The daily gazette., 1882-05-11
SECOND EDITION
REPRlNTED FROM YESTERDAY
HAyDEN,s LUCKY ESCAPE.
HAYDEN,s LUCKY ESCAPE

Arrasgned for Manslaughter and n Plea of
Assault and Battery Accepted-Court
Proceedings at this FOrenoOn's Session.
The Court of Oyer and Terminer, as well
as of the General Sessions of the Peace and
Jail Delivery, was opened this forenoon, and
during the morning Lewis Hayden was
arraigned for manslaughter in the killing of
William Shields at the Front and Union
street railway depot, on November 10th
last. He pleaded not guilty.
Mr.. Higgins, counsel for the defence, OBJ
jected to the indictment upon the ground
that it was not In the form prescribed by
the State statute, but the court overruled
the motion, stating that the substance of the
Indictment being properly worded and stated
according to common law was sufficient.
When everything was in readiness for the
opening of the trial, Attorney General Gray
stated that upon conference with Mr.. Hig-
gins he had concluded, though not until
after being perfectly satisfied, from the ex-
animation ofwitnesses of Hayden's innocence
of manslaughter, to accept plea of guilty
of assault and battery. In order to give the
court clear understanding of the case, a
number of witnesses were examined. John
Ziegler testified as follows: Live in Whining
ton, and on the 18th of last November went
to the depot to get my car where
met Hayden, who told me he
was in trouble. / went into the
the station and Hayden came in and said
William Shields was outside. He then went
out and begged Shields to 90 away came
back to the waiting room and closed the
shutter, which was opened by Shields, and
Immediately afterwards heard the pane of
glass break. Shields was drunk and did
the damage to get inside. Hayden then en-
tered the room, got his stick and went out !;
heard body fall and upon going out saw
Shields, with his face bloody, lying on the
ground; Hayden bathed his face with water
and was kind to him Hayden was of good
character, and / never knew him to be dis
orderly.
Cross-examined-Shiel was drunk and
very disorderly he was a large, strong
man and larger than Hayden. 1t was the
second time Hayden went out that the glass
was broken. After the prisoner struck the
deceased l went out and Hayden said,
'Shields struck me-" Did not see Hayden
strike Shields"
Policeman Edward Mcguire, Charles w.
Clapham and Edward Groom were examined
with reference to the good character of the
prisoner and to Shields drunken condition
on the night of the homicide.
The court being satisfied the plea of guilty
of assault and battery was entered. The
Chief Justice, in pronouncing sentence upon
entirely justified in striking Shields, still
upon examination of the witnesses the court
could not say that his punishment should
be heavy, las his character was good and that
there appeared TO be a lack of felonious in
tent upon his part to do Shields any great
harm. Hayden was then sentenced To pay a
fine of 500 TO the State, costs of prosecu-
tion and suffer an imprisonment of three
months.
William T.Cummins, indicted for bigamy,
was brought into court and Daniel ii.
Forster, Esq, was appointed to defend him.
William Simmons was arraigned for viO-
lating the deadly weapons law. He pleaded
guilty through his counsel, Thomas Davis,
Esq. 1t was stated by Officer Harry Taylor
that he was disturbing religious meeting
and had revolver in his pocket. He was
sentenced to six months imprisonment and
to pay the costs.
Nathan Demby, colored, who broke into
Mrs. Hignutt's house and pleaded not
guilty, now entered plea of guilty through
his counsel, Walter Bacon, Esq, and the
court, after consulting with Treasurer Her
bert with reference to the weakness Of mind
and former honesty of Demby, sentenced
him to the light punishment of S2l 90 resu
tuition money, three months imprisonment
and five lashes
solomon Davis in whose case a q,olle pro
had been entered was discharged from Gus
tody on motion Of l.. e. Vandegrift, Esq.
George Myers was also discharged.
The recognizance of S. NJ. McFarlan
wanted for violating the deadly weapon
law was forfeited as he had not appeared
Court took recess until O'Clock.