Daily Republican., 1883-09-24
NEARING THE END.
A VERDICT OF NOT GUILTY IN 4
CASE OF ASSAULT WITH
INTENT TO KILL.

Court re-assembled shortly after 3
o'clock Saturday afternoon, aud Mr.
Turner filed his objections to the wrtS
of certiorari on the record Of squire
Cole, and the decision Of the Court was
read BY the Chief Justice, full account
of which appears in another column
All the Jurors were discharged from
further attendance except those en-
paneled in the case of the State Va
Whartenberg and Lamborn, indicted
for assault with intent to kill j. Alfred
Collins. States Attorney Gray and
Deputy States Attorney Cooper for the
State and Walter Bacon and Francis
A. Walker, Esqs., for the defense.
j. Alfred Collins testified that on the
evening of the 23d Of June he went
from the Every Evening office to his
home, No. los Scott street, and after
eating his supper sat down and read
the papers. His wife heard noise,
and he went out to see the cause OF it;
this was between $50 and II o'clock,
but could not state the exact time; az
he turned to go home, he was attacked
by the defendants. Lamborn run at
him with a club and struck, but he
lodged, and received the blow on his
arm heard him say, "kill the s-n ofa
b-h."
The crowd threw stones at him. aud
hallooed, "kill him, kill him." and
Whartenberg fred at him heard three
shots fired. The witness was subjected
to searching crOss-examinatiOn by
Mr.. Bacon, In regard to the manner in
which he identified the prisoners as be-
ing the parties who committed the az
sault, where so many others were en-
gagged, and the attorney succeeded In
getting him badly mixed in everything
relating to the issue.
william Smith, residing at No 1O6
Scott street, testified that he saw Collins
running with four men after him, and
heard two shots fired. Collins Went IN
his back gate and the witness hurried
into his house, to save his front VIM
dows from being broke.
William Morgan corroborated the
previous witnesses in regard to the
assa ult, and the State closed.
Alfred Grinnage, colored, testified
that on the 23d Of June he was at
picnic at Talley's woods with VIM:
Stewart and charles Lamborn. Started
out there about o'clock, and got there
about 10 or little before, and did not
start for home until II O'Clock. The
witness was corroborated by Emma
Golden and Levi Bayard, who were
also at the picnic.
Officer Osbourn testified that he had q
warrant placed in his hands on the 10Th
of June for the arrest ofthe prisoners.
He went with Mr.. Collins in search OF
the parties, and when they got to the
place where the affair happened, Col
Inns said "Here is where they assaulted
me, but it was 10 dark that could not
see how many there were or who done
it," He also said that he did not know
positively who struck him but somebody
would suffer for it.
When they found Lamborn, Collins
asked him what his name was, and
when, after some hesitation, he answer
ed, lie told the witness to arrest him 2S
his name was on the warrant, and after
wards said in low tone, 81 think
have the dead wood on that darkey.
Frank Tilison, colored, testified that
the night of the 23d of last June he was
at pic mic in Talley's woods, and seen
Lamborn from 10 o'clock to IL o'clock.
George Anderson and Daniel B. Ander-
son testified that they had known Lam
born for years and he had always borne
a good character.
James Whartenberg testified tnat he
resides at Andersonville on the night
of the disturbance Alexander Wharten-
berg was at his house sitting on the
doorstep, and did not go near the place.
Andersonville is about fifteen streets
distant from the place where the dis
turbance took place.
Several other witnesses were exain-
iued, but their testimony only corrobo-
rated that previously given, and the
case was submitted without argument:
The Jury did not leave their seats, and
after short consultation rendered a
verdict Of not guilty. Judge Houston
congratulated Messrs. Bacon and walk
er on the skilful manner in which they
had conducted the case.
The case of George Hinson, indicted
for arson, in setting fire to and burning
he stables of Eastburn q Brother, was
continued until next term.
The witnesses in the case OF the State
vs.. Robert Sidney, indicted for assault
and highway robbery, were discharged
from any further attendance at TINS
term.
At5.45 the jury, who had acted on
several inquisitions, were discharged
from further attendance at this Court,
and at 6 O'Clock an adjournment was