Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-10-10
COURT AGAIN.

counsellor Prickett Makes n Deter
nitned Fight for the Inv and
Order League Against ANY New
Ltcenses-some Interesting Com
tests.
The court Of general sessions reassem-
lbled Monday afternoon, when Sewell
hall, colored, was placed on trial on
charge of assault and battery on Joseph
Lawior with intent to kill. The assault,
1t ia alleged, was committed during the
riot ON Monroe street between Fourth and
Sixth, when tho boy Walter e. Wright
was killed. Walter Bacon, Esq, defended
Hall.
Lewis Hause, the first witness, said he
saw colored drum corps come up Mon.
roe street and pass the merry go-round
ct Fourth street. Hall, he said, was walk
ing behind, with q woman, and ct the
corner he knocked an old mans hat off.
When two-thirds the distance across
Fourth street, Hall, he said, drew pistol
and fred twice. Peter Kelley saw the
shooting and thought the man who fred
looked like Hall. Charles Glszier also
saw the shooting but could not identify
Hall as the man who fired the shots.
John NJ. Richardson saw Sewell Hall be.
hind the drum corps, but could not say
that he fired the shots.
Court adjourned until O'Clock Tuesday
morning.
At Tuesday mornings session Ohief
Justice Oomegys aud Associate Judge
Paynter were punctuslly seated at 8
O'Clock. A few minutes delay occurred
through the absence of juryman. He
appeared at $50. The tardy one was
Joseph A. Brooks Of Pencader hundred
whose train was delayed. He made his
apologies and explanation to the court
and then the Jury tally was called off.
The case Of Sewell Hail, charged with
assault with intent to kill the lad Joseph
Lawler, continued from Monday after
noon, was resumed. Deputy Attorney.
general Thomas Davis called Thomas
Howard of the State. The witness was
standing at No. 304 Monroe street. On
hearing the shooting he ran quickly to
the corner Of Fourth and Monroe. In
the dim light he saw q man running
ahead of crowd up Carpenter street
His back was towards the witness, who
could not tell whether the fugitive was
white or black. The flight was continued
up to Fifth and jackson streets, the
witness following. Reaching jackson
street, the fugitive disapp Jared. He sud
denly saw o man standing at doorway
on jackson street and heard him say,
"Come on with me, Sewell." The mans
name was Sharpe. He took Hall by the
arm and was leading him of when Officer
Meredith came up.
Officer Meredith testified that he was
about 100 feet away from the point where
the firing took place. He saw three OF
four men going into Peregoy's saloon.
He saw the flash OF the pistol. IL was
where there was not much lamp illumi-
nation, so that the pistol flash was clearly
seen in the darkness. The witness saw
Sowell Halls face for the first time when
N he arrested him. The State then rested.
Walter Bacon, Esq, told the jury that
he intended proving that the prisoner
was at the head of the band during it,
parade and that at the time Of the shoot
ing the prisoner was standing a
Peregoy's door, we'll defined distance
(35 feet), from the point whore the shoot
ing took place. Counsel also proposed prov
ing that there was sudden ARRAY on the
y night In question and provocation to rio
melted by those who attacked the band
Edward T. Peregoy of Fourth ant
Monroe streets was the first witness fol-
the defence. He said that as the saloor
door was opened he heard the shots fired
Sewell Hall and the man holding thu
Transparency came in. Hall asked Pere
10 COY to take charge of the Transparency
Before the men came in, as the witnes
was going towards the door, he heart
Sewell Hall asking some one to come il
and have drink.
ia Grant Bentham, colored, one Of tn
bandsmeu, testified that the shooting wa
"a done behind him and that Sewell Hal
was ahead with the transparency. William
Richardson, colored. stated that tn
shooting was done at the back of him il
the procession. At that time he saw tn
prisoner, Hall, in the front with his han
resting on the door Of Peregoy's saloon
Other members Of the band testified
n Civil Engineer William A. KINNEY test
fied as TO the street distances at Fourt
and Monroe streets,
Sewall Massey, an ancient and gray
haired colored man, and also Fran
Oalderell, oolored, turnkey at the cit
hall, testified as to Seweil Halls charat
Ter, which they both claimed is very goot
Here the case rested.
Deputy Attorney general Davis in az
dressing the jury said that witness Lew
Hause was positive as TO the prisoner
Identity and to his being the one who di
the shooting.
Mr.. Bacon, for the defence, belittle
Hsuse's testimony as very osrelossl
given and contradicted by the witne
Kelly, another witness for the State. L
asked for an acquittal for his client will
out the members of the jury leaving Il
box.
Deputy Attorney. general Davis thougi
that the prisoner in the dock was vel
fortunate thai he was not being tried {
Che more serious charge Of murder
iplaoe of that Of assault with intent
commit murder. He considered th
Hause's testimony deserved no sui
stigma OF recklessness and oarelessnes
as counsel on the other side asserte
Hause's testimony is cerroborated
Witnesses Kelly, Glazier and Riohar
son. The speaker claimed that eyiden
Importing the theory that Hall was
'ront of the drum corps at the time
Me shooting, is out Of the question Gs
acceptance.
MAJ In making his charge the chief JUST
referred to the fact that the testimony
the part of the defence was entirely
variance with that of the State. In 70
they are directly at issue. One claim
that Sewell Hall was in front Of the bal
and the other that he was at the re
where the shooting was done. The Oh
was given to the jury al 10 o'cioC
VERDICT OF NOT GUILTY.
At lao O'Clock the jury in Sew
Halls case came into court with Y,
dict OF not guilty and Hall was
charged.