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


dered ~ Verdict of Not Guilty
-
Another notable capital trial, that OF
Thomas Hogers OF New Castle, began at
court on Thursday morning. Rogers
was indicted Tor the murder OF Fran.
cisco Jankovszly, Pole, by shooting
hira through the heart with u shotgun,
during the disastrous riot between the
natives and the hungarian and Polish
workmen employed at the Delaware iron
works, at Dobbinsviiie, near New CASTLE,
on the night of September 7.h. The
prisoner is represented by Hon. George
Grsy and Layi O. Bird, ESQ, while At
torney. general John Biggs and Deputy
Thomas Davis are prosecuting for the
State.
The prisoner, aiight-buiit, undersized
man, looking pale, but reasonably cheer
ful, was placed in the dock. His wife,
with young babe in her arms, accom-
panied by female friend, took B4at
beside the prisoner's counsel, and then
the work OF selecting the jury was begun.
The hrst man called was acceptable to
both sides and wRs sworn, but challenges
socn folio Ted.
The defence challenged theso: Oliver
O. Lyman, John W. Yuahsll, William F.
Ro.house, William q. Evans, James NJ.
Downs, Charles Walton, Gacrge Cloud,
Alexander hlitsen, George u, Armstrong
Howard E. Flynn. Daniel e. Davis,
Jonn e. Kelley, George d. Hickey,
Walter S. Leatherbury, Cyrus b. Gears,
Nathan Lieberman, George Ennis George
l.. Townsend.
These challenged by the State were
James w. Wsfe, Charles W. Conysrs,
William Dixon, samuel Aiken, William
| L. Sutton, David h. Bayne, William
Rothwell, Samuel o. Roberts, Thomas
Cochran, James U. McComb. This com
prised the full number Of challenges al.
| lowed the State.
Walter II. Southgate, Samuel Moore,
Frank Pordhsm, Alexander B. Corbit
and Edward iispoe had conscientious
scruples against rendering q verdict Of
guilty where the punishment is death.
James McOloskey was excused by reason
of being over 10 years of age aud George
Whittock because he was suffering from
chills.
When the Jury panel vas exhausted,
after the eleventh juror had been drawn,
and IL became necessary to draw talesmen
from the audience. Mr.. Biggs said he
had intended, when the examination Of
witnesses begsn, to ask that all be ex-
cluded from the court room during the
taking OF testimony, and admitted one at
time to give their evidence. He thought
1t would bs we'll to have this order en-
forced before the drawing of talesmen
begun.
Messrs. Bird and Gray assured the
attorney general that should any OF their
witnesses be called as talesnen they
would inform him of the fact, but Mr.. bisRs
insisted on his request, which the court
granted. The states witnesses were
then cent into the law library and the
witnesses for the defence into the witnesf
room. Exception was made in favor oi
) Lawyer John Il. Rodney and PEothono-
tsry George A. Maxwell, who had been
summoned as witnesses for the State.
The jury selected is composed of the
following: Harlan dighfeld, jaime!
Hebberd, Orlando q. McGargle, Henry
w. Edwards, Wellington W. FIazer
George b. Jester. j Joseph a. Brooks, Davit
: Steeiman, George W. Aiken, Robert N
Huggins, William w. Priychett.
! Only two talesmen were called, thI
first, James O. McComb, being chat
lenged by the State aud the other, vii
liam W. Pritchett, proving acceptable Il
the defence, while the state had no NOR
challenges left to interp0se even had thl
attorney. general so desired. In all, A,
names were called before the "tWeivl
good men and true" were secured to tr,
the case.
, Deputy Attorney-general Davis openet
, for thu State with the usual definition o
the different grades of murder ana re
) cithl Of the facta OF the ease as the Stat
expected to show thelc. In addition t,
8 proving the crimo by witnesses, he said th
9 State would also show that Rogers kat
admitted having committed the act.
AS usual, testimony began with plo
: OF the premises where the shooting oC
) cured, prepared by Architect Frank r
a CarsTell which was offered in evidence
| The States first and moss importan
y witness was Francis d. Csrlin, who salt
= he was is years of age on the 26th Q
a July last. He went to Dobbinsville o.
!, the night of the riot. he said, in compan
o with Frank McGrory, Patrick McManu
d and John McCaiferty, starting fror
IS Jamea b. Toman's saloon, where the wit
j. ness was employed. They went, he said
y bscause they heard there was o scrap /
- Dobbinsville. He said lie was standin,
/. by the back fence of Mrs. Deans hous
q Gust across the nine foot allie
;" from the yard of the house wher
r. the Pole was shot when Rogers
Is the prisoner, and George Bratton cam
3 D up. Both had guns and both went int
10 the alley. While standing there he sa'
the Pole, Jankovszky, come out OF th
house aud start towards the out-houst
''He seemed to be dressed in white" sal
y the witness. "Ibeu l saw this ma
y Rogers point his gun over the fencs {
et the Pole Then heard the report OF ii
y gun and saw the Pole fall"
o. Car!in insisted that he was only aboy
ie IA feet distant from Rogers when th
a latter fred the shot. After the shootin
u he walked into the alley and met Rogei
~ coming cut, when both walked out tt
Y, gether, side by side. 81 told Rogers,
81 said the witness, ''thst ne had killed thi
III man. Rogers made some reply that
y; couldn't understand." He afterWarC
ID met Frank MoGrory and sold him tn,
'p Rogers lad killed tine Pole.
g ~ next saw Rogsrs, continued Carlil
ss "hy the steps iii front OF the sheriff
ef oilice. He passed by me, attracting n
OF attention by o signal as he passed, al
"a walked mp to the hitohing post on Il
% pavement. followed him there, and
70 70 said I'm sorry for what I've done. Dor
70 you say anything about it and I'll new
~ y forget you Then we parted"
Nc On cross- examination the witness to
MIR. Bird that something was the matt
with his right eye, but he did not kno
whether be was near-si2htsd or lot.
i'll Court OF l o'clock took recess +
On half an hour.
he Francis 4. Oarlin, the chief witness +
ty the State in the trial of Thomas Roger
T.