Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-09-30
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later Rufus p. Bailey, Philadelphia
policeman, said he arrested the prisoners
on August 18th, ,at Fifty-eighth street and
Lancaster avenue, Philadelphia, with n
horse in their possession. which wns after
wards turned over TO Mr.. Duff He said
he took the money and personal effects
found on tho prisoners, and still had
them, ready 20 turn over to The proper
parties. He was direo,ed to hand them
To tho clerk of the court. With
hie testimony the State rpsind. There
was no defence, and after a
brief argument, in which counsel
for the prisoners ably contended that the
State had not satisfactorily proved tue
theft OF the horse by the accused the jury
was charged by Chief Justice Comegys
and Mt 4.20 O'clock retired. After an
absence Of 20 minutes the jury returned
verdict of guilty. The prisoners were
and costs, TO stand one hour in the pill
lory and be whipped with 20 lashes and
be imprisoned one year. Nole pros was
entered in the other two indictments
against these prisoners.
At 4.25 O'Clock Lewis @. Davis was for
the last time placed in the dock and the
chief justice thus addressed him:
''At the time of your trial at previous
session of this court your counsel pro-
posed that your plea of not guilty in
manner and form an indicted should be
withdrawn and plea of guilty of murder
in the second degree be entered, which
proposition was not accepted by the
attorney general. At this session the
attorney general and your counsel have
conferred together aud, by the consent of
the prosecuting officers and your counsel.
you have agreed now that the plea OF NOT
guilty in manner and form rs indicted
shall be withdrawn and plea of guilty
Of murder in the second degree be en-
tered Therefore it only remains for the
court to pronounce the sentence of the
law on you for your crime, which is that
you pny to the State OF Delaware fine of
Be, 900 and the costs of the prosecution
and that you be now committed to the
county jail and be there imprisoned
during the rest of your natural life"
Davis betrayed no emotion whatever
during the delivery of this sentence and,
at its close. was led from the court room,
walking between the tipstaves with his
head bowed and an expression upon his
youthful face of simple relief that the
ordeal was over.
State VS.. Elijah Benson, colored, III
dicted for assault and battery upon Fred
eric A. Dixon, colored, with intent to kill.
Charles M. Curtis, Esq, for the State,
and Walter Bacon, Esq, for tho defence.
Dixon testified that Benson passed him at
his house, on Orange street above Tenth,
and jostled against him. They had come
words, when Benson passed on, but soon
came back, and going down on the other
side of the street, fired two shots ut him.
On cross.examination Dixon said that
after Benson fired at him he got his gun
and fred shot in return. Patience A.
Dixon, wife of the previous witness, cor
roborated the story of the assault.
The defence called Spencer Greenwood
colore@ who testified that Dixon rushed
out of his house aud fred at him and
Benson with his gun. He said that lien
son did not fire any revolver at Dixon and
did not have my pistol ct the time.
Pending the trial of this case court nd
journed until Friday morning.