in the evening
Ward, Rose and myself went over Third
street bridge to feed the horse; We then
returned and was going up Church
street 10 get Roses wife, who was stop
PIN; on Church street, above Eighth;
when we got on Church street man
said, "Look at the old countryman,"
when Rose asked him what was the
matter with him, when the man said:
Go to HI yOn son of b-h,'
when Rose said you show Inc the way,
and the man replied, ii you will come
around the corner Pll soon show you.
He tnen advanced and took hold of
lsose, and ht, without saying II word,
struck him in the face; We walked on
up Church street, when Rose overlook
us; told ltose We had best 20 back
and get our horse and go home Rose
objected as he said ii we went back they
would jump on Us; though, there was
No danger as Lad heard some one say
that a police was coming. Ward left
Us At sixth street and we went back; as
we cane nearer | saw crowd on the
corner. Rose was drunk and l wanted
hum to 60 and get the carriage, and
come over and get his wife and 60
home, rs was afraid he would get into
a worse fight.
When we returned awe saw seven or
eight men standing on the corner, and
0 .e of them said, he. Q is the s-n Of a
.-h thai struck NE, aad jumped our,
aud grabbal LCld Of Rose, VINO strug-
g!ed with him aud got away, and start