Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-11-13

The court Of oyer and terminer recon-
vened yesterday fat 10 O'Clock, and
Lewis Johnson was at once brought into
court for sentence. The chief Justice, In
his sentence, said: "You have had a fair
trial, and 1t Is not clear that you are not
guilty OF murder In the first degree,
but the jury thought not,
aud the court has to abide by
it's deoisIcn. The sentence Of the court
is that Won forfeit and pay fine to the
state Of S5, 600 besides the costs Of prose-
cution. that you BIZ Imprisoned for the
term Of your life, That is you are to con-
slider yourself no longer q free man."
He WAS then committed 10 the custody OF
the sheriff. He showed no feeling what
ever during the announcement Of the
sentence.
AT 10 O'Clock Adolph KsttDer, charged
with the murder Of Patrick O'Brien and
this attempt to kill Samuel Patterson and
Edward Holman at SlIverbrook, was
placed IN the dock, and the drawing Of
Jury Was begun, The jurymen are Norris
W. Talley, Robert Hartman, colored, John
Peach, James FOIman, Robert G. Whit
took, Walter E Hart, Frank r. CArswsll,
Thomas Whiting, William Il. Lyman,
AhOLunb SOEAOt1 0 LhOAhh6 L. D1htOb
and Henry Il. George.
Mr.. Gray opened the case by stating
the facts Of 1t, and stated when q man is
killed who Is not the intended victim OF
the slayer, the oifense Is precisely the
same IS II the man who was intended to
have been killed was slain.
William B. Carswell was sworn, and
testified to tho plot made by himself Of
tho scsne Of the killing.
BdEard Holman, the first witness, on
being sworn, testified that about 9O'clock
on tue evening OF the 18th day Of June,
to get drink he went into the bar room
at Silysrbrook, supsrIntended by Ksttner.
Patrick 0'Brien, James Little and Samuel
Patterson wee in the room. 0'Brien was
standing on the left side Of the room
He called for beer and had
several drinks with the men in the room.
A oolored boy named William Caldwell
came in while they were drinking. The
witness hsd no words with Kestner that
evening, but in the afternoon he and
Patter on had dispute with the
prisoner, over the change out Of
q ~ note after deducting for
three drinks. Patterson said "Ned
he's cheated You ont OF OIL" and the wit
ness replied 81 guess not" He then
found the prisoner had withheld o., and
told him II he wanted 1t any worse than
he did he might have IT,
Ksttner then ''set Fem up" twice and
gave the witness % cents ano
shook hands with him. While drinking
in the evening, Patterson and Kettner
began talking again. He, Holman, was
standing at the end Of the bar, and Pat
terson midway Of the bar. Kettner
muttered something and ran back
to the corner Of the bar and
got . revolver. He cried "Sam,
look out, he's going to shoot you Pat
terson stopped down below the bar, and
Ki,tner pointed the pistol right over the
bar toward Patterson and fired. The
witness then ran out the door. He heard
one shot after leaving the room.
On CROSS examination, the witness said
he did not say In the presence OF one
Florence Hickey on the evening Of the
shooting "I'm going 10 Kettner's to get
lioked;" that he did mot 20 behind the bar,
and that he did not hear Patterson say to
Kettner g. d. you, I've q good notion
to burst this glass over your head"
Samuel Patterson testified he had no
words with Kettner to his recollection be-
fore the shooting. He heard three shots
while STOPPING behind the bar. After
the third shot, he ran ont the door.
Pending oioss'examinAtion by Mr.. Bird,
court .adjourned until O'Clock In the
J afternoon.