Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1889-09-20

saw the fight was the next witness. His
testimony was strongly in favor OF the
defence. and tended 10 SNOW that the
Italian was continually acting IN self de-
Tense.
DR.. Charles Il. Wallace was put on the
stand to say that he found a slight red
ness on the prisoners stomach when be
examined him.
William Trusty, colored, testified that
near o'clock on May IL lie went
into Peos store to get some Italian
cigars Edwards was in the store at
the time, slightly intoxicated. Witness
identified Peo'a hat and shirt.
With this witness the defence closed
its testimony.
Evidence In Rebuttal.
William r. Long of the Daily Republi-
can was the first witness for the rebuff
tai on the part of the state.
He testified to the correctness Of the
written evidence Of the coroner's Jury
Mr.. Long was foreman and wrote the
evidence from notes. The point in dis
pute was the testimony Of Manuel Rich
enberger, who testified yesterday that
PEG did not pick up the pick until
Edwards had thrown the stone The
written evidence showed that the pick
was in Peo's hand when the stone was
thrown.
Lewis Hayden said that Richenbergei
did not come out Of his hotel until
the men came together With this
witness the state closed and Attorney
General Biggs began his prayer to IN,
court for instructions to the jury.
Propositions OF the state.
Attorney General Biggs made the fol
lowing propositions:
/. In regard to the defendants plea OF
self. defence, he asked that the jury be
instructed that they must believe
that the prisoner was assaulted b,
the deceased, that the prisoner
declined TO combat, and was In imminent
danger Of losing his life, and could no
do other than kill to save himself from
death or great bodily harm
9 In manslaughter. which is the suddei
killing in the heat Of blood or transpor
Of passion, IL was asked that in order &
reduce the crime TO this, the crime mus
have been committed with a deadl
weapon upon provocation so great as l.
produce such transport of passion a
to utterly deprive the defendant o
reason.
Regarding the claim that the decease
may have been accidentally killed b
falling upon the pick, Mr. Biggs mad
this proposition, 'Inasmuch as the attac
by the prisoner on the deceased by tn
ice pick, was an unlawful act
even il the jury should b,
lieve that death was caused by the d.
ceased falling and not by thrust Of Oh
prisoner, even then he should be foun
guilty Of manslaughter"
r. 4. Murder Of the second degree-lf I'll
Q jury believe that the prisoner killed tn
a deceased with deadly weapon, the La
4 presumes malice, unless 1t is shown tina
d it was not done in heat Of blood or pas
sion, no matter how great the provoci
y tion, he should be guilty Of murder
the second degree.
g. Murder Of the first degree. II Il
, jury believe that the prisoner Stable
the deceased quickly or on the spur
q the moment, yet believe that the fat
blow was done deliberately with desil
g to kill or commit bodily harm, 1t Is mu
20 der in the first degree.
ID 6. II the time that elapsed between I
first provocation and the fatal blow "
e sufficient for the prisoners blood to CO.
d or for him to form malicious purpoI
il is murder In tue first degree.
ID After Mr. Biggs had stated his prof.
g sitions, court adjourned.
% The following prisoners were arraign
ID during the morning: Harry Brown, c.
ored for the larceny Of an overcoat q
ID pair Of field glasses from Sylvester
Downs Of St. Georges. Pleaded gull
N and was sentenced to pay the restituti
le money and costs, and be imprisoned t
months and receive five lashes on s.
le TENDER 49,
x John Manner, alias Charles Reynol
Is pleaded not guilty to the charge OF ste
ing twelve pounds OF horse and cat
IS food from Thomas Duffy. James MI
lie ray pleaded not guilty to the charge
ig stealing 81. rs from Thomas Green.