Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-10-03


until adjournment. Court adjourned
until D O'Clock Tuesday morning.
At Tuesday mornings session OF superior
court George V. Massey, ESQ.,, finished bis
argument for the defendant 10 the case o
Parvis vs.. the p, W. Il u. Railroad Com
pany, speaking until 10 o'clock. Senator
Gray followed for an hour aud a.halt, on
the same side, and Albert Constable. ESQ,
occupied like period In the closing argu-
ment for the plaintiff. Court then ad-
journed until 8 O'Clock.
II was . 80 O'Clock Tuesday afternoon
When the jury in the case of Mrs. Hem
rietta V. Parvis vs. the p, W. d b. Rsil-
road Company, having been charged by
Chief Justice Comegys, retired for con-
sultstiou to the grand jury room. Tho
Jury had not been long out before the
buzz OF contentious conversation, which
could be plainly heard in the court room
and the corridor, waa regarded as an in
| dication of another disagreement. Shortly
before 6 O'Clock word WAS sent to the
| court that there was no prospect OF an
agreement, but the court refused to dis
charge the Jury and took o recess until
| 10 O'Clock Tuesday morning. About ii
O'clock the jurymen repaired to the beds
in the upper part Of the court house and
retired for the night.
A Jury was drawn to try Frank Smith,
| indicted for assault and battery on James
| Jordan. The defendant, a low-browed,
bullet. headed Pole, lived In Dobbins-
vile, New Castle, and the assault was
alleged to have been committed on the
night OF September 7th, (the same night
the fatal riot oocurred.) The latter said
that he was coming out of Vickery's store
when the crashing Of q stone through the
street lamp notified him that the riot was
in progress. He turned TO go back when
Smith rushed at him with O CLUB and
struck him twice on the head and once
on the hand. He was positive that Smith
was his assailant. James Faulkner also
said that he saw Smith assault Jordan,
and that another Pole struck him with Q
club at the same time.
For the defence, Francisco Bserni,
with the aid of Alexander Jsolowski as
interpreter, testified that Smith, who
boarded in the same house with him, was
at home all evening until the houses of
the Poles and Hungarinns were attacked
by the mob, when, after being assaulted
and thrown out OF the front window
Smith was arrested by Mayor Hanson's
posse, who had gone to Dcbbinsyille to
supp ress the trouble. Several other
Poles with jaw. breaking names gave cor
roboratiye testimony.
In view of the completeness of the
testimony establishing the alibi, Deputy
Encouragement Davis abandoned the
case, and the jury, by direction of the
cont, returned verdict of not guilty.
N. W. Davis, Esq, defended the prisoner.
When Smith was informed by the court
that he could go where he pleased his
gratitude found vent in very remark
able demonstration. As he stood before
the chief Justice he held his hands in on
attitude OF prayer, and was about to 60
down upon. his knees when the court
stopped him with an order to remain
standing. As he learned from the inter
prefer that he was free man his face
beamed with delight and Beizing Deputy
Attorney. general Davis hand he i'm
printed an ardent kiss upon it. He at
tempted to further show his gratitude BY
planting kiss upon the deputy'i
bearded lips, but MIR. Davis dexter
ously avoided this affectionate greeting
Smith next impressively kissed the
hand of each juryman on thu
first row of seats and started
upon those on the second row, but coulC
not get through easily. farming arount
he saluted Bailiii Deakyne, Janitol
Fleming and Stenographer Guyer, ant
made dash for two or three attorney
standing by, who lodged him will
! lively movements By this time til
/ court room was in o roar. The over
, ioyed Pole seemed inclined to spread hi
! osoulatory fsvors to everybody in tn
J bar but the interpreter out him short b,
. taking him by the arm and hustling hin
out of the court room. The interprete
/ said that Smith was following ouston
8 OF his former country in his promiseuou
kissing act.
On application of Levi O. Bird, Esq.
: counsel for plaintiff, the court made
I peremptory order for the trial of tn
i cases Of Wallace va. the Wilmington
Northern Railroad Company at the No
vember term.
3 At 6 O'Clock court took recess until 1
o yesterday morning.
= The jury In the case of Henrietta '
7 PArvis vs.. the p, W. Il b. Il. II. o., re
/ NAMED out all Tuesday night. Iestei
+ day they refreshed themselves as we'll q
the limited accommodations OF the gran
| Jury IbOlu HOuh anu OEubIc
breakfast from Fullmer's restaurant. The
T were very quiet, aud talked but little abor
q the case or anything else. They waite
/. patiently until IL o'clock, and then sent
A note to the court askiug to be discharge
but the court declined to allow them
leave at that time. At 11.30 O'Clock ther
II was smart rap on the jury room doc
n aud two minutes later the jury filed into III
! court. They had been out Just 81 hour
Il The roll was called and ProthonotHry MAJ
i well made the formal inquiry:
o "Gentlemen NJ the jury, have you agree
4 upon a verdict"
!, Nobody expected an affirmative answe
n as the general impression was that the jul
Ar had agreed to disagree. To everybody
/ surprise Foreman Jonathan X. william
answered:
1--WE have"
" Then there was o craning of necks and
70 dense silence as everybody listened intent
:, to hear the final result OF a famous trial.
,r "How say you, Mr.. Foreman, do you fin
rs for the plaintiff or defendantW
% "For the plaintiff"
10 cat what DO you assess her damages"
eat 81 ,000."
n There was buzz OF surprise within Il
is bar. Mr.. Lore, of counsel for the plaintiff
al looked almost amazed at the verdict, whit
1t was even worse than q disagreement. NJ
ct Massey, of the railroad eompany's counse
81 smiled complacentiy and asked that Il
o, Jury be polled. Each member, when asKe
"Is that your verdictT" responded at Is
In with the exception OF Juryman John Pug
y who replied, II agreed to it," Then thu