Evening journal., 1889-09-21
HIS LIFE In THE BALANCE.
THE JURY IN THE PEG MURDER
CASE CELEBRATING.

Commissioners Appointed
Argument began in the PEG murder !
case when court convened yesterday /
afternoon. Every seat in the courtroom |
was filed and about $50 people stood in I
the aisles The prisoner, whose face had |
borne worried, detected expression dur
ing the taking of evidence, assumed a
brighter aud more hopeful look after the
Attorney General had finished his argu-
ment, and Mayor Harrington began for
the defence.
Attorney General Biggs began the
opening argument for the state immedi'
ately after court convened. He made a
vigorous and concise speech of forty
minutes.
Mayor Harrington briefly argued in
opposition to the prayers for Instructions
to Jury, made by Mr.. Biggs in the morn
ing, and asked for instructions for the
defence on but two points, as follows:
1 II the jury believe the prisoner after
giving up the combat and attempting to
return to his stand was pursued by the
deceased, and by reason of the superior
strength OF the deceased forced to the
ground. and under apprehension Of great
bodily harm, inflicted the fatal blow, IL
was in self defence and the prisoner
should be acquitted
2. In regard to the proposition that the
deceased may have fallen upon the ice
pick; According to the law, the causes
of death must be the acts Of the pris
oner."
Mr.. Harrington then began his argu-
ment to the jury, making a characteristic
and forcible address of two hours,
| Immediately at the close of which, court
adjourned until this morning
At o'clock, while Mr. Harrington was
| speaking, the grand jury came in, pre-
| sented their report on the condition Of
the New Castle Jail (which will be found
in another column, and after being
thanked by the court tor their public
services, we're discharged from any fur
Their attendance at this term Of court.
In the Jury's Hands.
Court convened at 0 o'clock this morn
ing, and Attorney General Biggs. began
the closing argument to the jury in the
PEG murder case. The court room was
filled with spectators, as it has been every
day of the trial Mr.. Biggs spoke for an
hour.
The chief justice began TO charge the
jury at 10 o'clock. He reviewed the tes-
timony carefully and directed that the
prisoner should not be found guilty If
any reasonable doubt of his guilt ex
listed. In explaining the law the chief
justice informed the jury of the meaning
Of homicide and how it is divided,
defined the two degrees of murder, and
granddaughter and finally explained the
meaning of self defence and its bearings
on the use Of the pick by the prisoner.
The charge was perfectly impartial, but
some thought they detected q tendency
toward q verdict of manslaughter OF
murder in the second degree. The chief
justice spoke fifteen minutes, and the
iary retired at 1918 o'clock.
The prisoner listened to the charge
; with an anxious expression and cast AL
appealing glance at the judge As he wen
to his cell to wait for the verdict.
They All Pleaded Guilty.
' The following prisoners were Indicted
William Faulkner, eolored, lar
ceny of flannel shirts valued a
I $l.25, from Andrew Mundy
4 pleaded guilty. William Benton
q colored, larceny of a waterproof lap robl
\ valued at so cents from Hugh Lynch
\ pleaded guilty. Thomas Lukens, col
Z ored, larceny Of rings and jewelry valued
q at @12 from Mary Mitchell, pleade,
a guilty James r Groome, colored, lar
= ceny of As cents in money from
e Martin Keogh, pleaded guilty. Henri,
o Hirons larceny, Of pair of shoes values
e at 81, from a p, w. & B. K r. freigh
, car, pleaded guilty. Harry Holsenbeech
4 ain colored, larceny of three pairs o
shoes valued at So from the p, w. s B
r. R. freight car.
In consideration Of all pleading guilty
" the court imposed on each the light sen
n tenee of payment of the costs and resti
is tuition money, one months Imprisonment
[ and Ave lashes on September %.
A Henry johnson, colored, and Georg
IS Ashly, pleaded guilty to the charge Q
l. driving off horse without the cOnsen
J, Of the owner, and we're sentenced to pa
lie fine Of $50 and be Imprisoned for 81
is months. James Thoroughbred, colorec
ID pleaded guilty to the charge of pointin
e, a pistol at companion and got sentenc
I. of ten days. He also pleaded guilty {
ID the charge OF carrying concealed dead
X weapons and was sentenced to pay fin
Of $40 and costs and ten days. Abne
Brown and Jacob Bailey both eolore,
pleaded guilty to the charge of carryin
lie concealed deadly weapons. Sentenced
Of ten days and to pay $40 and costs
ed Never before in the history of th
an court have so many prisoners, charge
Of with minor offenses, pleaded guilty.
ed A Boy Charged with Here Stealing.
n The case Of Howard Maharty, WI
re pleaded not guilty TO the charge of stea
-, ing horse from Mrs. Mary n Roge
m on October II, 1888. was taken up and
ey Jury drawn. Mrs Rogers's ms
ly drove the horse to this eli
and tied it on King sire.
near Second. From there it disappears
and in the evening the team turned up
'iy Elkton in the possession of Howard M
lis harty who offeredit for GALE Deputy Alto
Nv ney General Davis prosecuted the case al
'er Walter h. Hayes, Esq was counsel I
TO the prisoner. Mrs. Mary N. Roger
ne Philip Evelyn, Edward Taylor, Mayor
&c Elkton and Police Officer Richard Ell
ni- mons were witness for the state.
to Witnesses for the defence were \
ng ward Zeal, Benjamin c. Wells, Willis
Mulshenock and James Barley, who ts
titled to the prisoners good characte
Rev. Wlliam P. Swartz, pastor
AS Central Presbyterian Church, testif
ISIS that James Maharty, the father
at The work on the new Third sire
dr. bridge is progressing very slowly.
ed the prisoner was sexton of his chur
his and he had understood that the chars
ay, ter OF the boy was good Mr.. Dav
an uaived the cath when Mr. Swartz w