Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1889-02-19
SENSATION I'M COURT.
A Juror in The Cooley Case Sent From
the Box In Disgrace Progress of the
Case

the bon In Dfsgrace-Progress of the
Case.
The Court OF Oyer and Terminer re-
convened yesterday afternoon at 3 o'clock.
Benjamin Nields, ESQ.,, counsel for the
defence in the case of the State vs. Tay-
Tor Il. Cooley, finished the cross exami-
nation Of John Wilbur, the first witness
for the State.
Cooley sat in the box in the same dis
consulate posture as in the morning He
was seen to use his handkerchief several
times during the afternoon. A number
OF young ladies' probably attracted by the
youth of the prisoner or perhaps his
acquaintance, occupied seats in the
court room,
present at the shooting, testified to the
same facts as the previous witness, so
far as the first part of his testimony is
concerned The witness said that Good
ley first shot at the gate post and missed
1t, then he snapped the pistol in the
direction of the orchard. Turner. who
was standing in the door of the shed,
twitted him about being a bad shot.
Cooley then said. 81 will shoot you. =
and whirled around and fred, tie bullet
hitting Turner in the abdomen. The
little girl who stood before Turner cried
out and said the powder burned her
face.
While Mr.. Nields was proceeding with
the cross-examination one Of the Jurors
made some remarks in an audible voice
and Mr.. Nields said to the court
| II object TO going ON with this cast
while there is juror in this condition
Il al / l.. q Il. m
the liquor dealer of Rising Sun, had i'm
bibed too much whiskey during the mid
| day recess. and had become intoxicated
With great difficulty he kept sitting
posture in his chair in the jury box, anc
when he made the remark had Just
awakened from drunken doze.
The attorney general did not care to e
on either. The chief justice asked the
jury what they thought of their com
panion, whether they considered him in /
iii condition to sit on the jury. On,
juryman said Il thought he'was asleep
Two or three others spoke at once, but
what they said was not understood. vii
liam G. Baugh asked If the case coulC
not be adjourned until the juror got
sober.
After consulting with his associates,
Chief Justice Comegys said:
Neal J. Toy stand up.
The Juror rose unsteadily to his feet.
Mr. Toy" said the chief justice, "yor
have disgraced yourself by appearing at
court in a state of intoxication, and have
obstructed the proceedings of this
case.
Il deny the assertion, said the juror
thickly.
Our view Of your own person from
the bench, continued the judge,l con-
vihees us of your condition.
Mr.. Toy denied the assertion again.
You are committed to the custody OF
the sheriff for twenty four hours, and
the intoxicated juror accompanied the
sheriff with as much dignity as he could
command out of the court room to the
cells in the cellar.
This is the first time that such dis.
graceful incident ever occurred in this
court. Never before has juror been SC
intoxicated that he has been sent from
the box ins disgrace. The episode
over, the case proceeded with clever
jurors.
Alexander Green the witness on til,
stand, swore that he did not know
whether Cooley pointed the pistol a
| Turner or not
DR.. Irving Finn Of Newport swore t,
the nature Of the wound from whicl
Turner died. II was six inches deep
but small aperture The witness ha,
him removed from the house where b,
was shot, to the Homeopathic Hospital
in this city. He testified that the heigh
of the bullet wound above the ground
with Turner standing on the doorstep
was just above the head of the little cir
who stood before him.
DIR. Willard Springer, the coroner,
physician, testified to making a pos
norton examination of Turner's bod,
and to searching for the bullet which wa,
not found. With this witness the Stat,
rested.
Mr.. Nields in opening for the defenc,
said to the court that he thought tn,
evidence offered by the State was moi
sufficient to bring the killing within
the statute. His opening address to the
jury appealed to their sympathies.
The first witness for the defence was
George w. Cooley brother of the
prisoner, who testified to his quiet but
impulsive nature and good character.
No questions from the state.
Dr. Leonard A. Kittinger took the
stand to testify to statement made by
Turner at the hospital four hours before
his death, generating Cooley. The
state objected on the ground that the
man might have been delirous and was
shortly after and that he did not know he
was in dying condition The court sus.
tanned Mr.. Biggs
Dr. Irving Finn was also put on the
stand to testify to a similar statement,
but was ruled out
Elmer H. Chandler Daniel Haley, iona.
than George and Grant s. Riggs testified
to the prisoners good character. The
defence closed here
Deputy Attorney General Davis made
the opening argument for the state, oc-
cupying about ten minutes.
Mr.. Nields then cited some parallel
cases to the court, after which adjourn
ment was taken until this morning.
Historical Society of Delaware.