The daily gazette., 1882-02-10
-Firen rs.,sFaau,. 90 Eaislen
QUAnrER SESSIONS.

ANUCkLES DECIDED TO BE DEADLY
wEAPoNs--oFFIcER cHAMRERs' AS
sAILANTs ON TRIAL.
Court met At 10 o'clock this morning.
Geo. Strain, COL, who pleaded guilty
10 an assault and battery upon Alfred
w. Watkins, col, was fined $40 and
costs.
Chas. Murphy, the would-be wife
murderer, who cut his wife's throat last
week, and escaped prosecution for as
sault aud battery with intent 10 kill by
pleading guilty TO the assault and bat
terry only, was next brought into Court
for sentence. The Chief Justice Ad-
dressed him In q very Impressive and
affecting manner, admonishing him TO
esolve, when released from prifon, to
do better In the future and live sober
aud virtuous life. He then imposed 3
sentence Of fine OF 800 and costs Of
prosecution, and one years imprison-
ment.
State rs. Eugene Brown, COL, indicted
for carrying concealed deadly weapons.
Austin Harrington, Esq, for the State,
and Geo. Elliott, Esq Tor the defence.
This case was a little out Of the regular
order OF such cases, as prisoners ofiense
consisted in carrying u set of brass-
knuckles, which was found in his pock-
ct, at the police station, after his arrest
tor disorderly conduct.
Counsel for the State contended
that the brass knuckles were deadly
weapon.
For the defense Isabella Brown, the
prisoners sister-in-law, said she pick
ed up the brass knuckles from the
floor in the bedroom, and put them in
Eugene's pants pocket; afterwards he
came home drunk and changed his
clothes, putting on the pants in which
she placed the weapon. In addition,
Mr.. Elliott contended that the brass
knuckles were not deadly weapon,
and asked the Court to charge to this
effect, and also that the carrying must
be willful aud not accidental, as in
this instance.
In charging upon these points, the
Chief Justice said the carrying Of a
Concealed deadly weapon must be a
willful act, but that drunkenness could
not be considered as an excuse, as when
a.drunken man Is found carrying con-
cealed deadly weapon. the inference, In
the absence of proof to the contrary, ID
that the carrying is williul. On the
oiher poiDt, the Chief Justice said that
beyond the production Of the knuckles
The State had offered no evidence thai
that they wers deadly weapon. Thii
question, therefore, was one Of fact fol
the jury to decide, and they must judge
whether the use of such an instrument
is likely to produce death.
After quarter of an hours delib-
Grafton the jury brought in a verdict
of guilty" Brown was sentenced x
pay the costs of prosecution, and bG
imprisoned fol- thirty days.
Dan'l Patton, indicted in nine case
tor selling liquor without license
asked for a continuance until he MAJ
term, which was granted.
State VS.. John W. Hill, col, for thu
larceny of five chickens and forty
pounds Of pork from Geo. W. Talley
of Brandywine Hundred. l.. @. Van
degrift, Esq, for the State. Verdict
guilty" with recommendation Il
the mercy Of the Court. Hill wa
sentenced TO pay $3.50 restitution
money and costs, receive 8 lashes, b
imprisoned one month and wear
convict's jacket six months after re
i lease.
The recommendation to mercy an
the light sentence were the result G
j an appeal made by the prisoner /
! which he claimed that he was limo
Gently enticed to Mr.. Talley's hous
!. by another negro, who stole the mea
! and chickens and got him 10 carr
them away.
The case of State vs.. Arthur Emer
> son, John Blizzard and Henry E
Butler, for committing a violent az
Z sault and battery upon policema
d Robert W. Chambers, on the night
i Saturday, November 18th last, as r
D suit of which the officer nearly die,
was next called. Attorney -Gener
Gray for the State, and Harry SharJ
ley and IL. r. Pennington, Esqs., f
1r the defense.
& Officer Chambers took the stand ar
a a testified TO seeing the three defendan
0. going down Market street rath
+: drunk he warned them to be quie
- and as he passed on looked around al
er saw Butler strike colored man wi
at was passing he started back to ARE
Y Butler, who ran into the Swan HotC
is but he followed him and after she
eIr struggle arrested him after gettil
40 outside Emerson cried out to Butle
or "Don't go with the 81 of b-h, b,
10 got no right to take you; you're
or Deputy Marshall" Then Butler 7
y. newed his resistance, in which he W
y! aided b. Emerson, Blizzard and othe
en whe the officer did not know. Bli
or card hit him back of the ear, and FL
ne erson hit him on the head witt
IN stone.
". Emerson also kicked him Vlolen
nd on the forehead, saying as he did
"you s-of b--h, Is there no W
% of killing youP" He called on GRO
% for assistance, but no one responded ,
n cepting VIM. Bouzearth, several persC
g replying ''let HIM assist himself thG
70 what he's paid for" Officers Boster q
as Kane arrived and helped him to t,
Butler to the police station.
Officer Chambers then told how
injuries resulted in O serious illness /
kept him eff duty until the seconC
January He said he was'nut as goo
IA man now as be was before this afiray
DR.. S. L. West testified to off
Chambers serious condition, subsequ
to the assault, convulsions threale
L his life for several days, and his ill