Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-09-26

NOT see REQ BtaD EdWafd5.
John II. MeWhorter saw the fracas
from the south-west corner of Front and
Market streets. i'll the agricultural imple-
ment store Of John A. Wilson. He first
saw white man retreatipg and a colored
man following him up, striking at him.
The colored man kicked the italian twice
in the stomach, and the italian made
punch at the colored man with some kind
of weapon he held in his hand. The
colored man kept striking at the italian
and the latter kept warding OF the blows.
The Italian began to back towards his
stand, and the negro grappled with him,
and they scufflled until they got across
Market street to the gutter-plate, when
the colored man threw the italian heavily
and fell upon him. He did not see the
Italian stab the colored man. A crowd
quickly collected and took the oolorsd
man oil the italian, when the latter arose
and went back to his store. At no time,
said Mr.. McWhorter, did the italian ap-
pear to be making any assault. lie was
on the defensive all the time.
Here the trial was suspended until 10
O'Clock Friday morning.
During the afternoon the following
prisoners were arraigned Andrew
Simms, colored, for the larceny OF pair
of shoes from Mary Il. Robinson.
Pleaded not guilty.
Robert Apologize, white boy, for the
larceny of brass journal bearings and
lot of scrap brass and copper from the
Pullman Palace Gar %. g shops. Pleaded
not guilty.
The recognizanoe of Eugene Trainor,
for whom z. j. Ford was surety, was
forfeited, he failing to appear in court to
answer charge of being concerned with
Robert Apologize in the above larceny.
In the trial OF Samuel Peo, for the
murder of Samuel Edwards, at Friday
mornings session of court j. T.MoWhur-
ter, In the prisoners behalf, testified that
during the entire trouble that ended in
Edwards' death, PEG seemed to be en-
deavoring TO retreat and avoid fight,
until the final scuflle occurred, when
Edwards grasped him and threw him to
the ground.
Mr.. Harrington next called the pris-
oner's daughter, Lucy Peo, who said she
was six or seven years of age. Attorney
general Biggs objected to the competency
OF this witness on the ground that she
was too young to understand the nature
Of an oath.
What will become of you" asked
Chief Justice Comegys of the girl, =" II
you swear to falsehoodp"
'pll go to the devil, promptly replied
the little ono.
This was deemed sufficiently convinc.
ing and very impressively Clerk Cochran
administered to her the oath to tell "the
truth, the whole truth and nothing but
the truth, so help you God"
With aptness and intelligence she told
her story. She said that Edwards came
into the store and got two cigars, which
he refused to pay for. Edwards then took
hold Of her father and pulled him
to the door. A lady then arrived to pur-
chase some dates, and her father waited
on her. When he got through Edwards
got at him again and they struggled in
the street. She saw no more Of the
trouble, as at this time man took her
back into the store.
Sewell B. Scott said he happened to be
at Front and Market streets on Missy 18th
and saw the trouble between PEG and
Edwards from the agricultural implement
store of John A. Wilson, where he was
employed. He saw the two men fighting,
and the italian appeared to be backing
|
was striking frequently at the Italian,
who only saved himself by lodging. The
Italian made step towards the direction
of his stand, when the oolored man
rushed at him and kicked him twice in
the stomach. Then the italian struck a,
the colored man, when the latter rushed
in and grappled with him, pushing him
across the street to the gutter plate
/
heavily and fell upon him.
DIR. O. Ii. Wallace said that immedi
ately after the trouble he examined PEG,
and found no bruises beyond slighi
redness On the body, below the stomach.
William Trusty, oolored, said he
stopped at Peo's store just before the
trouble, and saw Edwards there disput
ing with Peo. Edwards appeared to be
angry and somewhat under the influence
of liquor. The witness left and did MOI
see the result Of the disturbance.
Here the defence rested.
In rebuttal the State called William X.
Long of the Republican, who was fore
man of the ooroner's Jury that held ar
inquest on Edwards' body. He said thai
at the inquest Manuel Richenberger testi
fed that Edwards did not pick up ston,
until after the italian grasped the pick in
his hand.
Lewis Hayden said he saw Mauue
Richenberger when he came from hi
hotel to observe the fight. This was
about the tune the men came together
aid Poo stabbed Edwards. Mr.. Richen
berger had testified that he had seen the
trouble for some time previous to thi
occurrence.
With this testimony the State also
closed, and argument was started upon
Attorney-general Biggs asked the cour
for instructions to the jury upon til,
following points:
/. With regard to the plea OF self.de
fence, the Jury, in order to acquit the pris
oner, must believe that he was assaulted
that he declined to combat, that he was fl
imminent danger OF losing his life or O
sustaining enormous bodily harm, from
which danger he could only escape by kill
ing his assailans.
q. In order to reduce the crime to tn,
grade OF manslaughter, where deadly o.
dangerous weapon is used, the provocatioi
must be great indeed; so great, In fact, a
to produce such transport OF passion
such heat OF blood or such a frenzy o
mind as to render the man for the time, ut
terly deaf to the voice of reason.
8. With respect to the plea OF the defenc
that death wls caused by the deceased fall
ing upon the picK In the hands of the pris
oner. Inasmuch as tho attack upon tn
deceased by the prisoner with the pick wa
in itself IN unlawful act, even should tn
Jury believe that death was caused by tn
deceased falling upon the pick and not b
the prisoner stabblng him with It, the pris
oner even then Is guilty of manslaughtsr.
8. II the Jury believe the prisoner stabbe
the deceased suddenly, upon the spur OF rh
moment, but that he also dealt the bloS
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