Daily Republican., 1889-09-20
FIFTH Edition
C0art ThIn NInrn,,, M.

-. . ~ ~ oclock thia n,,.
,srs ,sr, wi'a the sane Judges present !, S'' y.
Immediately after the openl,. n
brown, eoloted. was place in ,t hiiT
and pleaded guilty TO an il, .ne s0st
charRing him with the larceny ~ s'nsri
coat AID a pair OF field glass. i, ~ ~ ~
vester q. Downs OF st. Ge rpe. na hon' "
lie was sentenced u pay tj6 ,oS,'
money, the costs OF ths nro.rn,V ,Viuua
imprisoned three mon bs ,nl ,,iSn as
DAY be whipped with five la.hes ''as
John Manner, alias Charles b.v,.,
plssded not guilty to Az IpIis,v
charging him with the larceny ',',si oi 0a"
tity Of horse and cattle fool r5qf qIf
sl.44, ircm Thomas Duffy, A'uua
james Murray, coloreI nl.,,.,
guilty 70 a charge OF the larc.py ol ~ ~
iron Tbonas Green. VI VIA
Tue Case OF the Stale vs.. sarr1
was then resumed, anil John n ~
Wuor.er, who was on the stand w.
court took recess last evening. VA,
called. lie was asked several ons,,.'. &
by Mr.. Harrington, after which h. ~
subjected 10 long Gro .s.exlmIp,iio,I,
Attorney General Bipgs.
Lucy Peo, y daughter Of tia n,,.,,.
was called, snd said that the /, 4 ~
years old.
Attorney General Biegs objected i'm
ceising her testimony on account nj ~,
tcufer years. :"
The Chief Justice asked ,hs ain.
What wonii become of you Il ya
~ wonld 20 to the dcyil, " she p,om,.
ly replied. f''"R'
He then directedthat she .opn \.
sworn, after which she testified tbst ~
was at her fathers store. Front and NJ.
ket strseis on Saturday, Nav IT. ID.
father WAS fixing bis segsrs, when ira
| colored men came In, one OF whom b,S
some hsh. He told bef father that i.
wanted IS cents for the f,h. ami he III
1t was too much. Tue man with tbs Al
then went away, aud Awoman came a,
and bJught some dates, The other coI.
ored man took two gars, snd her father
and him bad t'ouble about them. 'Thara
was no one ia the place Al the TINA bpt
herself aud little sister.
Sewell b. Scott testified hlhe wa. a,
the store, southwest cUruer Of Front and
Market streets, and was about u % 10
bis dinner when the fight TOOK pns
He saw the Italian backing tox1taNs
stand, with the coored man ioIlovIur
and striking at him. The Italian seemed
To be trying TO get back to hi, stand, md
when they reached the street car lntk
they halted. The colored man h.lsi
the italian In the stomach twice, auih
made o lick at the colorcd man, but liz
| witness did not know whether hc stsf
| him or not. Prevlou to this the wtnts
| did not know that the Italian hsi snE
thing In his hand. As soon as he s,rusk
at him the colored msn seized the lAld
by the arm, and when he | eDdth
hold he struck the colortd man % d.
head with the pick They Il 60 caashd,
and the colored man thres The ltAlAs !,
the ground with considerable ieka
! After the stAbbing 1t took several mea 10
1 pull the colored map of.
II seemed TO the witress that the Iil.
Ian was acting on the defensive I'll
through, as the oolored man was maA|
larger ard more powerful than be wa
Attorney General B'ggs cross-erauL
ned this witness at len Sth, aud he seiaet
relieved, whom at last he was allowed vi
lesve the stand.
DIR. Wallace was called, and Snia
that when he was summoned to the ON
Hall to attend 10 the cOiore1 man less
also requested 10 see The Italian, n
complained Of pans IN his stOnabd
chest He could not lind any osuA
evidence Of Injury but prescribed "a
dative as the man seemed very muchG
cited.
William frosty, colortd, testiSed thh
on the day Of the homicide he WAS driving
By the place of the prisoner with saaS
castings, and stopped to get toIne dgan
He saw Edwards at the place qaltslng
about something. The witness wa ~
customed to stop at Peo's every morning
to get his tobacco and cigars. lie ilea-
tiled the shirt and hat produced bf Nj
Harrington as those worn by the prison
er the lssl time he saw him.
On cross examination by Mr.. BisgAM
witness said that he was 10 the plaa
about five minutes, and saw lWsrlsha
another man there. He did pot hn
Edwards call tie italian son OF ~
and was certain that II he had done 20, y
would have heard him. ,j
This wfs the last witness called nI lh
defense, and William X. Long OF ~
REPUBLICAN was called In rebuttaL :,
Mr.. Long was foreman OF the coronei'
Jury in the case, and at the request OF ~
Attorn Y General took very close n0a
of the testimony. lie was alefEhA
requested by Mr., Harrington TO ilfasa'
copy OF the evidence for the deleAS
which was done. ..,
MIR. Biggs read TO the witness I'M
part OF the testimony of Manuel Ncafa'
berger given before the jury, W1s
stated that the Italian had seized tle als
pick and made pass at the coloTel ~.
before he threw the stone, and Tue "l'uss
stated that to the best OF his AHo"eSp
and recollection this was correct
Mr.. Harrington then said the te;t'noI aa
furnished hiln by Mr.. Long was IVY
ent, but WHIT he read It 1t was icusa. ..,s
be substantially the same, buI sis~,
dill. rent In the M amer In wren 4.
worded, which the witness eIpIansu X x
saying that both copies had been -
| utb hobNr1 pbN N'H a
weeks had elapsed before he haN"'
second copy. J., al,
Lewis Hayden testified that no "a h
Manuel Richenberge aud tha' ~ a. A.
rot come out Of bis hotel until avg, nsa III Vi
men had come together, ahd leD =.
stabbei Edwards 1t will De ia "a
bercd that when Mr.. Rcheneerga ", ~
on the stand yesterday, he tes'lnai -, IA
he saw the commencement OF the "O"
lni everything about 1t. -,,.. "A
The Sta'e closed with this "iI1ess' ~. m
Attorney General Diggs opened lGs Gs.,s Z
ment for the State by asking tle .U% ,'ai,s.
instruct the Jury on the following pa,I.l VI.
| /. With regard to the plea oil seu ", 4,
fcnse; the jury in order 10 "sS w. b
prisoner must bslieve that he W., "" ,id
saulted: hat he declined to comUa1 ,oa,ss Ii
he was in imminent danger oil io'' I'M
own life, or sustaining enofhovI,S ',,,S M
harm, from which tanger he cou.1
escape by killing his assailant. !, n