Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-10-12

menced the closing argument for the
State. lie contended that the evidence
all tended TO show that tho prisoner was
guy Libra. with which he was
shs "fF OF cooero.. I'm the
folv r"s ess bird on
the marsh. He maintaIuv.- he words
used by the prisoner In reference TO
Carlin's evidence before the Mayor, HE
tells astraight story" was a confession
Of bis guilt, and could not bo accepted
IN any other way by the Jury. lie asked
the July u reader verdict Of guilty as
In manner anu form indicted, and closed
at lo.35 o'clock, having made one OF the
beat aud most eloquent arguments Of his
life.
As soon as Mr. Biggs concluded. the
Chief Justice said that on account OF
court opening ia Sussex county on Mon
day next, he considered 1t necessary to
| submit the ease TO them ut once, so as 10
give them time 10 determine their verdict.
In commencing his charge he said
There was an atroclous murder committed j
10 New Castle on the night OF septcm-
her z, and the Grand Jury have indicted
the prisoner Tor the oiiense. IIe would
not consume their time by delning the
different degrees Of homicide, as tho
prisoner Is either guilty Of murder Of the
| hrst cegrec, or he 10 not guilty OF any.
thing. The State depends principally on
| tue testimony OF Carlin. which the de
tense claim they have. contradieted, aud
Il will bo for the Jury to say whether eI
not this Ia 20
II the Jury believe the testimony oi
this witness, they must render u verdict
that the accused 10 guilty as In manner
and form indicted, but IL they have .
rea enable doubt about the matter, they
are bound to render . verdict OF no
| guilty. The Chiei Justice then cor sid
cred the statement male by the prisoner
beiore the Mayor oil New Castle, that th'
witness Carlln told q straight story
and said that II would DO for the Jury L
determine whether he meant that the wit
meas told the truth, or whether be mean
that lie had concocied story that wa
untrue, which he had presented a. testi
mouy. lie said that the jury were als,
bound 10 take into consideration the evi
dence of good character which had beer
offered.
Iu conclusion. he said that the Cour
would walt until l2 O'Clock on the Jury
Ahd that II they had not agreed upon
verdict by that tlme, II would not he lie
ceived until o'clock this morning.
IL was IL O'Clock when Bailifls Dea
kyne aud Raiuey took tho jury TO thei
room, and for the next hour a number q
persons waited for the result. Finall
the clock IN the tower struck ~, and :h
Judges left the court room. In loss tha
five minutes afterwards all had gone, an
the room was deseI ted.
By o o'clock this morning II was know
that the Jury had agreed, and shortly al
, ter that hour, the venerable Chief Justic
proceeded 10 the Court House. II VIA
however, fully 7.30 before all the attol
neys and others interested put in an al
pearance, when the prisoner was agai
placed in the dock, and the Jury hled
and were seated In the box.
Their names were called by the clerl
and then the question was asked;
"Gentlemen OF the jury, have 20
I. agreed upon verdict?'
' 1--WE have" responded several.
"Who shall answer lor you?" inquire
= the clerk, and the answer was returneC
"Our foreman
"How cay you Mr.. Foreman, do yo
find the prisoner at the bar, Thomi
: Rogers, guilty as In manner and form II
; dictsd, or not guilty"
The silence ut this time seemed almo
painful, aud the prisoner fairly stared |
The twelve men who held his life In the
= hands.
The suspense, however. was soon ende,
4 as the foreman announced in a clear toi
OF voice:
"Not guilty"
Rogers was then discharged, aud cou
, adjourned until the November term.