Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-12-03

| There were IS challenges by the defence,
three by the State, and five were excused.
The drawing of the fury was finished
At 10. Is O'Clock, after which Clerk Cochran
read to the ~ men selected totry Beoker's
fate, the indictment detailing the crime
| with which be Is charged.
Deputy Attorney General Biggs then
opened for the state, with bret resnnie
| Of the case. He defined the various
\ grades Of homicide UNSUITABLE, exc1isable
and felonious-a and cited instances OF
what each grade comprised, aud also de-
fined the different grades of felonious
4 homicide or murder. He closed with a
brief recital of the facts as the State ex-
pected to prove tholn, which illuminated
| in the fatal shooting of Horace l.. McGin-
| mis-, by Theodore Il. Becker, the prisoner
at the bar, on the night of the 23d Of Au-
\ gust last.
Frank r. Carswell, architect, was first
! sworn, and displayed II plot of the
Schuetzen Park property, whore Tho
shooting took place, which he had pre-
pared 1T the request Of TIE s'ntes attorney;
| he said the scale was onchiSteenth of an
| inch TO the foot; two maple trees were
pointed out by blr, Bird, which he said
\ were IA and IL inches in diameter. The
plot was not objected TO by the defense,
| and was placed in evidence.
Court then, at 1910 O'Clock, adjourned
until 8 o'clock p. IN. The jury was con-
4 Quoted to the jury room, and the court
| instructed the bailiff to furnish the men,
bers with everything necessary to eat and
drink, excepting intoxicating liquors.
The jury filed into their seats, the
prisoner was placed il. the dock, and at 8
o'clock court opened, and the trial of
Theodore f. Becker, charged with the
murder of Horace l.. MeGinnis WIS re-
| sumed.
William M. Walker, sworn-I reside at
| No. 1114 Union street, this city; / work
| on the b. Il p. railroad; on the evening
| of the 22d of August l was at the Schuet-
zen Park; stopped work about o'clock,
went home, washed and dressed, and left
home about us O'Clock; met McGinnis
| at the park; we stayed there awhile and
went to the Columbia Inn; returned and
stayed at the park till abont TO-. Is and
then left, going us fur ms the Columbia
Inn; then left and stopped at an Italian
house, on Fourth and Union streets,
where we drank some beer; afterwards we
started back to the park again; as we
were going in the gate Becker cried out
\ to us, "Hello, where are you going;"
spoke to him and he said, "0h, all right;n
we asked him if the bar was open, and he
| said il was not; McGinnis then asked if
he would give him half-pint; he said he
would not, and McGinnis asked why he
had light in there (meaning the bar
room) Becker replied that the light was
SO the dogs could see to run around the
| room he refused again to give us the
| liquor and we told him to keep his id
| whisky, as we would not drink it, any
| how, as it was rotten; he replied we
| would not drink it because we could not
| get it we then told him to keep his
whisky and went out of the quite; stood
| there little while, 5 or 10 minutes, then
| went in again, and went down along the
sheds, stopping at the one which had hay
in it, TO see if any one came out of the
bar room; we were there but
a short time when McGinnis looked
around the shed and said, "Here comes
| Becker with double barreled gun 4"
| McGinnis started to run out towards
| Becker, and l went in the shed, telling
| McGinnis not to run that way or Becker
| might shoot heard McGinnis say, "Oh,
| Mr.. Becker, don't shoot, for Guds sake,
don't shoot !" then l heard the report OF
the gun, and Immediately after hear
Becker say, "Where's the other one;" /
| begged him not to shoot; he sid h,
would not, and asked me my 1ld.ne, an,
when l told him, he ordered me % CONF
out, which did /; said 1 would like to
take my young friend with me,
and we walked up to where
l Mn(HtnrIu ha nv,
| his face; L turned him over and
said, .tOh, Mr.. Becker, you've shot him
and killed him !" Becker said he had no
throw stones at him; he then said "I've
done enough" and walked away, taking
| the gun with him +; went out and raped
at the door of house occupied by man
named Mahoney, near by, and told him
Becker came up, and L told him ii
''was bad job he'd done !" he replied,
"It's just as bad for you;" then went
home after my father, after which re-
turned to the park and stayed there until
the policemen came, and they took me to
the hall; the entire occurrences hap
pened on Sunday morning, August 23d,
between / and 2 o'clock Becker, the
prisoner at the bar, did the shooting; ]
did not see him when he was shooting
McGinnis breathed twice after went to
him, but did not speak (the plot was
then shown the witness, and he repeated
the story of the shooting, pointing out
the place where McGinnis was shot)
could see wound in McGinnis' head, as
looked ut him; it seemed large enough
to put your hand in it was a cloudy
night but man could be seen at dis
lance of Is or 20 yards.
Cross examined home is about
four squares from the park 1 went alone
and reached there about 7.30 o'clock
there was picnic there, given by the
Violet Club; first met McGinnis ut the
park: we went to the Columbia Inn anf
took drink; we went to the Inn agair
when we left the park the second time
about 1911 or 1890 o'clock and after
wards to the italian house at Fourth anG
Union il was o'clock when we went t.
the park the last time; McGinnis aud
were alone; there is q fence around thu
park about eight feet high; Becker wal
on the floor when we asked for the whisky
McGinnis pulled some money on
of his pocket to pay for the liquor, bu
Becker said he would not sell it ms il wal
too late we said to him, swell max,
it all right with you," making
the remark first and McGin
mis- next; we did not swear whel
we made this remark, and meant nothing
by it; we did not threaten to burn hi
buildings we heard no voices in the bar
room, and saw nobody about the premises
but Becker; we waited around ia hope o
getting the half pint of whisky; Their
was hay in the shed where we stopped
the shed is about 100 yards from the doc
of the house; did not see Becker unit
after the shot was fired, he was about fiv
Yards distant from me at the time
Becker said we had no business Jumping
over his fence and throwing stones a
him; we did not throw any stones o
Becker or the house; l did not sc
McGinnis have any stones, and there wa
no talk about throwing stones q
, Mahoney's house, when Becker said h
, was going to give himself up, Malone
, refused to go with him; McGinnis and
+ were under the influence of liquor feelin
q pretty good. but think can remembe
oil that was done that night.
a Frank p. Elkinton, sworn-I bonrde
. with Mr.. Becker on the 22d of lnt
August; was asleep when the shootin
a occurred the first thing 1 knew VIZ
! hearing Mr.. Becker come up stairs an
tell his wife he had shetland killed mar
;. Becker then went away, and got NJ
q dressed, and went down stairs to hunt ft
q the body; Mr.. Mahoney and Henry STANCE
were with me; while we were lookin
4 for the body William Walker and h
o father came, and the former directed I
3 where to find the body; then hitche
= up team, drove in town and notified I'll
!, coroner: afterwards, at the request