Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-02-21

The prisoner was then placed In thu |
dock and arraigned. He is pleasant. |
looking young man, not quite al years Of |
sge, and appears to deepiy feel his unfor- |
inmate situation. During the argument |
ne SAT with his facs buried In his hands,
and he hung his head disconsolately |
while the indictment was being read. III
low voice be pleaded not guilty.
The following jury was drawn: william
a. Shippers, Williem g. Baugh, William
Il. stroup, George Adele, Robert r.,
Cochran, Isasc L. Mote, Benjamin P,
Dixon, John Webster, John Beck, Neil
y. Toy, Thomas q. Porter and John w.
Fraim- Those drawn and challenged
ware Pussy Pennoek, William Hughes,
Jonas Keyser, George NJ. Bright, George
Il. Ford, john ]. Boyle, John F. Brady
and Jacob s. Cochran.
The case was opened for the State by
Deputy Attorney. general Davis, who gave
q brief review Of the facts OF the case.
after whish tho testimony was taken.
John Wilmer, colored man who lives on
the Vincent Flynn farm, in Christians
hundred, where the shooting occurred,
aud occupied the house next door to
where ioodley boarded, said that while
he was getting an armload OF corn cobs at
he barn, either Harvey Turner or Aleck
Green threw cob at him, whereupon hs
went in the house, got his revolver and
hred II once in the air. Taylor Cooley,
who was In the shed washing his milk
csns, asked him for the revolver. At
FIRST he refused, but when Cooley came
ont OF the shed and asked again he gave
him the weapon aud told him to
shoot at the gate. Cooley shot
Of the gate and missed ii, the ball going
into the ground, after which he snapped
IT twice, the weapon failing TO explode
each time. The next thing the witness
heard Cha was looking at ths gate and not
at Cooley after the frat shot) was
another report, and, on turning around,
hesaw Harvey Turner standing against the
door of the shed. He did not hear Good
ley say anything before the shooting.
Turner walked from the shed door 10 the
kitchen step, remarked that he was shot,
and laid down. Cooley asked him IL he
thought he had shot Tur aer, and the wit
ness replied that he did not know. The
piatol, weapon OF 32.calibre, was shown
and identified by the witness AZ his.
Court here adjourned until o'clock,
p. m.
There was sudden and unexpected
interruption to the trial Of Taylor Il.
Cooley, for manslaughter, at The after
noon session OF court. The court
had reassembled and Alexander Green. 0
colored boy who was present when
Cooley shot Harvey Taylor, had given
his testimony, when it was discovered
that one Of the jurymen, Neil j. Toy, was
not in condition to understand much
about evidence or anything else. In fact,
Juryman Toy was undeniably drunk. He
had indnlged too freely in alcoholic CON-
coctions during tho noon recess, and
soon after he stumbled into his chair in
the Jury box his head fell forward and he
went to sleep. In few minutes he
awoke and began to yawn loudly, which
attracted the attention OF Mr.. Nields, the
prisoners counsel.
| Mr.. Nields informed the court that he
hardly considered the juror in suitable
| condition to try q case Of such import
Rnoe, and Attorney. general Biggs, after q
critical look at Toys flushed face and
| staring eyes, fully agrsed with this view.
Then there was discussion as to what
wss best do, and Chief Justice Comegys
asked the other jurymen what their opin.
ion was. Juryman William g. Bsugh
suggested an adjournment Of the trial
until Toy became sober.
Finally, Attornsy.geper Biggs and
Mr.. Nislds announced their Willingness
to continue the trial with only IL jurors
apd then the chief justice addressed thu
drunken jnrcr.
"Neil Toy" he said, "you have dis
graoed yourself by becoming intoxicated
while engaged in Jury service"
.No, sir, deny th' 'sertion," mumblet
the culpTit.
''We are entirely satisfied as 10 YOU
condition." continued the chief justice
lyon are upft to perform your duty by
reason Of your undue indulgence in in
toricating liquor. You are committed Ia
the custody Of the sheriff for "a hours.
~ deny TIL 'sertion," reiterated thu
Juror, as Sheriff Allen led him out Of tn,
court room.
The case was then resumed. Alecl
Green testified to the pistol practice tina
Cooley was indulging in when he fire.
the shot that struck Turner, but he sait
that Cooley simply turned around ant
fred without pointing 1t OF anybody II
particular
Dr., Finn Of Newport testified to q,
tending Turner aud sending him to tn
hospital, and DR.. willard Springer CAV
the result OF the post norton examination
Of Turner'S body made BY him OF tn
coroner's request.
The State here rested. Mr.. Nields 70
the defence attempted TO prove the De
clare,ions Of Turner before his death
with respect TO the shooting, but Attoi
ney-psneral Biges objected and the OF
ieotion was sustained. Testimony i
support of the prisoners excellent cha'
acter for peaos, honesty and genera
good department was given by deorg
". Cooley, DR.. /, M. Finn, Emmor \
Chandler, Daniel Healey, Jonathan I
George and Grant Scott Riggs
with this testimony the defence close
. and Depuiy-attorney general Davis &C
J dressed the jury for the State. MI
Nlelds followed in on argument to th
ennrt upon the legal questions involve
in the case, after which court adjourne
nntil 10 o'clock Tuesday morning.
. Oity Solicitor Turner, at Tuesday
| session of court, asked for eontinuanc
nutii May term OF the case Of O. Brook
3 Foster vs.. the Mayor and Council {
, Wilmington. The ground of his appi
cation WAS the absence from the city
l *. MAYOR @. B. Rhoads, Gu importar
: witness for the defence, without who's
testimony he could not safel
I on 10 trial. In fact, withor
Il, the bottom would drop OF
! Of his eass. L, O. Vandegriit, Esq
: piaiptiff's COUNSEL opposed the contin'
once, but was willing { have the cas-
I TIED by referees. Mr.. Turner objects
]. 10 \ reisree trial, as there was considel
! able law involved in tho case, but W,
/ wiIl,nV 10 refer the case to counsel. 4
!. ,hia M NAndepritt objected. Tue coul