Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-02-21

sultans upon the pointing, but whether
he intended to point the pistol ut the de-
ceased before he fired. The charge d.
reeted the jury to Rivo the prisoner the
benefit OF every reasonable doubt that
might be entertained upon this point, and
held that the jury conld fiud the prisoner
guilty of assault, under the indictment, IL
he was not deemed guilty OF manslaugh.
ter.
At IL 05 o'clock, the Jury retired.
There being no other cases for Jury
trial, the balance of the general jury was
discharged from any further attendance
at this term.
At O'Clock, court took recess until 8
O'Clock, p. m.
VERDICT OF ASSAULT.
AT 100 O'Clock the jury in the case of
Taylor q. Goodey came into court and
returned verdict that the prisoner was
not guilty In manner and form as In.
dioted, hut was guilty of assault
only. The prisoner was greatly
moved at the verdict, which saves him
from the ignominy Of being branded as a
felun. Sentence was deferred until to.
morrow morning. The penalty for assault
us fine or imprisonment, either or both at
the discretion Of the court.
Court then adjourned.
At Tuesday afternoon's session of
court John Fl. Kodney, Esq, tendered
an ample apology on behalf of Neil J.
Toy, the juror who was committed the
day previous for getting drunk while en-
gagged in the trial of case aud Toy was
discharged. Upon the application Of
Deputy Attorney.gener Davis the dis
charge from Jail of the following pris-
oners, whrsa terms had expired, Was
ordered: William W. Decker, Hugh v.
Sweeney, James Wiley, james Wilson
and John Berry. Some minor matters
were disposed Of and court adjourned
until 10 o'clock yesterday morning.
Taylor q. Goedley, who accidentally ehot
and killed Harvey Turner, colored, and
was convicted of assault after trial on an
Indictment charging him with man
slaughter, was brought Into court for sent.
enae yesterday morning. The jnrymen who
convicted him, after ren 1ering their verdict
united In petition asking tine court not to
impose any Imprisonment as part OF the
sentence. Cooley was sentenced to pay q
fine OF $500 and be Imprisoned for six
months. The prisoner took the sentences
very quietly AMI was removed to the cells.
In support OF the motion Tor a new trial
In the case Of William II. Roblnaan against
the mayor ard Council OF Wilmington,
Charles b. Lore, ESD, read his reasons as
. follows: Il
/. That the verdict was against the law.
! 2. That the verdict was against the evi-
Deuce.
s, That the amount OF damages awarded
WIS excessive.
4. That the court erred In excluding from
the trial Jury, George Adele, a member oi
the panel, on the ground that he was citi'
zen and taxpayer Of the defendant corpor.
, alton.
s. That during the trial the plaintiff, VII,
liam II. Robinson, swore that the rupture
, he suffered from was caused by his aoel
dent in falling into the excavation 10 the
sidewalk on the night OF April 10th, 1898
and that he was not ruptured previous
! to this accident. That on the l7tt
the defendant learned that the plain
4 TIL had been ruptured seyeTa
! years before. by knowledge of the follow
ing fact That In June, 1882, Robinson
: went to Edwin O. Moore, and asked him K
! recommend him TO Mayor John r. Wales fol
the position Of turnkey or special officer a
the city hail as he was ruptured and wanted
/ an easy job. This evidence the defenden
was not possessed OF until after the trial.
From two witnesses who heard Mr.. Moor
a say that ne knew all about his conversation
with Robinson but did nor soy anythius
about 1t during the trial, az he did not con
] slider 1t his business. From the plaintin ant
4 other witnesses who heard theconversatiol
!, with Mr.. Moore, to the effect that the latte
!, was mistaken, as Robinson was not askin
. for tue position OF turnkey for himself Blu
rhis father who was badly ruptured.
7 Mi. Lore argued at length 10 support O
the molten for a new trial and MIR. Biz
vigorously opposed 1t. Decision was re
served.
William A. Smith was admitted as a mem
Der OF the oar on the certificate OF the com
mites that he had passsd a satisfactor
). examination, which was presented b
George Il. Bates. Esq.
i Court adjourned uatll O'Clock 10 the o.
o ternoon, when the hearing OF the applies
y tions for liquor licenses will commence.
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