Daily Republican., 1886-09-23
THE PRIZE FIGHTERS.
THE JURY RETURN A VERDICT OF
NOT GUILTY
And It is keceived With Applause
Levi U Bird, Esq, N owes for the
Discharge of Davis.

anu heceived With Applause
Levi Bird, Esq, N owes for the
Discharge of Davis.
Court resumed proceedings at 8 O.
clock yesterday afternoon, and imme-
diately after the opening, the Jury In
the case Of the alleged prize lighters
and the aideIs and abettors were
charged by the Chief Justics and re-
tired at 8 20 o'clock. The witnesses In
the case Of Davis, indicted for the mur-
der Of Officer Peterson, were called,
after which the Deputy Attorney Gen
eral said he was ready to 20 ahead with
the case, when Levi Bird, ESQ.,, one OF
tho attorneys for the defense, said he
would not proceed TO trial until he had
Q full panel Of jurors 70 select from
which he could not have until the Jurors
In the prize fghterg' case came in.
Elijah Benson, colored, was arraigned
and plead not guilty to An irdictm on {
charging him with committing an as
sault with intent to kill upon Frederick
Dixon, on August "a.
Benjamin G. Luton was arraiqned
on two separate indictments, the first
of which charged him with the larceny
Of gold watch and chain and q vest,
the property of William Kyne. The
second Indictment charged him with
the larceny Of . coat and silk haudker.
chief, the property Of Daniel McCarty.
Both these offenses were committed on
August 20, and he plead not guilty to
both indictments.
William B. Stone plead guilty to an
Indictment charging him with the lar
ceny Of . coat valued ct 81. the prop
erty OF Evan W. Mari.
James Murray, colored boy, was
charged with breaking into john A.
Boer's saloon on the night of May 18th,
and stealing fve coats, q hat and sew
eral other articles, and plead not guilty.
Lewis Pyle WAS arraigned and plead
not guilty to an indictment charging
him with entering the house OF Lavinia
Appleby, on May 22nd, and stealing o
basket, tableclOth and other articles,
When these cases were disposed Of,
Levi q. Bird, Esq, addressed the
the question OF former jeopardy in the
case VI Lewis l.. Davis, and to move
for his discharge. He said he knew
that this question had been presented to
the Court In 1881, In the case OF Car
berry, and did not doubt his right to
raise the question In this Gaze aud to
argue 1t, but he wished to know
whether 1t would suit the Court better
to hear argument now, or after the jury
were empaneled. He had thought over
the matter day and night and was firm
In his convictions on 1t.
Deputy Attorney General Biggs said
he thought this matter was settled at
the time Carberry was tried, but II he
had to meet 1t he would just as leave
meet IL now as any other time.
Davis was then brought In court at
4 10 o'clock and placed In the dock. He
was dressed in his usual neat and be.
coming style, but was very pale, and
looked careworn from his long impris.
onment. The court room was crowded
and when Davis came in between two
tipstaves he was the observed OF all OBJ
servers, and the target for thousand
pair OF eyes.
As soon as he was seated In the dock
Mr.. Bird moved for his discharge, and
then proceeded with his arguments
In favor of the motion. He read thu
record Of the case, showing that tn,
jury went out at 40 O'Clock on on,
day and were discharged the mex
morning at II. 10 o'clock, because the
could not agree.
He said that this jury were dis
charged before they had been ou
eighteen hours, aud against his earnes
protest. He claimed that he had Offered
to enter plea of murder in the sc cond
degree, which had been refused by the
State ,and that the court had charged the
jury that there was NO question abou1
the guilt Of the prisoner, and that the
only question was whether he We!
guilty of murder Of the first or second
degree, and he contended that IL the
jury had not been discharged the proba
bility is that they would have rendered
verdict Of second degree. He claimed
that as the Court had taken upon itfel
| to discharge the jury, they had de
prived the prisoner OF this chance fol
mis- life, and that therefore they have
no rie hit to place his life In jeopardy !
the second time for the same offense.
He cited number Of authorities In
support of his position, and continued
Jourt adjourned until 8 o'clock thit
morning.
The jury In the case of the alleged
prizs fighters came In Court at 4 N
O'Clock with verdict OF not guilty and
the announcement was received with
applause.
During the afternoon the names oi
Walter and Henry Blackburn were cal |.
ed three times by the crier, and as
neither responded their bail was de
clared forfeited.
The Grand Jury came In at 3. 80
o'clock and made their return, whe n
they aud all other Jurors were dis.
charpd until 10 O'CLOCK this morning