Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-09-16
TIE 0. 5. p1srRror oouRz.
Argument Rs TO the sanity OF
Edward Years. who Gut Captain
NickersOn's Throat.


she United states District Court.
The United States district court met
Tuesday morning at 10 o'clock, with Judge
Wales presiding. The grand jury found
true bills Of Indictment against Henry T.
Mullen, the embezzling postmaster of
Delaware City; Edward Sears, who com
mitted the deadly assault on Captain
Nickerson of tile scooner Nellie @. Payne
at IAwes several months ago, and Samuel
V. b. Carly, the colored postal clerk, for
abstraeting money from letters. The
grand jury was discharged, and court adj
journed until O'Clock in the afternoon,
The United States district court met
yesterday morning at 10 o'clock with Judge
Wales presiding. At the request of
Hon. Charles Is. Lore. counsel for Henry
+. Mullen, late postmaster at Delaware
City, charged with embozzlement, the ease
wns postponed until the next term OF
court
Lewis q. V,tndegrift ESD, counscl for
Samuel V. II. Clarity, the enlored postal
clerk, charged with taking money from
tho mails, also asked for continuance of
the case, ON the grounds of the absence
of two necessary witnesses, who were
absent from the city, one in New York
and one in Massachusetts.
District Attorney Patterson vigorously
opposed the postponement on the grounds
that the defence had ample time TO pre-
pare, and TINT the two witnesses might
not be material witnesses although tho
defence might deem them necessary.
Judge Wales, however, granted oontinu-
ance of the case until the January term.
The oise of Edward Sears, for assault
with intent TO kill Captain NickerHon, WAS
then called with Levi q. Bird. ms the
| defendants counsel. Mr.. Bird asked for
continuance on the ground that no was
not prepared for trial, M tho indictment
was only found yesterday, and that he
would require the presence OF physicians
| from Massachusetts who would teRtify To
tho prisoners insanity from childhood.
which would be his plea in defence. lie
| further stated that his client had already
been in en insane asylum and was arrested
only two years ago for cutting afiras
/ similar to the one for which lie is nov
4 charged.
1 District Attorney Patterson was opposed
/ to p0siponing the case, as the prosecution
had gone to grent expense in preparing
| Tor tiial and were ready, AMI TINT theil
three principal witnesses, who were deck
hands on the schooner, had been detained
1 in jail since the assault because they coult
| not furnish hail and to further detain then
IN prison would he anoutnge. Hesaid tina
he had M disposition TO press for convic
tion i; the prisoners insanity WINS so mp
parent that there was no doubt. Drs
Bush. GrimRhaw and Wales have OK
nmined Sears, hut have not rs yet ex
pressed their opinions. The court thei
adjourned until 3 O'Clock.
| While the mate and deck-hands viii
testify to the prisoners sanity it i
thought that the doctors will pronounc
him insane. Sears, who was locked in
cell above the court. room, could be hear,
constantly yelling like wild beast Will
the court was in session. At times, par
ticularly when he was brought from I'll
Jail, he seemed perfectly rational, but a
soon as locked up he shrieked and tosse
about ON the floor in manner thu
showed IL he was not really insane, b
was acting to perfection the role of a
insane man. He answered no questions
Those who saw him were about equal
divided as to his sanity. Captain Nickei
son, the victim of SEARS razor, was ais
} present, his head and neck being covere
with bandages from which he has almoi
! recovered under the tender care of hi
wife who has nursed him in Lewes sine
the assault. His arm will be useless fo
some time yet aud will never regain it
I old strength as the chief muscle
. severed. He is cheerful and says TINT b
J feels we'll.