Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-02-12

negroes, replied what ave you got TO
do with it," TO k the pistol from Reason
and snapped 1t ct Stewart t@ica. The
negroes then started down Taylor street
with Stewart after them. The witness
looked down Taylor street aud saw what
he thought regular mob fight going on.
| William u. Norton testified to seeing .
crowd a. Taylor and Buttonwood streets.
He ran to the scene, and saw Bite art run
Archie into house. In the meanwhile
some young fellows surrounded old man
Archie, who backed until he reached
Decatur street. Somebody hit him there
and knocked him down. Stewart In the
mesuvhile had Joined tho crowd. George
Graham, who was In the crowd, picked
up bliok and threw 1t at 10 young fellow,
who lodged 1t. Another man picked
up brick and also threw 1t
at the same fellow, who then ran from
the scene. Young Archie at this point
ran out into the street with an axe, and
made strike At Stewart. Archie then
ran TO the alley from which he emerged,
and as he was about to renew his attack
on Stewart he sud- emily lodged his head
out OF the way OF q brick which struck
Emma Murray in the forsnead, who was
| standing near by, knocking her down.
10 the best Of the witness knowledge the
bat came from an opposite direction from
where Stewart was standing.
Mary Potter testified that abe saw
Emma Murray standing at the alley out
OF which Archie came, and she saw
Stewart step ont OF the crowd and pick
up bat and start to throw. She turned
away and did not see him throw II, but
IN A. I'm Mt hi nd uNw II
Mrs. Murray, falling at her lett foot.
Court then adjourned until p. m.
gVBNIEa SESSION.
When court reoonvened In the evening
Charles Reed was called to the stand and
testified that while looking at the fight
ne saw Stewart pick up bat, draw back
three times then threw, the brick striking
Mrs. Murray.
On cross examination Mr.. Shsrpley
questioned the witness Rs follows "Dld
you say to James =. Dsvlin on the day
Of the fight when he remarked to you
II was bad affair. "Yss; did no, BEE
any Of 1t, therefore know nothing OF it,"
The witness answered, "If ever said It
1t, II was to keep from being . witne;s
against Stewart" When pressed for q
direct answer he replied, al did not"
Margaret Burton also testified TO seeing
Stewart throw . brick, but she did NOT
see where II struck.
Sarah K. TilshmSn sSV Stewart throw
the brick that struck anna Murray.
DR.. Cantwell testified that he was called |
10 SEQ Mrs. Murray between and
O'Clock on last Christmas afternoon. He
testified TO the wound and said the skull |
was fractured and the nasal bones were
crushed. Such Q wound, he said, was
necessarily fatal.
DR.. oEle testified to holding q post
norton examination on Mrs. Murray.
George Wells, for the defense, tes-
titled That he had his eyeS on Stewart all |
she time, and he did not see him throw q |
stone.
Charles Murray, husband Of the de. |
ceased, testified to his wiie's wound and |
death, and subsequent proceedings.
Eliza Davidson said, Stewart address |
ing Archie, said: "You - -, I'll |
knock your brains out" He then picked |
up = stone, threw 1t, and 1t struck Mrs.
Murray. .5...
At 10 O'Clock court adjourned until 8 |
O'Clock Saturday morning.
Pursuant to adjournment court reconvened |
on Saturday morning, and the hearing OF |
evidence for the State in the Stewart Murray /
case was resumed. At 10 o'clock the State /
closed, and MIR. Sharpley opened the case for
the defense.
William b. Norton, who was the first wit
ness called for the prosecution, was also first /
called for the defense He testified to the /
width Of the alley in which Mrs. Murray was
killed.
Samuel keenan, testified that the brick that
struck Mrs. Murray came from the crowd at
the southeast corner Of Decatur and Button
wood streets. William Stewart was standing |
right in front of the witness at the time and |
could not have thrown the brick unobserved |
by keenan,
Edward McGonaghan testified that one Of /
the colored men fired at him, and that he saw
Archie try to shoot Stewart. The witness
testified positively that Stewart did not throw /
the stone that struck Mrs. Murray. The |
stone he said came from an opposite direo
ton to that in which Stewart was standing.
John Emmons testified positively that |
Stewart did not throw the brick that struck
Mrs Murray. He was corroborated by several /
more witnesses.
from the scene Of the fight as soon as young |
Archie struck at him with the axe.
James f. Devlin testified that Charles
Reed, an important witness for the prosecu- /
ton, said TO him at Eighth and Church |
streets on the very day OF the fight, II did |
not see anything Of the fight, and therefore |
know nothing about it" .-. ~.
The defense here rested at 10 o'clock. The |
case was then submitted to the court and |
jury without argument
After celebrating IS minutes the Jury |
returned and rendered verdict of not guilty. |
The announcement brought forth loud |
applause from the well filled court room,
which was quickly silenced by the court. |
Stew arts face showed very little emotion, and |
and as he stepped out OF the dock Messrs. |
Sharpley and Vandegrift shook hands with |
him. The criminal court then adjourned
until next term.
THE MATCH ooMPANY's BooKs-THE COURT
GRANTS STOCKHOLDERS APPLICATION TO
MAKE EXTRACTS FROM THEM.
In the superior court which went into ses-
sion at IL 80 o'clock Saturday, a decision was
rendered granting to the petitioner, Daniel
NJ Richardson Of Detroit, Michigan, a stock
pany, writ Of mandamus giving
him the power to examine Ger
tain books and accounts Of the
Diamond Match Company in this city. An
Argument took place at the November term
of court on the motion for the writ and Mr..
Spruance, Esq of this city and
W. NJ. Lilhbrldge aud ex-Judge Lathrop
of Detroit George Gray, Esq, and
Benjamin Nields, Esq, were counsel for the
Diamond Match Company. This afternoon
Chief Justice Comegys and Judge Houston
rendered decisions granting the writ and
dissenting opinion was rendered by Judge
Wootten
The reason given at the time of the
application for the writ was that the
petitioner had borrowed money on the
strength OF his stock in the Diamond State
Match Company and that in suit now
pending in Michigan he would have to
| present evidence relative to the profits OF the
company for several years.
The defendants argued first, that this court
had no jurisdiction over the matter and
second, that II it had it was wrong case in
| which to exercise its Jurisdiction.
At the conclusions of the decisions Mr..
Nields for the match company made an appli.
cation for writ Of error and the case will
now go to the court of errors and appeals.
The superior court then adjourned until
| O'Clock p m.
Tae afternoon was spent in argument
on application for rules by counsel on
points OF Law, uninterestirg to the
public. An adjournment was taken until
10 O'Clock Monday morning.
Superior court convened at 10 O'Clock
Monday with Chief Justios Comegys
and Associate Justices Houston aud
Wootteu on the bench. Argument on the
demurrers OF W. H. Plerson Of this city
va. the Elua, Pt@aix, Hartford and
Springfield Fire Insurance Companies was
at once begun. Benjamin Nields, Esq {,
is counsel for Mr.. Pierson, aud MessTs
Bradford & VAnde9riit represent the COM
papies.
The case stated briefly is rs follows /:
In 1892 the business establishment Of W.
Il Pieraou was destroyed by fire. The