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

| avenue and Shipley street; Mr.. Becker
came across the avenue and told me he
had shot a man / asked him IL he killed
the man and he said no; he said he
wanted to give himself up, and took
him to the police station and handed him
over to Sergeant McVey; on the way
down he said two men had come bother
ing him about whisky, and he would not
sell it to them.
DR.. Howard 0gle was sworn and said
McGinnis' injury consisted of large
gun.shot wound on the forehead to the
left; the frontal Zone WIS broken, nnd
the shot penetrated the brain; he had no
idea how far away McGinnis was from
the gun when the shot WINS fired; the
mans death was caused by the wound.
Sergeant Money was recalled and said
he examined the wound in McGinnis'
head it was about "a inches in diameter;
! from the size of the wound he thought
Becker could not have been any further
away from McGinnis than from the wit
ness box to the corner of the prisoners
box (about 20 feCt).
On cross-examination he said Becker's
gun was what is called 'choke bore"
which shoots close, keeping the shot we'll
together after the discharge.
The State here rested
Mr.. Bird mnde the opening address to
the jury 70 the defence. He said he
would have been willing, under ordinary
circumstances, to argue this case on the
facts as presented by the State. The jury
had heard from the deputy attorney gen
eral, in his opening, the law in relation to
murder and its various degrees, and he
| felt sure that from the evidence presented
the States attorney could not ask for q
verdict in any degree. He might, but it
would be asking great deal, ask for a
verdict of manslanghter, and he would
be willing to argue even request
for verdict of this kind upon the
facts presented by the State. Mr.. Bird
then detailed the case from the stand
point of the defence. He said Mr.. Becker
came home on the right of August 22d
and found some friends at his house. One
| of them being somewhat lame, he got a
carriage and sent them home, after which
he sat on the porch, waiting for the re-
turn of his team. Two men, whom he
did not know, came up and asked for
| liquor, but he refused, as It was then
Sunday morning. The men started away,
with angry threats to burn his buildings.
Mr.. Becker still sat there, and after
awhile. heard the noise as of stones being
thrown against the house, and then a
shot. The night was dark and, alarmed
by the threats and the throwingof stones,
Mr.. Becker got his gun to brighten the
men away, but unfortunately shot McGin-
mis-, who was the taller man, in the head.
The shooting he claimed, was entirely
accidental, despite the fact that the men
were unlawfully trespassing on Mr..
Becker's property. Mr.. Bird said that
although the States principal witness
denied that stones were thrown, the de-
fence would present evidence to the
contrary, and show that when the dead
man was searched large stone was
found in his pocket. He also said he
| would show that Mr.. Becker had pre-
| viously suffered annoyance from disor-
derby characters, and had petitioned the
mayor for special officers, the expense Of
which he offered to pay. He claimed to
be able to show that the States principal
witness, Walker, was a man unworthy of
belief, whose testimony could not be re-
| lied upon in en- emergency like this, and
that the prisoner was man whose repu-
/ tation was second to none in the COM
nunity. On establishing these facts, Mr..
Bird concluded, he would confidently ask
he jury for verdict Of not guilty.
Alexander Rowan, sworn-I live at the
ichuetzen Park came there on August
I'D, to fill an engagement to perform with
trained dogs at the. Yolksfest arrived
there at 11.30 o'clock that night, with
about dozen dogs; it was dark night,
so dark that we nearly upset the wagon
in which we came; the rain prevented me
from putting up my show tent, and put
my dog cages under two trees; saw
Becker for the first time that night dur
ing the night, after 10 o'clock, while
watching my property, saw two men
under the sheds, which raised my sus-
picions; crept up close to them to
watch them; they were so feet
away; heard conversation in front
of the house; could distinguish
Pa young mans voice and an older voice
the latter said. ''you can't have it," the
others used disrespectful language, and
said, "we'll get square, we'll come back,
and don't you forget !" also heard the
words burn down" used did not know
what the words alluded to; it was half
or three quarters of an hour later when
heard the shot after the first conversation
/ heard conversation at the gate, but in
so low tone that could not distinguish
the words; also heard q noise, as though
stone, piece of wood, or some other hard
substance had struck against the piazza
in front of the house.
1t was 6.10 o'clock when his examina-
ton was concluded, and then court took
recess until 10 o'clock Tuesday.
The Jury spent the night in the court
house, in the sleeping room provided fol
the purpose. Supper and breakfast
according to each mans order were fur
nished by the bailiff.
The court of oyer and terminer recon.
vened mt 10 o'clock Tuesday morning, with
the usual large crowd in attendance. Ina
few minutes thereafter Theodore F.
Becker was placed in the dock, and his
trial for the murder of Horace L.
McGinnis was resumed, with further
testimony for the defence.
Frederick Reed, sworn--I worked fol
Mr.. Becker at the Schuetzen Park, on the
22d of last August; that night l drove
from the park to Centreville, to take two
men home we left the park between II
and ~ o'clock; the night was 80 dark
that could not see more than four yards
ahead of the team; it was raining
slightly saw Mrs. Becker sweep the yard
clean Saturday morning; on Sunday
morning saw piece of brick and some
large stones in the yard, which were moi
there the previous morning.
John Lowther and Thomas Smith,
, who were in the carriage, corroborated
Reeds testimony about the darkness Of
the night.
Mrs. Margaret Shew, sworn-I live al
Riddles Banks; McGinnis' mother liyet
near me; I was in her house during the
, day of the shooting, while the body Of
!. McGinnis was there saw his clothes lying
, on the chair.
Mr.. Bird asked the witness if she saw
: ANYTHING taken from the pockets, but Mr.
= Biggs objected to the question. Thu
! court decided the question proper one
/ and the witness continued
y I saw stone, us large as your fist
! taken from one of the coat pockets; hi
I brother carefully carried it ont of tn
:, room it was round, rough stone.
: Miss Sarah Shew, daughter of tho pre-
vious witness, corroborated her mother
4 testimony in regard to the stone being
4 found in the pocket of McGinnis' coat.
= William NJ. Field of the firm Of jaime
. Riddle Son IL Co., said he knew the rep
4 utation for truth and veracity of William
!. M. Walker in the community where h
y resides it was bad, and he would not be
= lieve him on his oath.
: On cross-examination Mr.. Fields sal,
. he had heard others speak of Walker
/, reputation; heard at least two speak Of
: before the shooting; one was Mr.. Dyer
= lin, under whom Walker worked; tn
a other was Mr.. Shew, who was constabl
+ ut the Banks.