Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1888-12-20

Inc usual large crowd of interegted speo.
talors was in attendance
Tho closing evidence Of The State vves
nleiked only by an efTeolual atterout on
Inc part OF the prisoner's counsel 10 draw
out testimony thgt the accused Waa vsry
much under ths influence Of liuuor al the
time Of the assault. The court mi onIo
'esia' these qusssionn were irrelevant. IA
apphod III The course OF the oross-
examination Of the ststt'R witnesses, bal
the chief justice informed Me-. Chandler
taat 1t had been frequently declared by
the courts OF this State that Drunkenness
IA no excuse whatever for crine. ina
STATES testimony referred to the arrest Of
the prisoner and to his voluntary aduia
sions Of guilt after being taken info
custody. Among the Witnesses was Meey
oiden, the young niece of the prosecuting
witness, who described her aunt's
physical condition after the brutal al
gault.
The State having rested few minutes
past IL O'clock Mr. Chandler outlined tho
defence, which he sold wouid mainly bs
that the evidence Of the Stated witnesses
Ind NOT positively proved the prisoners
guilt. Also that the prisoner was not re-
sponslhls for his acts on that day by fea
SOB Of his intoxicated condition.
There was very slight change In the
prisoners demeanor when hig sida ~ Inc
care was opened and at first he appeared
TO give some attention to the testimony
81 ms witnesses. But he soon relapsed
into his ordinary indifference.
The defence started out TO prove that
the prosecuting witness was in tho habit
OF taking coal from James Fl. Bepes q
company's brick yard, and was physi-
eaily strong, able to carry big loads on
her head and to propel a well-ladeu
Wheei-barrow. The main testimony was
by Dr. Patterson, who saw the proseout
ing witness soon after the assault. ond
said that an examination revealed no OK
ternal evidences of the assault having
been committed.
| The defence started to produce testi.
mony showing that the prisoner was in
toxlcsted, but Mr. Biggs objected. The
| court hold that unless 1t could be shown
that by reason Of his drunkenness lie
was OF the time insane from mania-a posu
The testimony would be OF no effect. Mr..
Chandler said no could not do thiR, but
could show that the prisoner was uncon.
Hcious from the effects of drinking. The
court said that in this even. evidence OF
drunkenness could only be- received TO
show that the prisoner was too wonk
from The effects Of drink to overcome or
assault any person of ordinary strength.
The detencet then called witnesses who
testified that the prisoner was very drunk
and also very weak on the day of the as
sauls.
Court took reoessu until o'clock, %. m
The testimony Induced by the defence
Ia the trial OF William j. Calhoun for
felonioualy nssaniting Oatharine Utz, at
the afternoons session OF court, was
to the effect that the prosecuting witness
was o woman Of unusual strength, used to
carrying heavy burdens. A number OF
Witnesses testified TO this effect. The
prisoners father testified that the pris.
oner had been continually drunk for a
week previous TO the commission of the
assault, aud was drunk at noon Of the
dsy on which 1t was committed
The State, in rebuttal, cNllad Drs. L..
Fl. bravo, Howard OaleI p W. Tomlin-
sen and vii srd Springer, who gave ex-
pert testimony ~ to the physical evi
aphoNh uHCAA tiN PCAaOh VI WIG DIbbEth-
trix, necessary TO show that the assault
had been committed. Testimony was
also heard from a number Of witnesses
who yaw the psisOues On idu day Ut the
assault and did not consider him drunk.
at S o'clock the examination Of wit.
nesses was concluded and the Argument
began. Deputy Attcrney-genersl pevis
opened for the State and spoke until 81
O'Clock, When court took reoess until
Z 80 O'Clock, p. m.
At the evening session Mr.. Davis fn-
ished bis argument, occupying 40 min
utes. Court then adjourned until
o'clock Saturday morning.
The court Of oyer and tuYmiper opened
at 0 O'Clock on Saturday, and Lilburne
Chandler, EAT, counsel for William j.
Calhoun, or trial for feloniously assault
ing Caroline Utz, addressed the jury on
behalf OF the prisoner, speaking for over
IN hour. Attorney general biggs fol
lowed and made the closing argument for
the State.
The charge OF the court was delivered
by Chief Justice Oomegya. The charge
clearly defined the legal nature and char
acter OF the line with which the pris-
oner was charged. described the charao.
tor OF the proof necessary to convict Of
the offence and said that il the jury en-
teftained reasonable doubt of the pris-
oner's guilt they should acquit him.
Otherwise they should lind him guilty
at II 55 O'clock the usual oath to
"lake the Jury to come convenient place
and there keep them without meat OF
drink, watet excepted" until verdict
was raached, Yss administered to Bailiii
Dsakyne. Then the twelve "good men
and true" slowly fled out to decide
whether william J. Calhoun should BIZ
got free or sentenced 70 death upon the
gAilOws.
Du,ing tho arguments of counsel, the
hardened prisoner maintained his usual
stolid unconoprn, and apparently pRid lie
attention to what was being said either
against hira or in his tavor. 10 the
charge Of thu court no gaye come atten-
lion. at tines with his head downcast,
and occasionally with bis eyes fastened
uoon the obiaf. Justice. but all the while
MS dull features were ezpressionlGss and
he induslriously cheaed tobacco, pHuSiug
occasionally to ezpectorate upon tho tooI
OF the dock.
AS the Jury retired, Calhoun leaced
over and gave sort OF hat anxious
GLANCE ID the direction Of this door. Then
IL ltailhtsned up ag'inst the back ct She
dock aad gpat MoLlhiEl of tobacco
;nice upou Inc floor. A crowd assem-
blnd around the box, and yaarg rnan
thyust hts head through the top rAllirs
an spoke 70 the prisoner, Calhoun looked
up, amiled aud rhattad cheertul!y with
ire caller for few seconds. Then be
5ettled down Into bis nonehhlant de.
msancr and gavs himself up to bis
tobacco and his thoughts, il any Of Che
latter fquud place in his apparently IN
troubled mind.
A VERDICT OF GUILTY.
49,, Az o,o1,ck the iuyy in the Calhoun