Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-11-27

The trial of John d. Farra for TN
iktlllng OF James Devine, was continued
ny yesterday afternoon weeks court.
{Joseph A. Baumann, proprietor Of til,
t1eEnEylyania House, In whose bar-roon
the killing occurred, gave his version O.
the affair. 1t agreed with that told by
ms bar-keeper, Caspar Conard. He saw
Fnrra first strike Sparks, who ran away
While he was engaged with Sparks
who tried to get behind the bar he saw
motion in front of the bar, as of some
one striking a blow, but whether this
motion was made by Farra or Devine
ne could not say. After he succeeded
INJECTING Sparkle out of the bar-room
ne saw Devine lying on the floor, but
dld not think he was dead until after
they got him moved to one side Of the
room. lie did not see Farra strike
Devine, although he heard Devine fall
TO the floor He thought that Sparks
and Devine were both drunk when they
came to the place, but he did not hear
nevine say a word from the time he
came into the room. Farra was per-
fdctly sober at the time
Dr. j. Q. Fahey, who was coroner's
physician and made the post mortem
examination of Devine's body, said that
death was due to conclusion of the brain,
caused by the blow on the back of the
head received when the man fell to the
floor. The heart and lungs were in a
healthy condition. From the condition
in which the brain was, the fall sus-
tanned by the man must have been a
very heavy one. There was also a slight
abrasion on the left side of the face. On
cross-examination the doctor said the
mans intoxicated condition made him
more susceptible TO fatal result from a
fall of this character.
Otto nj. Elwert, who was in an adj
joining room when the disturbance
began, went to the bar-room and ar
rived there just as Sparks was getting
up from the floor after having been
knocked down by Farra. He saw
Devine advancing towards Farra, who
was near the end of the bar. Deyine
had his arm raised. Farra saw him
and turning around gave HIM blow or
pushed him, when DeYine fell to the
floor Then the witness ran out to hunt
u policeman and notified Detective
Jones' When he came back Deyine
was reclining in one corner of the bar
room.
:, Court here adjourned until 10 O'Clock
Thursday morning.
During the afternoon the following
prisoners were arraigned
George Clark, for the larceny of a
pair of rubber boots from Michael HAYES.
Pleaded guilty.
Clara Lewis, colored, for the larceny
of 81 from Mary Soloway Pleaded
guilty Sentenced to one month in Jail.
Ebenezer Fonso, colored, for the lar
ceny of two sheep from car on the
r., w, & B. railroad, at Townsend.
Pleaded guilty Sentenced to one
months imprisonment, without any
lashes, on proof of this being his first
offence.
George Wilson, colored, for burglar
iously entering the house of John Pyle
in Wilmington, and stealing hat.
Pleaded not guilty.
Martin b. Moody, for attempting to
burglanously enter, at night, the house
Of Henry Torbert, at Middletown. |
Pleaded not guilty.
The grand jury came in Mt o'clock,
and having completed their labors were
discharged until the February term.
The grand jury yesterday week
i. Cotton, inspector of the general cleo
ton Of the Twelfth election district,
for refusing legal vote and accepting
an illegal vote at the election. In court
Thursday Benjamin Nields, counsel
for Mr.. Cotton, asked for continuance
OF his trial until the February term, on
the ground of the absence Of a material
witness.
Attorney general Biggs said that the
alleged were of a very
grave character, particularly that of re-
fuslng to accept legal vote, and if this
case could be tried at this term of court
without prejudice to the accused he
wonld like to have it tried.
MIR. Cotton was sworn and said that
the absent witness was J. Eldridue
Pierce, without whose testimony he felt
mat he could not safely go to trial in
either of the cases.
Mr.. Biggs asked Mr.. Cotton if Pierce
was at the polls when the Italian whose
vote was refused attempted TO vote.
Mr.. Nields objected to the question,
MIR. Biggs insisted upon the right TO in
luire into the materiality of the absent
witness, but the court refused to allow
his inquiry. "If you prove that the
witness is not MATERIAL" said the chief
ustice "then you can indict the accused
ior perjury" The court granted CON
inuance until the February term, Mr.,
Cotton being continued under bail until
hat time.
The trial of John y. Farra for the
Killing Of James Devine was then re-
,umed. Detective William T. Jones
estitied that he was hastily summoned
o the Pennsylvania House on the night
levine was killed, and on arriving there
ound Devine in a corner of the bar
oom. He was still alive but his pulse
vas beating very family and he died in
bout five minutes.
Frederick L. Herr, boarder at the
pennsylvania House. who was in the
esding-room at the time, saw the occur
enee from the time that Sparks was ,
Knocked down by Farra. After Sparks
crambled up and got out of the bar ,
DOM, he saw Devine advance towards
Iarra and raise his clenched fist. When
levine had taken two or three steps, {
which brought him pretty close to Farra,
he latter turned and pushed Deyine,
Who fell to the floor.
The witness held to the opinion that i
,arra's movement was push and not t
low. The encouragement took out !
is notes Of the witness examination in !
is private office, which attributed to
i'm the declaration that Farra had :
truck Devine. The witness said he q
ould not remember that he used the G
ord strike on that occasion. But now
was confident that Farra pushed the b
eceased and did not strike him. He
1ded, however, that Devine was hit on
lie left cheek, He saw Devine fall to c