Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-09-24
HIS LIFE SAVED.
4 PLEA OF GUILTY OF MURDER
IN TAE SECOND DEGREE
Accepted by the state in the Case OF
Lewis l.. Davis-He 10 Sentenced TO
imprisonment for Life.

yesterday afternoon, and as soon ~ the
names Of tho grand jury were called
they retired TO finish mp the business
which had been presented to them.
Walter Blackburn plead guilty to a|
charge of assault on james Z. Groves,
who testified that he 10 the sexton atl
The Old SWedes' Church, and on June
13 he rang the bell for service in the
evening, after which he went around
the cemetery, in &c sordAnce with the
Instructions Of the trustees, to see that
there wAs no one on the grounds. He
found Blackburn and several others
on tho wall and told them 70 get down !;
all did 20 except the prisoner, who re.
fused to move and the witness took
hold Of him and put him of.
The prisoner walked around to the
railroad and said he would get even
with him, and Notwithstanding his
com panions warned him not to do II,
drew revolver and hred three shots ~
tho witness.
1he prisoner was indicted for assault
with intent to kill, but under the I'D.
vice OF his attorney, George 81. Brown,
Esq , plead guilty to assault, instead Of
standing . trial on the Indictment.
The Court sentenced him to pay the
costs Of prosecution, . fine Of 500, and
TO be imprisoned 6 months.
The Jury in the case Of Philip Pinion,
colored, indicted for burglary and lar
osny, came In ut 3.1b O'Clock with .
verdict OF guilty, and his counsel, Wal
ter Bacon, Esq Immediately made q
motion for new trial.
John 6imm ons, who was indicted for
burglary and larceny and plead not
guilty, withdrew that plea and entered
one OF guilty of larceny, and WAS SEN
fenced to pay the costs Of prosecution,
81 restitution money, TO be imprisoned
three months, and on next Saturday be
whipped with ten lAshes.
A Jury was drawn and the case q,
Harry Smith and Frank Hall, indioted
for the larceny of horse from Willisd
Duff, on August 18Th, was taken up fol
trial, with Thomas Davis, Esq, for th.
State and Austin Harrington and
Walter h. Hayes, Esqs, for the de-
fsnce.
william Duff wac sworn, and testi
ied that he resides in Christiana Hun
ared and that on the night Of Wednes
day, August 18th, the horse was stoleI
from his stablee, and that he recovered
IL the following Saturday In Pbiladel
Nathan W. Porter testified that h
occupied . part Of the stable where Mr
Duff keeps his horse, and that he wen
TO get Lis horse on the morning o
August 18 and found that Mr.. Duff
was gone. On the following Saturds,
he vent to Philadelphis with the Chic
Iof Police and Mr.. Duff and found tn
horse.
Rufus P. Bailey was sworn and test
fed that he is police officer in Phils
Idelphis and that he arrested the prison
Iers at Fifty eighth street and Lancaste
Iavenue, about 2 80 o'clock In the afte,
noon of August Is. At the time of th
arrest they had horse In their posseI
sion. On cross-examina.ion by Nj
Harrington the witness said that afte
he arrested the prisoners he searche
them, and has the articles found o
them In his possession. No one ha
ever demanded them, consequently b
bad retained them, but was ready ,
|, Iglve them up at any time. The ooul
directed that they should be hande
over to the oltrk Of the court.
This was the last witness called
the State, and rs the defense had Z
witnesses Mr.. Davis said he was vii
, | ing to submit 1t without argument, b,
upon Mr.. Harrington objsoting, l
made q brief address to the jury,
? which he said that these men had bee
found with the stolen property In the
pot session, for which they could II,
account, and that therefore II must
supposed that they stole 1t.
Mr.. Harrington m ade an ele quent q
Igument In defense Of the prisoners, an
Iclaimed that as there was consider
Idoubt in the matter they should gi'
1.-THE prisoners the benefit OF 1t, and re-
der verdict Of not guilty.
Mr.. Davis cloeed for the State, M
the jury after being charged by u
Chief Justice retired at A 20 o'clock.
Lewis L. Davis Was brought in Cou
at 4 % O'Clock and again placed In Il
dock. The Chief Justice said tat yol
last trial your counsel offered to enter
plea OF murder In the second degre
(which the Attorney General at tn
time declined to accept. Since tb,
they have con ferred together and d
state has agreed TO accept the pie
which is satisfactory to the Court, al
1t now becCm 90 my duty to pass 30
tence."
"rhe sentence Of this Court is th
Il you pay the Gusts of the prosecution,
fne Of 81, ,000 aud be impr risoned for t
remainder Of your natural life. Y
are row committed TO the custody
the Sheriff."
Davis received the sentence unmove
and Immediately afterwards was TAX
from the room by the tipstaves. T
y Ievent was somewhat Of surprise
many, rs 1t was generally supposed I'll
the case had been disposed Of until I
adjourned session In November.
The Jury in the case of Harry Smi
and Frank Hall, indicted for the Ii
ceny Of o horse from William Du
came in court ut 4 40 O'Clock with
verdict Of guilty, N d they were imu
diately sentenced TO pay the costs
prose cution, fine Of $500 each, on 8,
urdsy next stand one hour In the p
loIy, be whipped with 20 lashes eac
and be imprisoned one year.
A Jury was then drawn and the ca
of 1lijah Benson, colored, indicted
an assault with intent to kill Frederi
a. Dixon, also colored, on August 24t
tis, Esq, for the State and Wall
Il Bacon, Esq, for the defense.
Frederick A. Dixon was sworn, q
testified that he resides ct Tenth q
Orsnge streets and is preacher, o
also gathers rags for q living.
August Oath he saw the prisoner as
was going home, and told him TO st
away from his house.
II BENSON followed him to his own do
q and as the witness turned to 20 in dr.
u revolver and fred at him. The v
ness ran In the house and got his q
and when he came out the prisoner I'll
ct him again, and he returned the
L With his gun.
The witness was subjected to q IL
. and searching cross-examination