The daily gazette., 1883-09-20
THE LISTS ARRAIGNED,
FATHER AND SON PLEAD "NoT
GUILTY" fi
ASSIGNED BY THE COURT
Yesterdays Proceedings in Quarter ses.
saOns and Oyer and Termlner-.The Ear-
rington Murder Case

Court reassembled yesterday afternoon at
o'clock, with Chief Justice Comegys and
Associate Justice Wootten on the bench.
The case Of State VS.. James Lewis was
resumed.
Peter Springer was sworn and testified to
the arrest of Lewis.
Mr.. Bacon opened for the defense IN a
short address and called Charles r..
Gallagher, who, being sworn, testified to the
good character of the prisoner. A number
of other witnesses testified to the came
effect.
William W. Pritchett contradicted the
testimony Of BrfDton as to him coming In
Justice Bertolette's Office and Pritchett say
ing that $3.50 would get the man.
Mr.. Davis made an argument short and
to the point and he was followed by Mr..
Bacon who made an able argument Of over
an hours length. He commented on the
main testimony By Amos Brinton very
severely, and asked the jury t. threw It
out. He spoke Of the witness having re-
peated the testimony word for word from a
written paper. He closed by testimonial
Of the good character of the prisoner.
The gentleman's argument was an excep-
tionally fine one and one of the best made
by young man for some time at this bar.
Mr.. Davis closed for the State and again
reviewed Mr.. Brinton's testimony and de.
claring chat as 1t had not been contradicted
in any material point, the jury had no other
alternative but to accept it. Mr.. Davis said
he would expect nothing but O verdict of
guilty as indicted. Mr.. Davis' argument
was short, logical and to the point. L.,
E. G. Bradford, Jr., Esq, read the afida-
Wit of Ellwood Black, a citizen of Penn
sylvania, stating that on the third day OF
last August, while he was in this city on
business, he was arrested on q cdpias issued
by Benjamin Seeds. who held some checks
made by the petitioner which he was and is
unable to pay; that since that time he has
been held In the custody of the Sheriff and
deprived OF his liberty. He therefore prayed
that writ of hG6eas corpus should be
granted, commanding the Sheriff TO bring
him before this court and show by what
right he deprives the petitioner of his lib
erty. The writ was granted and made re-
turnable on Saturday.
The Lists were brought into court few
minutes after five but were not arraigned on
account OF there not being full bench Of
the court of Oyer and Terminer. The court
at 6.15 adjourned until us p. m. 4e
Upon the reassembling of the court,
Chief Justice Comegys and Associate u.s.
tices Wootten, Wales and Houston on the
bench. The jury In the Lewis case entered
with verdict of guilty of an assault.
The Lists were then arraigned. The pris-
oners both looked well, bu, were rather
pale, and were well-drcssed in neat-htting
black suits. During the reading at the in
dictment by Clerk Osborne they both stood
steady through it without movement, and
at It's conclusion the younger man said,
"Not guilty." in low voice, while the old
man spoke out firmly. The Indictment
charges them both with murder in the first
degree-Lewis F. List as principal ana Lewis
List as accessory.
Chief Justice Comegys asked the prisoners
whether they were able to employ counsel,
and on their replying in the negative, he as
signed Austin Harrington and Harry Sharp
ley, Esqs., to their defense.
Henry Harrington was then arralgned on
a charge of manslaughter. The indictment
charges him with the staying of Thomas
Fisher in the Delaware River, above VIII
mington, on May 8, last. The prisoner
plead not guilty.
Levi c. Bird, Esq, counsel for the pris-
oner, said that the main witnesses in the
case were on Ia months voyage and would
not return inside of year. He had come
to the conclusion at one time to ask for a
postponement, but he was now willing to 90
to trial with what testimony the State would
offer
The court then adjourned until this morn
ing at 10 o'clock