Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-09-30

tendants participated or Hs"isted
all wero equally guilty. The man
who called time and the men who
held up the contestants wero equally MS
guilty of engaging in prizo-fght as were
tho principals. Thers was no testimony
as to whether money was bet or waged as
the court looked on wager, but il had
been shown that money depended on the
contest. One of the witnesses had testi-
fed that be heard on the boat that one of
tho principals WAS to receive 800 and
the other, 1876. II was for the Jury to de-
termine whether the remark could be
heard by the defendants, who were near
The chief Justice believed that that was
the only direct testimony that money de-
pended on the contest, but there was
other testimony TO show that tickets were
sold at $3. If the jury found that money
depended on the contest the defendants
were to be found guilty; if the jury had
any doubts verdict Of acquittal should
be given.
At the conclusion Of the chief Justices
charge the jury, at S.22 o'clock, retired
to find verdict.
Elijah Benson, colored, pleaded not
guilty to the charge of assaulting Fred
erick Dixon with intent TO kill.
Benjamin @. Lutton pleaded not guilty
to the charge of the larceny of watch
and chain and vest from William Kyne
and not guilty to the charge of the lar
ceny of coat and handkerchief from
Daniel MeCarty.
William B. Stern, colored, pleaded
guilty to the charge of the larceny of a
cont from Evan w. Marr.
JRlues Murray, colored, pleaded not
guilty to the charge of tho larceny OF
several coats aud some champagne and
cigars from John A. Beers.
Lewis Pyle pleaded not guilty to the
charge of larceny of clothing, &C., from
Lavinia Appleby.
The cognizance of Wnlter and Harry
Blackburn was declared forfeited.
Levi o. Bird, Esq, asked that Lewis f
Davis, the murderer of Police Officer
Peterson, be discharged on the ground Of
former jeopardy. MIR. Bird said he had
intended to raise the question Of former
jeopardy after jury was inpaneled bat,
TO save time, he would raise it before a
jury was inpaneled Mr.. Biggs said he
was willing that the question should be
brought up then and Davis, who looked
| paler and thinner, was put in tho dock.
| When Davis was brought in the vast
crowd struggled to get glimpse of him
and foi !. iHiaatu Oh two thors WIS con,
siderable confusion.
NJ BIRD lS2sspt eort his plea, said that
Davis was indIcted and arraignea II
| November last and pleaded not guilty
In the case Of Morris Carberry, in 1881, q
motion for the prisoners discharge, or
the plea Of former jeopardy, was denied
| Since then there have been many sucb
| questions argued in different states, in
which il was decided, as Mr. Bird now
| claimed, that the prisoner having been
tried before, and his life having boon put
in jeopardy, could not be tried
again. Davis, at the most, claimed
| through counsel verdict Of MUIR
dor in the second degree. The State
claimed verdict in the first degree,
Davis' life was in the hands OF jury, and
with that jury less than IL hours, when
seven hours of another day yet remained
before The sun went down, and the con.
| test, too, not being whether he was guilty
| but of the degree of his guilt. There
eau be no case found where the facts are
similar to this one. In some states thero
is constitutional provision denying the
discretionary right of court to discllarLe 9
jury where u man is on trial for Lis life.
In others there is q statuary provision.
In the Carberry case the discretionary
| power was humanity. In the Davis case
there was no such humanity. Mr.. Bird
believed that Davis life had been in
jeopardy and that he could not be tried
again. Rulings in Pennsylvania and
other states and in England, by which
men on tiial for their lives had been dis,
| charged after the disagreement of iuries,
| and against the discretionary power OF
courtsto discharge the jury in such a trial
| unless under severe necessity, were read.
Mr.. Bird contended that there was no reason
why the Davis jury should have been dis
| charged. The decisions OF other states
were not in harmony in regard to the
| power of n court TO discharge n jury in
Il criminal case but we're in harmony iii q
| capital case. Davis whs bound to have
been the loser. The jurors who had been
| in favor of murder in the second degree
would not have come up 10 the first, but
| those in favor Of the first might have gone
down to the second.
After speaking for about an hour and
q half Mr. Bird asked and received per.
mission to furnish his argument this
morning, stating that he could complete
| it in about 30 minutes.
Al AL O'Clock, after an absenca Of
one hour ana 10 minutes, the jury in the
prIzr-fight case returned with a verdict OF
not guilty. The announcement of tie
verdict was REQ, ivod with applause. On
the frat ballot the jury, it is said, stood
9 for aeqnittal aud 6 for conviction, on
the second ballet s for ac9uittal and 4 fol
conviction, on the third imllot 10 fol
ucquiitll and Q for conviction. and on
the fourth ballot unanimous verdict foi
acquitted was reached.
A verdict of not gnilty was rendered
because there was no direct evidence that
the fight was for a stake. After annonnc.
ing its verdict the jury was discharged
"Nitchipn Golden and james Mctirads
are yet to be triad for ,lssaulting oacl
other.
AT r 35 O'clock the grand jury was dis
charged until Thursday morning and II
minutes later court adjourned until tht
same time.