Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-10-17

slouch hat and carrying q gun going by his
back gate and walking up towards Hum
garian row. A few minutes later he heard
shot fired. the report being heavy one.
He did not know the man who carried the
gun, but knew 1t was not Rogers. The shot
he heard sounded as though 1t was In the
yard of the house where the Pole lived.
The shot sounded 30 differently from the
other shots that II attracted his attention and
comment.
Margaret j. Dean said that shortly before
midnight on the night Of the riot she saw
two men go down the alley In the rear OF
"Hungarlan row." one OF whom had a
gun. They were In the rear OF the house
where the dead man lived, and she called
to then, telling them that the occupants OF
the house were peaceable and had not been
engaged In the riot. Mrs. Dean went into
another room, to wait on her sics daughter
and while there heard q shot fired. She
was positive that neither OF the rwo men
she saw In the alley was Thomas Rogers.
Testimony for the defence was continued
up to the noon recess.
The case Of Thomas Rogers, on trial for
the murder of Franehiszek Jankovszky,
was given TO the jury on Friday. The case
was run through with unusual dispatch
that day, tho court taking but little time
for recess. The defence concluded, and In
rebuttal the State only called DR.. Read ].
Mckay and DR.. L. Il. Dravo. They testi-
fed tGat they had examined the eyes OF
Francis T. Carlin-the States principal wit
ness, who swore that he saw Rogers shoot
the Pole-and found that though his eye
sight is somewhat impaired, he is fully
capable Of recognizing man 20 feet dis
tant on moonlight night. The defence
had tried to show that Carlin's sight was
impaired,
The argument of ths case was the most
| anaRtIya han ri In fha
Deputy Attorney-general Davis opened ioc
the State and Levi O. Bird, Esq, followed
on behalf OF the prisoner, speaking until o
| few minutes before O'CLOCK. Ii was one
OF his hest efforts. After an hours recess
Senator Gray followed In powerful argu-
| mant In The prisoners behalf. Attorney
genera! Biggs closed for the State In q
strong and eloquent argument. Tne charge
OF the court was delivered by Chief Justice
Comegys, and at IL O'Clock the jury re-
tired.
VERDICT OF NOT GUILTY.
On Saturday the case ended in verdict
o. not guilty.
When the jury took the first formal ball
lot, after retiring for conaultation, Friday
night, the result was nine for acquittal and
three for conviction OF murder In the first
degree. Argument ensued, but the three
dissenters held out firmly for an hour,
Then the jury retired for the night.
Soon after O'Clock, a. M, Saturday they
were again down In the grand jury room,
In consultation. The nights rest seemed
to have weakened The three who held oui
for conviction, and within an hour they
came around TO tho other nine members
and agreed to verdict Of not guilty. Al
7.30 O'Clock they fled into the court room
The court aud Nessrs. Biggs, Bird and
Gray were quickly summoned by the
baillffs. and OH their arrival Deputy CLERK
Osborne took their verdict.
Not guilty" WAS the response Of Fore
man Harlan Hlgtdeld.
There were but few spectators present
and the verdict was received without dem
onstration. Rogers took tns result withou
apparent emotion, as though he expecIet
it. When told by the chief justice that h,
was at liberty to 10 where ne Pleased ht
stepped from the dock, aud, after shaking
hands with his counsel and some of tht
iurymen, departed In company with hi!
brother and a few other friends who wer'
present. After receiving the verdict cour
adjourned until the November term.
This case was one Of the most interesting
| and hotly contested ever tried in the court
; OF this county. The result was not uneX
pected. ss the States chief witness. the bo.
Carlin, though he gave o straight story
was badly twisted up on crosa-exaninatiol
while tne defence produced reputable Wit
nessss who made out very satistactor
alibi for the prisoner. In fact there or
, listed to a complete degree, that "reasona
BILE doubt" which the law allows to be In
terposei between a prisoner and the jail o
tine gallOws.
! Rogers hgs been held under charge @
participation in the Doboinsvllle riot, o
the night OF September Tth, and will prot
! ably bs Indicted ut the November tern
| This charge was not laid before the gran
3 Jury at the recent term, on account OF hi
Indictment on the murder charge.