Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-11-28

speaking almost an hour.
In commencing the attorney general
reverted to the statement of the defence
that the State had not proved that the
killing was done in ssdate and deliber-
ate mind. MIR. Biges referred TO the
Davis case and to the courts instructions |
In that case that If it were the deliberate
purpose to take the life of the deceased,
II formed only the instant before, he
would be guilty OF murder in the first
degree, and that when deadly weapon |
is used il is an act of deliberate murder
and express malice. Mr.. Biggs asked
the court TO instruct the Jury accordingly
even though the deed may have been
conceived only the minute before.
Mr.. Biggs considered the claim Of
shooting In self-defence as simply pre-
posterous. In regard to manslaughter
there ia not grain OF evidence in this
case to justify such supposition. The
attorney general continued in close
balancing Of the testimony. He claimed
that according to the testimony of the
defence George H. Williams is the MUIR
derer of Walter E. Wright.
Mr.. Biggs closed his address az almost
O'Clock. Tho court then ordered an ad-
journment to o O'Clock Monday morning.
The first thing that met ones gaze in
the court room Monday morning was the
Williarns' jury, which had been out since
late Saturday afternoon. They looked
very tired and fatigued by their quiet
Sunday in tho top Of the court house,
without anything to read save we'll
worn Bible.
the jury, Chief Justice Comegys slowly
Lad "a Ia -,
the Williams Jury. II occupied about 30
minutes i'll its delivery. He opened By
saying that the case had been we'll
presented on both sides. He hoped
that the prisoners color would in no
wiseinfluence the jury. During his IL years
service upon the bench he remembered
no injustice that had ever been done
negro prisoner because of race prejudice
and he hoped that this present. case would
prove no exception. The first question
to be determined was whether or not the
prisoner was the one who committed the
crime, and, If 30, what was his provoca-
tion or intent. After this the chief justice
went carefully over all tho evidence on
borh sides and ended by defining the
different degrees Of murder. The jury
then fled out.
!
commenced with the reading OF the trial
list which contained 271 cases set down
for trial at this tenn of court. They were
disposed OF as follows: Gases continued,
l15; passed, rs; marked FOR trial, 81 ;
referred, II; settled, IL; discontinued, z;
struck OF the list, 1.
William MoGinnis was arrsisnsd for
highway robbery and assault and pleaded
not guilty.
The next case was that of Levi Taylor,
the young ooloFed boy. charged with
placing an obstruction upon tho Newark
IL Delaware City railroad track, near
Coooh's bridge. The altorney-general
stated that there was no doubt az to the
boys guilt, but that, considering his very
terder age and the possibility that he
might REFORM IL placed under good in
fluence, the State thought IL wise to sub
init no evidence but to ask the Jury to
bring in verdict OF not guilty. This
was done TO allow the court to turn the
boy over to the custody of the Ferris
Reform School, which will be done by
the court tomorrow.
VERDICT OF GUILTY.
Tho Williams Jury then filed in, after
celebrating only about two hours and q
half, with verdict OF guilty in msnnei
and form as indicted" At this grave yer
dict the prisoner in tho box showed At
concern whatever, but continued gentl!
stroking his face. The jury was polled q
the request of Mr.. Conrad, of prisoner
counsel, who also gave notice that b,
would at the proper time argue for new
trial.
The court then adjourned until
, O'Clock Tuesday morning.
: court opened Tuesday morning with tn
caseof William McGlnniss, who pleaded 10
guilty Monday to the charge of highwa,
robbery upon Charles N. Carp, on From
t street. Those testiiying for the State wer
2 Alvan Moore, Charles N. Carp, James Wels
! and Police Officer Crawford. Deput
: Attorney-general Davis conducted tn
prosecution, while Thomas Holcom0, Esq.
: defended the prisoner.
{ After this case was given to the jury
John A. Parker, the colored gambler, wa
u brought In and pleaded guilty to tn
I charge Of gambling. lie was sentenced I
q pay $500 and costs and to ba imprisone
l. for six months.
: The next case was that OF Thoma
: Kunple OF Middetown, charged with ped
pling meat without license around Mid
d dletown. The case was purely one OF Luz
Il and was argued before the court, upon
Q case stated, by Encouragement Biggs 10
o the defence. The court ruled that butehe
selling meat under the circumstances {
y this case could not be punished.
II Thomas TiIlman, q colored man, Wa
o next atraigned for attempting to reglstt
i Illegally in the Second district, Fifth ware
y at the last June registration. Ihe testlmon
IS of Samuel NJ. Knox, William McCloske
10 and Charles NJ. Almond, all registratio
10 officers, was heard and went TO show th
- mans guilt.
n Ex-OIllcetor Patrick Neary was ne'
10 called to the witness stand, and all IN
n questions asked him by Mr.. Conrad, coHt
" sal for the defence, were answered sat
81 factorily until counsel asked witness "Wt
is 1t the custom, MIR. Neary, OF your office
iesue tax receipts In blank with only yor
Is nome and seal upon them y 10 this que
NJ ton the State objected and after some a
IL gumeut on both sides tho court sustaine
l. the objection. This State WAS unable
produce the specific tax receipt which u
9. prisoner was charged with presenting ar
d. which 1t Was claimed was forged, In u
q absence OF this tax receipt the court Il
GO struetsd the Jury to bring III verdict
% not guilty, which 1t did. Several reRlstl
80 tion CAGES of a similar character were he
IN over for the present to give the Statean o
IL portunlty to produce the fraudulent Il
o. receipts.
ne The jury in the McGinniss case came
g. with verdict of guilty and upon the I
u. quest OF counsel, who declared that q
60 prisoner was In very poor health, the cou
ne sentenced him to an imprisonment OF o.
oil year, without corporal punlshment. Tt
seemed to reassure tho prisoner, who
,, once cast OF his detected air and march
D. gAmely out of court.
The last hour of the morning session W
at occupied with lengthy and technic
O. argument by Mr.. Vandegrift In support
nN an arrest OF Judgment In the case OF t
-.