Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-10-02
TUN.



ADuie Petersen.
Special Correst o -ded' . Of Gazette and Journal.
BLKros, 5apt. " The case Of State
Va. Daniel Tucker, unlGrsd, charged with
the outrage and IN idrr OF hnnie Peter
son cams up ioi trial J S.efday afternoon
10 tnu ciivait uVuit. JnJ. " .oka and
Stump presiding TX S.ates Attorney
Charles G. Crothsrs sss SITS StAtes Attorney
Daniel Bratton In the prosecution.
William T. Wa burton and Albert Con-
stable, Esqs., appeared for the prisoner.
Considers ble Il. iiJulty was found in
securing Jury. The regular panel OF
"a was exhausted and only three found
suitable. Proceedings were delayed more
than once while the sheriff and deputy
secured the town for talesmen. Quite a
number were disqualified on accent Of
having formed or expressed an opinion,
come were excused for having oonsoi-
entious scruplss In regard to capital pun
ishment. The state avsiled itself Of but
two Of the four challenges which the law
allows II to make. The defense made 20
challenges, all they were entitled to; but
afterwards recalled several in order to
prevent still less acceptable persons Ito
them) going on the Jury. After securing
Jury the court took recess until 6 p. m.
States Attorney Bratton after the recess
made an opening statement reading the
law In regard to murder. In Maryland q
Jury in q criminal case are judges Of the
law as well as OF the evidence. a small
colored boy named Thomas, who is said
to be but 7 years of age, and looked no
older, was called as the first witness for
the prosecution. This boy, who was the
only witness Of the crime, was examined
by the court as 10 his competency as q
witness and found capable Of answering
all the questions which the law requires.
he spoke Of the prisoner as "Uncle
Dan" and said that they lived In a two
story house with only two rooms situated
near Csoilton. That the murdered girl,
Peterson, whom he called Carrie, had
been at the house one day, when the
crime WAS committed. On July I'd, In
the afternoon, Tucker called the girl up
stairs and, within sight Of the witness,
toroibly accomplished his purpose, using
revolver to intimidste the girl. Some
time afterwards the girl escaped from him
aud ran down stairs, Tucker following
her. They ran into the yard and witness
there saw Tucker shoot the girl and then
leave the premises.
Cross examination brought ont few
minor contradictions, but the boy told
generally straight story. The fact that
counsel for state had taken trouble TO
teach him religious truths in order TO
make him ct person to take an oath
was brought out also that his Uncle
Dan had clicked" him upon one occasion
and had beaten his mother (Tuoker's
Ha At ha taA
his Uncle Dan hung and that his mother
said she wanted him hung, as did also his
aunt. The court suggested that perhaps
the boy didn't know what was meant by
hanging. The question was put and
Thomas answered promptly "breaken
DER neoks."
Drs. Crawford and Wills testified that
the ball entered the girls forehead over
the lett eye trscturing the skull and pene-
trating the brain also that the previous
crime had certainly been committed.
They thought the girl to have been IL or
Ia years old,
Constable Benson and Thomas B. Jones,
Jr., said that they arrested Tucker the
evening Of tine murder In Kent county,
/ Nd, about miles from the place. They
took revolver from him, one chamber Of
| which was loaded; the others were empty
aud rusted as II they had mot been nsed
for some time, except one that looked as
II It had been discharged recently.
The State here rested Its case and
court adjourned until this morning. The
| defense have but few witnesses. Tucker
| is a tall, burly negro OF about 30 years OF
age, whose countenanoe has a dull,
british look. The court house at night
was crowded ard disagreeably warm.
ELKToN, Nd, Sept. 27.-Iu the Tucker
murder case this morning the prisoner
was put on the stand and testified that the
| shooting of the girl, Peterson, was aooi-
| dental, he being engaged In unloading his
revolver at the time. He admitted undue
familiarity with the girl, but denied that
| force was used. Several witnesses testi.
fed to the good character and ignorance
| of the prisoner. After two hours Of
argument the case was given to the jury
shortly after O'Clock.
In the case Of Daniel Tucker, charged
| With the murder Of Annie Peterson,
which was given to the jury at Ekton on
| Saturday afternoon, q verdict Of guilty Of
murder In the second degree was rem
dered Monday morning, . few minutes after
midnight. The prisoner was remanded
to the custody of the sheriff to await sen
tenoe.
ELKToN, Nd, Sept. 30.-In court yes
terday John Davidson, indicted for keep
ing disorderly house and for violation
Of the local option Law, was acquitted on
both charges.
Hugh MoCaul, charged with breaking
into q freight car with intent TO bur-
glarizs, WAS acquitted.
Daniel Tucker, oolored, who was con-
voted Of murder in the second degree,
was sentenced to confinement in the PEN
itentiary for IL years.