The daily gazette., 1883-11-21
THE NOVEMBER COURT.
CRIMINAL CASES NOW BEING
TRIED.
HINsON ACQUITTED OF ARSON
A Heavy Sentence for a Cruel Assault and
Battery-stroDg Defense of Suspected
Burglar.

| opened at 3 o'clock, with Chief Justice
COmegys and Judge Houston on the bench.
Immediately after the grand jury had re-
tired K. Bradford, ESQ.,, opened the argu-
ment for the defense liz the Hinson arson
case and claimed that, as all the evidence
on the part of the State was purely circum-
stantlal, the jury must exercise consider
able discretion in being governed by It.
He represented the prisoner as a poor,
fdendless man, and so ignorant that his
| fears led him to go away the very night of
the fire, although he had Contemplated
doing so for weeks before it occurred. He
had no cause or motive to commit such
crime, and it had been shown by some of the
| witnesses that he entertained the most
friendly feelings towards the Messrs. East
burn. He made an able argument, and
when he closed was complimented by At
torney-General Gray for the very able man
ner 10 which he had conducted the case for
his client.
Mr.. Gray claimed that the evidence
showed that the prisoner had quarrel with
one of his employers, and was afterwards
| discharged. Shortly after his dismissal, he
was heard to say thSt John Eastburn had
cheated him, and he would get even with
the s. of a b.. This was q threat and
showed that the prisoner had malice in his
| breast.
The evidence, he admitted, was purely cir
cumstantial, but in cases of arson it was al
ways so, for the incendiary generally took
| care that no one ever saw him apply the
match. He secuted the idea that the pris-
| oner was unknown, and said from the evi-
dence of the witnesses it seemed that they
all knew him, and that some of them had
known him Tor long time.
just before Mr.. Gray closed, the grand
| jury came in, and after making returns on
several bills were discharged from further
| attendance. The Court said the jury must
take the evidence and weigh it for them
| selves, bearing In mind the fact that although
/ the evidence was circumstantial, that very
kind Of evidence was ofttimes stronger than
| any other. The jury retired about o'clock
i and did moi return until $50 o'clock, when
they came in with verdict of not guilty.
Mr.. Harrington presented an affidavit to
the court, asking that the witnesses for the
| defence In the case of the Lists, indicted for
| murder In the first degree should be paid by
| the State, but the court reserved its de-
cislon.
The trial of Charles Fl. Dennis charged
with assault and battery, was on motion of
his counsel, w. I. Lyman, Esq, postponed
until next term, and the prisoner released
/ on bail.
John Dennis and Emma Riley, colored,
were placed In the dock and the States At
torney said that they were willing to plead
guilty to charge of assault. They had
botn been arraigned at the morning session
and plead not guilty to charge OF assault
1 with intent to kill
The plea was allowed by the court, who
afterwards listened to the sworn statement
/ of the prosecutor, Alb aham Watson, an old
colored man, who said the prisoners had
came to his house and assaulted him with a
razor and an iron poker. 1000
AS soon as he concluded the court SEN
fenced each of the prisoners to pay the costs
Nsnff In kfrra Gv.1 ~
dergo an imprisonment of two years. When
they were placed in the dock the woman
was laughing, and seemed to think it very
funny, but her expression changed when
she heard the sentence.
The Attorney General said the State was
ready in the case Of Ward Groom, the
colored man who was indicted and plead
not guilty to a charge of breaking into the
house Of Elizabeth Ferguson, about4 o'clock
last Sunday morning.
Walter 8. Hayes, Esq, was deputized to
act for the State, and II. H. Ward, Esq,
was assigned by the Court for the defense.
Isaac T. Miller upon being sworn testified
to the fact of being awakened about
o'clock last Sunday morning, and to seeing
the prisoner in his bed room. He started
after him, when the fellow jumped out
back window on shed, then into the next
yard and out the back gate. The witness
chased him to Water'street near West, where
he lost sight of him. He picked up hat in
his house which he believed belonged to the
prisoner. i4srf
William Marques testified that he is a
police officer, and as soon as he heard of the
attempted robbery obtained description of
the man from Mr.. Miller, and finding that
it correspondei with that of Ward Groom,
arrested him at James Martins house on
Water street near West. When he went to
the house after him, Groom had no hat, and
the officer was obliged to borrow one from
Martin, for him to wear TO the Hall. He
identified the hat produced in court as the
one handed him on Sunday morning, as a
clue to the prisoner.
George Wilson, colored, testified that
Groome came home barehead about 5o'clock
last Sunday morning; the witness heard
him knocking. and got up and opened the
door. He thought the hat found in Mr..
Miller's house belonged to the prisoner,
but would not like to swear to it.
james Martin, colored, testified that
officer Marques came to his house on Sun
pay morning, and arrested Groome, and as
he had no hat he loaned him one.
This was the last witness called by the
State, and Mr.. Ward aske the Court to
quash the indictment as it was detective,
insomuch as it charged the prisoner with
entering the house of Elizabeth Ferguson,
when In reality it was the house of Isaac 7,
Miller chat had been broken into. After
hearing argument, the Court reserved the
decision until this morning, and ordered
Mi. Ward 90 proceed with the examination
| of his witnesses.
He only called one, colored man named
Daniel Simmons, who keeps cigar store on
Front, near Washington street, and he
| testified that the prisoner was in his house
until o'clock last Sunday morning but
could not tell how much longer, as he, the
witness, went to sleep at that time.
Mr.. Ward said that he would not call any
other witnesses, as he did not consider it
necessary. He was willing to admit great
| deal that the State claimed, but he would
not admit that Groome committed this act,
or that the hat produced in court was his.
He pictured in graphic manner the
effects of Front street whiskey, aud made
an application by saying that the jury them
selves all knew from --=-Ssrience what it was
without his telling them, but Immediately
corrected himself by explaining that he did
not mean from personal experience.
qe continued his eloquent argument until
| $50 O'Clock, when the court discharged the
| jury until 10 o'clock this morning, and ad-
| journed until the same hour.
| S-~--S-A-a->s
| The surviving members of the First Della