Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-09-27
THE COUNTY COUNTS.
James Scott, the Driver, Acquitted
OF Assault with Intent to Kill-

vS jAineB LbWlsi CnarRbu WIN assault
and battery with attempt to murdeI
Amos C. Brinton, was continued. Pete
Springer was called but said he knew
nothing of the assault. The prosecution
then rested its case.
Mr.. Bacon asked the Court TO instruct
ths jury to soquit the prisoner hooaust
no time or place had been proved. The
Court said that tins and place had
been submitted by the complaint in testi
mony aud Mr. Bacon opsned for tn.
defense.
Charles II. Gallagher testified that h,
has known the prisoner for Is years; that
he worked for him in tho latter part Of
rs and the early part OF '76 ; the pris.
omar was always an honest uprigh, man
Daniel p. Hamilton, Isaac Jsiferis, james
Cooper, Edward Woodwari, Lewis R,
Armstrong, $. q. Simmons, John W.
Harkins, testified as TO Lewis' good
character.
The defense then rested.
MIR. Bacon tor the defense said that
there we're two facts on which he could
ask Tor an acquittal, first that the alleg, d
attempt a. murder took place eight years
ago; second, that the man who assaulted
Mr.. Burtol when asked his name, ssid,
"My name is jim Lewis, 'and that never
in the world wal thief known TO give
hs right nsme
Ar, Davis, for the prissontlon, re-
viewed the evidence at some length.
The Court, in its charge, said that II
the jnry thought that there was no In.
tent 20 kill obey could convict the
prisoner merely of assault. The Jury
went out ehoftly after s O'Clock.
The grand jury came into oOurt at A SIS
and after reporting on plumber Of bills
WAS dis hnrged until Thursday morning.
Il q. Bradford, Jr,, Esq read the
affidavit of J Elwood Black, late of
Philadelphia, tGting that he was taken
into custody OH August 30,h by
James Martin, On a writ OF asaumpit
issued at the instance OF BENZ amin Seeds,
and that since then he hss been deprived
of his liberty, and prays that writ Of
habeas corpuA be issued. The writ W as
granted aud mada returnable OF Saturd ay
n5Xt.
The Lists were brought into court st
80 O'Clock, looking pale aud detected.
They oould not be arraigned, however,
because of the lack Of quorum, Judge
Wales being absent. They were taken
back At 8 45.
At Is O'Clock the court took recess
until 7.l5.
EVENING SESSION.
Court reasseinbled at 7.15 and tb > iury
in the James Lewis case came in with
verdict of guilty OF assault
Lewis List aud his son Lewis +. List,
indicted for the murder Of George Taylor
on the sth instant, were then brought
again into court, arraigned ant pleaded
not guilty.
Being asked by the Chief Justice If
they had employed counsel, the elder
List said that he had spoken to Levi C.
Bird, Esq., aud expected that he would
assist him.
Mr.. Bird, who was present, informed
the Court that List had sent for him and
requested him to take charge of tho Case,
but there were certain matters In oopnec-
tion with the same which had caused him
to decline to do so.
The Court thereupon assigned Austin
Harrington aud Harry Sharpley, Bsqs., as
counsel for tine prieOuers, and the latter
we're remaudsd.
Henry Harrington, who killed the
mate, Thomas Fishor, OF the ship Adam
NJ. Simpson, on Msy 81 lest, was thon
brought in and arraiGnod. Tho ship WAS
lying oil Dsepwater Point, In the Della
ware river, at tho tino. A quarrel
occurred bntween FssriGcti lad the
mate, III the course of whiOh the latter
was Knocked overheard and drowned.
Marshal McAlullen, OF being notified,
boarded tug with intent to arrest Far
riugtou, but was anticipated q few
minutes by the tug OF the Philadelphia
marshal, who arrested harrington end
took him to that city. He was subse-
quently delivered to the Della are
authorities ..
harrington plead not guilty tc .ha IN
dietment, which was Tor ar''sug htar
and contained three ditTerentf 0ounta.
Levi c Bird, Esq aup,Gra1 f., his
COUNSEL AVID, TO Iho question Of tha C0ust
III be- was ready 20 go so trial-raplied
''f'n- orlnIs with wl'ch my client IL
charged occurred upon The Delaware
river on an outgoing vessel, bound for
China, and sill hsr cre5, save tgo wl.0
were held rs witnesses, ars out on their
voyage. l. viii l,- over 8 year lsiorn
these witieaae3 r'turu Th5y have gone
To Hong EouE aud til" prisoner tells niu
It IL q l4IlOu'hs trip thrta and back
al first thought Of waiting until tho IL
turn Of that vessel, 50 that could Ree
these witnesses, but, as your IlonOra
have observed, he is only indicted for
mansIaughter and, by the Lin.e we
could get these witnusses, over a
year would have passed away. have
cnncludsl therefore to go to trial viz
tual!y without testimony, aud 10 rsly
upon such state Of fscts IS the Ste5e
may set up. | suppose, therefore, that
we shall ba ready aG almost any monie mt
would like only to have isy nr so TO
look into any questions which may sriss,
Id the indictment WAS only tound to-day -
The Court suggested that the Attorney
GeherAl and Mr.. Bird consult together
and name the day upon which they might
sgres
Court then adjorrnei.
The supsrio! Court, Court Of Oyer and
Terminer, peace and jail delivery,
convened at 10 Thursday morning with
Chief Justice Comegys, and Judges
WOOttan, Houston and Wales on the
bench.
After the formal opening of the court
B.uj .min @ielda, E,q counsel for the
Water Department. of this city, said that
the shnrtuss5 Of the Motive upon him to
answer the rule granted to Isns' ius G.
Grubh, Esq, in relation to the petition OF
his Water Commission, and his impossi.
biiitJ To collect authOrIlios, 10, in such
time, rendered il necessary that the time
to anawer be extended ; he was desiroua
OF trying the case st this term of court
aud did rot intend to delay unnecessarily
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