Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-12-10

s0mtWrtAt--A Ver0tCu OF Guilty.
Court reassembled yesterday after.
noon week with the Becker jury still
out. The civil care of Curtis Tallpy, de.
PENDANT below, appellant, vs.. Martin Hen
drick, plaintiff below, respondent, was
called, and jury drawn. Lore 4 Elm.
mons for defendant below, and Harry
sharpley, ESD, for plaintiff below. This
is a case involving the sale of hog, and
was appealed from justice of the peace,
whose Judgment was in favor of the re-
spondent, Hendrick.
Martin Hendrick was called, and testi-
fed that in May, 1888, he sold hog
weighing about 800 pounds TO Curtis Tai.
ley, at 10 cents per pound. On the eth Of
that month Mr.. Talley sent him word to kill
the hog, which he did, and took il TO Mr.
Talley's house. Talley was not at home
but his son was, and TO him the hog was
delivered. Talley, however, had never
paid for the hog. On cross-examination
the witness said Talley had not bought
the hog on commission, but had pur-
chased it outright. The witness also
testified at length TO the condition of the
hog when it was killed, that being the
point in dispute, its meat having soon
spoiled.
The respondent here rested, and MIR.
Emmons, for the appellant, said the hog
was not purchased but simply taken to
sell ON commission, and that the trans.
action was vitiated by the unfit condition
of the meat. Then Curtis Talley took
the stand and testified to this effect. He
also said that when he told IIendrick
about the condition of the meat Hen
drick said he conld eat it, and his ''old
woman" could sell the lard in the Will
mington street market.
Lewis III. Talley, son Of the pre-
vious witness, and James Stewart,
meat dealers, William s. Burke Of
Chester, Pa, gave testimony in re-
lation to the conditions under which
Talley agreed to sell the hog, and its con-
dition when ready for sale.
Alexander J.. Hart was called and testi-
fed that hog in the condition the testi-
mony alleged Hendricks hog TO be when
killed is not At for killing. Similar testi-
mony was given by Charles Mammele and
James Forbes.
Evidence in rebuttal was given to show
that the hog was in good condition when
killed. The case occupied the time of
the court up to the evening adjournment,
and frequently occasioned much inerri-
ment by the funny aspect Of the various
controversies. The amount involved is
1886, but the costs will run up into the
hundreds The witnesses included Repre-
sentative Henry M. Barlow, William
Wilson, Thomas Husbands and number
of other Unknown farmers of Brandy
wine hundred. II was argued at consid-
cradle length with much energy by
Messrs. Sharpley and Emmons, the court
sitting continuously until its conclusion,
in order to have it out of the way of the
capital cases on Thursday. 1t was 7.3t
O'Clock when the jury retired for deliber-
alton.
At 8.15 o'clock the jury returned with Q
verdict for the respondent, Hendricks, fol
$3.50 and costs.
AT 3.18 o'clocl stir in the court rooir
announced the arrival of the Becker jury
and the pending case was suspended, il
order to receive the verdict. The counse
were hastily summoned, and Sheriff Ford
brought the prisoner from the cells ant
placed him in the dock. Becker's fac
wore the hopeful expression it has born
ever since the beginning of his ordeal
while the countenances of his legal de
Tenders, Messrs. Bird and Sanborn, showed
the deep anxiety they evidently felt. The
face of each juryman was stolidly expires
sionless, and the nature of the yerdic
was not even indicated therein. Arount
the court room, however, the prevailing
opinion was that the verdict would b
granddaughter.
Clerk Cochran called the roll of til
Jury, and Foreman Thomas I. Bank
arose to reply to the usual interrogatory
s,Not guilty in manner and form as b
stands indicted" he responded, "bu
guilty of manslaughter." Becker's jay
dropped suddenly, and look of paine
amazelnent swept over his face. His wife
who sat beside the upper door, drew
mourning bordered handkerchief fror
her pocket and wept piteously.
At Mr.. Birds request the jury wa
polled, and each member when asked
that was his verdict, responded prompt,
at ISL Becker was remanded to th
custody of the sheriff, and was once MOI
escorted by two tipstayes to his cell III
Jury was discharged until 10 o'cloc
Thursday morning.
At 8. Is o'clock, court adjourned unit
10 o'clock Thursday morning.
Court opened at 10 o'clock Thursda
morning, with the usual large crowd in q
tendance. Lewis E. Davis, indicted Il
the murder of Policeman Andrew
Peterson, was brought into conrt al
placed in the prisoners dock, al
Arrangements made for proceeding Wi
his trial. The list of witnesses W
called, and the State asked for m attac
ment for William Stinson, one of tho WI
nesses, who failed to respond. The wo
of drawing the jury was then begun.
In all. only "a names were called. IL
defence challenged five and the State tw
and five were excused. In the case
the first five jurymen accepted, 7
defence waived the usual question as
the formation and expression of opinlc
The jury is as follows:
David Woolman, Wilmington Steph
Downey, Wilmington Obadiah y. VI
cent, Christiana John L. Alfrey, Apl
auinimink Benjamin N. West, ApI
quinimink Myles Clark, Red Lao
Thomas L. Truss, New Castle 30
Townsend, Appoquinimink sam
Peachey, Appoquinimink Samuel U
nenter. ST. Georges Robert Mother
White CLAY Creek, Daniel Delaney, APP
quinimink; Messrs. West, CLARK, Townse
and Peachey were on the Becker jury.
The drawing of the jury and other
liminary formalities were completed
1880 o'clock, when Deputy Attorn
General Biges opened for the State.
first read the law of the State prescrib
fine punishment for murder, and descril
the different grades of the crime.
said that where o peace officer ID XII
by man, while in the discharge of
duty, the law presumes that 1t Is don't
malice. He then detailed the facts OF
case, as the State expected to prove tn
and closed at 10 o'clock, when the
ing of testimony began. :,
Frank r.. Carswell, architect, was cal
and exhibited plot of West Front str
from Scott street to Van Buren,. WI
Davis was arrested after the shooting,
extending up to Fifth street, incluc
Specht & Spahns summer garden,
Fifth and DUPONT streets, where the pi
was held on the day the shooting
place. The plot was offered in eVlde
William Dale, colored, sworn-l
Lewis e. Davis on the 9th of June
the first time / knew Andrew Il, II
son; first saw Davis on what is the
of Second between Searles and Rod
woman was with him at the time;
ia were fussing and pulling and hnulinI
walked across towards Front street,
as 1 approached them he went out to
street baek of Mr.. Peterson's house,
she went to Searles street; he came az
and got ahead of her; when he cam
heard him say, ''you danced with al
other men and would not dance
me;n he then drew revolver, and
t threw her hands up and ran bac
heard him snap the revolver three II
and saw him point it at her; she