Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-12-13
THE LIST CASE.
ARGUnENT FOR A NEW TRIAL
HELD UNDER CONslDGRATlON
~ THE COUBT.

BY THE COUBT.
-
Court resumed Its session ut o'cloch
Tuesday afternoon with sll the judges
on the bench. 4. g. Rumford, ,Jr., Esq,
moved that an attachment held by
Charles Green against John Maloney,
whereby his wages and that of his mi
nor children are stepped In the hands OF
VIM. II. Luke, of the Augustine mills,
where they are employed, be- dissolved.
Mr.. Bradford said this was hard
case, az they could not get any money
and they needed 1t to live on. The
Court, however, decided not to interfere
at present, as they lad decided ct the
morning session that the judgment
should be opened, and the case tried by
jury.
The case OF Duncan Brothers VS..
James Aaron was resumed, and Henry
Duncan recalled. He was cross.
examined at length by Mr.. Nields, and
after few redirect questions by j. H.
Hotfecker, Jr., ESD, allowed 10 leave
the stand.
Richard Duncan was recalled, and
Identified several Of the accounts as
boing In his handwriting.
The Ch ief Justice said he thought 1t
would be we'll for business men In fur
nishng mater ials for buildings to keep
separate accounts Of the articles fur
nished for each building, and then if 1t
became necessary to take ont lien,
1t would save them great deal Of time
and trouble.
Mr.. Nislds made his argument to the
nd all
Hoiiscker then closed for the plaintiffs
and spoke until the adjournment Of
Go urt at q O'Clock.
THE EVENING sESsI ON.
There was quite large number of
spectators present when Court re-opened
shortly after o'clock Tuesday evening,
~ 1t had been announced that argument |
would bs heard on the motto II of Aus
tin Harrington, Esq. for a new trial In |
the case Of Lewis r. List, and an arrest
ofjudgment In the casa OF Lewis List
Mr.. Harrington made the opening ar
gument and said that he would argue
! on the motion for arrest OF judgment,
On the ground that the verdict was
illegal, unjust and void. He spoke of
the law az 1t originally was when all
killing was murder in the first degree,
and also referred to the time when il
was changed.
He contended that according to the
law both prisoners should have been
convicted In the same degr Q, or acquit-
ted, and as they were not, IL was fatal
TO the verdict which could not stand.
He cited the law which made the ac-
eomplice equally guilty with the prin-
+ cipa.
He cited from great number of
authorities In support of his position.
ana 10 show that a person who was
aiding and abetting in a murder was
equally guilty as If he had fired the
faCal shot or given the mortal b ow.
Under the common law, the principal
and acc Ssory could not be tried to-
gether; the principal must be con-
vcted first and the accomplice tried
afterwards. He said If the Attorney
General contended that this indictment ,
WAS under the common law, 1t could ,
not raise above misdemeanor.
He then reviewed the indictment,
aud said the first count charged one OF
the defendants with being guilty of ;
murder in the grst degree, and the other
With being guilty i'm the second degree.
After poi,.p ever each count h, said
Via, it was msnifs.tly An ipdjctmentl ,
under the statute. and not the common
lsw The Attorney g ieneral conld have n
;red these nrisoners \. naratslv hu, he
did no, do W hut tried than too.ther
with the sama evidence in regard tn +.
both, The jury could have rendered a a
verdict Of n, II rler n tha II rat h.uraa far ,
both or of second degree hnt unIer the =
Indictment il was a ridiculous vcr.
ln, W."
They convict these men of dit,eren,
crimes. when thew we're both Indicted
for the same offense, The imrv cnmld ,
hayr acnlitt.d one of the man and
found ,hr other uu;ltv of m.ns,augh. II
ter ar second dsorae hu, ,h.u nsn J
moi ,ind .a,h ou;Itn Of a Jia.r.n, A..
gree
If III. v.rd;ct 10 wro,, i, IN. .,ss of
cne il ia l.f.ct;va for netb and accord t
kpy IN ths hsst autbori,;.u r. ,bs nr;son 9
er s,ould he tried nver oo.;n h. cannot !
|ts tried for ,nv hiohar sr;,ns ~ ,han ae =
ouI Jaar..
He rra1 from the ch.rga of tho Chief
lju.,ire :" hnm ,h.t H., ;uru ,rars ~ :
k,mrted - that % " ''. nase w.. nf ,h.ir An 8nd;na
b,,h nro"m.r. ,,,;i,u tt,,,"s, ha ~ .hs
xun,. d,"va, 1,a IA 70 .ho ,"," hnI
rly.n a,t.u,i,n 70 ~ ,ha choroe In y,r ~ M ,ha
nrr, "'en'.u ,he, ,.,u., ~ .mo .n",so ~ 'no
kuch , va,din, az tbau r.nd.raI ,,.s M Z
popd or would st.nd Hs c,oSad hv r
Eti -, n,,hn.;,;.s T"" ." sho,, ,,nt &
(o,l nar,;a, ,nar., ;~a;n,sI for ~. sam. a
bf.nsa and ,hs so,na awidanoa 'uU ,ros ad '
duc.J IN ra.nao, ,ao t n,.h ,Hav ,oni5 " "n,
be fonnJ am;f,u PIs. ,S g. ,iTa,,.u, n.y. ysnrass ~ |
rims s'''' o' "' e'' a
The ,,,S. -, ,h.,. ., h.. .ss.d r,o v
he of ~ ,a .o ;mou n oni Ss 70 ~",v ;n th
lry row ~ '"H Id % fTr o nro.vo.;nm W ;u Tt;ss {
kr4a, ro" ros,o..;h;,;,n ,oT poiooSon ,. ".,,