Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-12-04

thnh htu bCou lOE nduy y08L6 DtUy0u
by the Diamond State Iron Company,
had been 1t his work until after day
light.
He afterwards dressed himself and
with his wife went out TO q brewery,
In the western part of the
city, where the employees Of the place
where he worked were holding pic.
mic. While there he had some difficulty |
with his wife, and drank to excess, and |
when ut last his wife had persuaded |
him to start for home, this unfortunate |
affair took place.
He said 1t would be for the Jury, |
after hearing all the evidence and the
charge OF the Court, to determ Inc |
whether tho prisoner was guilty as in
manner and form indicted, or whether
he was guilty of lower grade OF homi-
eide, or whether, taking into considera.
tion the condition Of his mind ct the
time, he Was guilty of any crime at all.
He then proceeded to examine witt
neases for the defense.
Arthur Emerson was sworn and testi-
fed that he has known Davis for eight
or nine years, and worked with him
part of that time. On Saturday, June
9th, the employees of the Diamond
State Iron Works gave a pic'nic 1t
Icommenced about o'clock in the after
noon and the witness was there he saw
Davis and his wife.
Mr.. Bird asked the witness what
was the condition OF the prisoner?
for the purpose of showing that he was
so drunk that he did not know what
he was doing, when Mr.. Biggs objected,
and discussion ensued which con.
tiuued for some time. Mr.. Biggs ar.
gued that ven II 1t WAS shown that
the prisoner was In state of frenzy
from drink, 1t could not be taken as
any palliation of the crime, and there
fore should not be admitted as evidence,
and cited the charge In the Thomas
homicide case In support of his position.
Mr.. Bird contended that he had o
right to show the condition OF the
Iprisoner's mind that day, and also what
can sed him to be In that condition. He
said that he did not claim that drunk.
enness was an excuse for crime, neither
did he claim that the prisoner was
suffering from delirium tremens. He
cited authorities TO show that in o
similar case before Chief Justics
Gilpin, the jury had been charged that
where they were convinced that q
murder had been committed through
drunkenness, 1t would reduce the crime
from murder of the first, to murder
of the second degree.
The court decided to admit the evi.
dence, and Emerson resumed his testi-
. mony He said that he saw Davis
drink as many as eight or ten drinks OF
beer that afternoon, between and
o clock. When he left the ground he
was staggering from side to side.
nn ornaa "a ttnv, hv Nv RIDua
he said that Davis had drank the beer
pretty close together. When he left the
place he did not have any one to sup
port him. 5.-
Sarah Z. Gieverson testified that she
+ resides in this city, and with her soI
WAS at the pic mic last June at Speech
& Spahn's, given by the employees o
= OF the Diamond State Company. Sh,
! saw Davis when he left the grount
= with his wife, and he was very drunl
! and reeled from one side Of the road +
the other.
III James Giererspu was sworn, and tas
. tiled that he was at the picnic june 27t
i and saw Davis there between 4 and
: o'clock In the afternoon he seemed t
/ be under the influence of liquor, ant
I had all he could do to stand alone.
On cross examination he said tha
a when he saw him he was going towar
], the dancing pavilion, and could scarce
- ly get along.
. Patrick Crumlish testified that he
a employed at the rolling mill, and wa
at the picnic. He saw Davis ther
Il about $50 o'clock and again about
Io'clock. When he saw him the la!
, ltime he was drunk at the time, pavi
= was Down under the dancing pavillo,
- and some one came and told him this
3 Lew Davis had shot his finger. Il
4 went TO the place and found Davis wit
v o handkerchief around his hand, tina
4 was saturated with blood. Davis wi
n was with him and coaxed him to .
:, home when he started he had all
"a could do to keep on his feet.
N Robert Kersup testified that he wori
at the rolling mill and was at the pi
a. mic he saw Davis about quarter aft
a, one going up to the bar +; he saw hi
- again in about an hour and half, an
!, Z he looked queer. He saw him abot
~ t4.15 o'clock, after he had shot h
- thumb, and he was very pale. Abo'
"a A. 30 O'Clock he saw him at the b'
- drinking with Emerson and son
a others. About 5 o'clock Davis left Il
" ground with his wife, and he was yer
10 drunk he could hardly walk.
is Hallett s. Ray testified that he worl
al at the rolling mill and has known Day
"a for IL years. He was at the picnic an
,k saw Davis there, and saw him driI
a several times, probably eight or u
"a times. He drank beer every time;wh,
at the witness saw him between 4.30 al
- 8 O'Clock he was drunk.
- Robert Wallace testified that la
june he was employed at the Diamol
-, State rolling mill, and knows Davis
-. worked with him at that time. He sf
az Davis at the picnic and had sever
drinks with him ; he thought abe
=, eight or ten 1t was the wOrat beer {
witness ever saw, aud was more ii
- whlsgey IL iaid him out, a.
rs made him sick. He saw Davis about
m or 80 o'clock he wss just coming o
~. lot rho bar.room and WAS very oruI
~ Hallett 3. Ray testiti I'd that he wor
=, lat the rolling miil aud has known DIS
~ ~ 10 for l2 yesrs. He was at the picI
, and raw Davis there and raw h
drink several tim,s. He dral
beer every tisDs when the witness 81
,as hm bet y eeI 4.3O and O'Clock, he "
,d: drnnk.
Ienl On crcss-examination he said II
, al when Davis lett the ground be v
he asleep, and dida't sea him he la
,ut ldown about As o'clock. When
urt|la saw Davis no " as staggering.
,eut Lewis G,eveTson testified that
lie. rssidss In th is city, and with his W
ay and son was at the pic nic. He kno
seet Davis aud saw him there ; he saw h'
,nt about 8 o'ciocA aud considered hiu
bs drunkon man, and very wild one;
"a isee,f,ed excited and mad. As be !
Iud The Park aud went down the road
sed staggered from ons side to another.
tIa Theodore B,aeh testified that
,at knows Dayis, mud has known him
..,a tap rr tWAtVa yaaia, He Was at