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


and went on towards Front
street; his wife went across the
lot TO the blacksmith shop, at Front aud
Searles streets, both came along Front
street, the woman ahead; he said, "Why |
don't you dance with me:" she said some
thing, and he replied, well, you danced
with other men," They went along Front
street and passed Petersons house; Peter
son was standing in the door in his shirt
sleeves; Davis, who was few steps down
the street, picked up something that
looked like an old shoe, but did not throw
II; he then drew revolver and snapped
1t once ut the woman, but it did not 90
OFF; Peterson then went in the house and |
came out Immediately afterwards with his
coat and hat on he went down the street
and Mrs. Davis tried to stop him, but he |
went on; he got close to Davis, when
near Broome street, and Davis turned, |
holding his hand down by his side saw |
Peterson step back q few feet; then Davis |
threw his arm out and shot; Peterson |
turned around towards his house, took |
five or six steps and then fell to the pave
ment; he rolled over once after he fell |
saw the pistol in Davis hand when he |
fired he held his arm out as he shot; |
chen went down and looked at the body,
and afterwards went with the crowd after |
Davis.
Cecil Willard, u step-son of the deceased |
officer, said that on the 9th of June,
while he was eating his supper, his step
father, who was at the front door, came
in and put on his hat and coat and went
out to the street; followed him and saw
him going down front street at Rodney
street he met woman who put her arms
against him and said, 'Don't arrest him
he is my husband I" he went on, how
ever, and both proceeded to Broome
street, where Davis was talking the
officer and Davis talked for some
time, and then l heard click, saw the
smoke, heard report and saw my father
| reel back and fall; Davis walked down
Front street, slowly, looking over his
shoulder, as if to see what effect his shot
had taken j. Alfred Collins got OF
street COR and approached him, and he
pointed pistol at him 1 followed Davis
i down the street, and when he saw me
| coming he turned around and said, 'tYou
-, I'll give you one too !" then he shot
| at me, and went across the street. The
/ witness then described the pursuit which
ended in Davis arrest.
At / o'clock court took recess until 8
p. m.
The trial of Lewis q. Davis for the
murder of Policeman Andrew L. Peterson
was resumed when court reassenbled at 3
o'clock in the afternoon. The audi
ence present numbered fully 1000 per-
sons. Hearing of evidence on the part of
the State was at once resumed.
Mrs. Mary Colt, sworn-I first saw
Lewis E. Davis on the 9th of last June
on Front street, near Broome; saw
Officer Peterson coming along the street,
with lady hanging on to his arm; she
was CRYING; Peterson left her and APP.
preached Davis; he talked with Davis a
minute or two, and then saw Davis fire
pistol ut Peterson; Davis was very close
to Peterson when he fired; was too far
away to hear what conversation the two
men had, but saw the smoke, heard the
report, and saw Peterson fall then
saw Davis running down the street, and
the crowd pursuing him.
William Stinson, sworn-On the 9th
, of June last was returning from market
to my home ut Pleasant Hill, Mill Greek
hundred saw Lewis Davis at Front and
Broome, walking slowly further up the
street saw an officer and lady coming
along the street Davis stopped, and the
other two came up 10 him; was nearly
/ opposite them, driving very slowly; Off.
Ger Peterson said to Davis, "You must be
| quiet and go home;n did not hear Davis
J reply TO this; as he spoke Peter.
son slightly raised his right hand
. | in q moment afterwards, Davis raised
5 | mis- revolver and fired; he had the
. | revolver in his right hand; as he raised
. | his pistol the officer took one step back
t | when he was shot he clasped his hands
' over the wound, looked up pitifully a
/ Davis and then fell; Davis looked around
j, and said, 'tI've put the light out of on,
a -, and I'll put it out of another;"
q thought he meant me, and did not stop
j. Alfred Collins, affirmed-0n TIL
8 9th of June / was going out From
f street, and saw Davis coming acros
:, Front street, between Franklin an,
e Broome; my attention was attracted b.
e the exclamation of woman l jumped
e off street car, on which l was riding a
k the time, and went over towards him, bu
when approached him he drew his pis
il toll and said, "pve shot him and pll shoe
you, if you try to stop e:" l retroate
y to the other side of the street, and b
t. fred the pistol he then went down tn
II street.
Hewson e. Lannan, sworn-On th
d 9th of June, noticed crowd of me
d outside my gate heard that Davis wa
h in nv ward, and looked for him; l foun
rs him in yard three doors above m
h. house went in the gate and saw him
t. the angle between the fence and IL
TX house, sitting down; he had his hat
his left hand; told him to get up an
ne come along, and was about to lift him
O., his feet, when he turned and fired at me
of when he shot / struck him on the head wit
he q piece of brick had in my hand; BE
to nard Nugent and Frank Greene the
II. came in, and turned Davis over to- her
The State here rested its case.
en- Mr.. Bird, for the defence, then a
n dressed the jury. He said he was
20 there to deny that the police oihcer W
10 killed, or that the prisoner at the bar W
n the cause of the death. Even were q
I'm defence so inclined, the proof offered
lei the State was too overwhelming on IL
ar point to admit of doubt.
al, Mr.. Bird then outlined the defence th
DO would be offered, by saying that the qu'
nd tion must naturally arise in the minds
the Jury, what was the motive for
re- act-what induced the prisoner to co
at nit the crime The answer is, that
ey- mind was in such condition that he q
He not know what he had done. His mir
ing from the wild state of drunkenness
led had INDUCED in, was in such conditi
He that he did not know what he was doh
led Arthur Emerson was called, and 81
his he had known Davis eight or nine yea
} in and worked with him at the Diamo
the State rolling mill. The employees hat
I'M, picnic on June 9th, which Davis
AK tended.
Tho witness was asked in regard
ed, Davis condition at the picnic, and
get, Biggs objected. He said it was laid do
Iere by the court in the case of State
and Thomns, that even if q man is in
ing drunken frenzy, it is no excuse for crii
at unless he be suffering from delirium
,nic mems, He objected to the evidence as
ook releyent and improper.
nee. The court held that the evidence
saw sired by Mr.. Bird could only be alloN
for for the purpose of tending to reduce
ter crime of the prisoner from murder of
line first to murder of the second deg
leyt' With this understanding it was admit
hey Mr.. Emerson then resumed his tt
3; l mony, and said that Davis got very DIR
and AZ the picnic. He saw him take eigh
the ten drinks of beer between 2 an
and o'clock. Davis was too drunk to
'foss straight.
3 up Patrick Crumlish saw Davis abol
the o'clock that afternoon, and he was
with drunk; he was down under the dan
she pavilion, and some one said Davis
k; l shot his finger; witness went down
mes, saw handkerchief around his thu
cried full of blood, he advised him to g