Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-09-29
LAST EDITION
OYER AND TeRMlNER.
William A. Pierce Tried for the Death
of Walter j. PInlEett.

of Walter j. Plnkett.
The Court of Oyer and Terminer
opened at the New Castle County Court
House at 10 o'clock this morning. H. II.
Ward, ESQ had the writ OF possession
made absolute in favor of Patrick and
John Plunkett, purchasers, against Maria
+ Murphy, surviving mortgagor and exec
utor of James Murphy, and Andrew
Shilling, tenant. He received similar
rule in favor Of Jane Morrison. pur-
chaser, versus Elijah j. Tyson and wife
and James Ward and wife.
The MansIaughter Case.
William A. Pierce was charged with
manslaughter for the death of Walter j.
Pinkett. The reading of the Indictment
occupied ten minutes. The prisoner
pleaded mot guilty" The following
jury was drawn: Samuel A. Cranston,
William Simmons, Charles r. Dubell,
Thomas j. Middleton, Robert d. Burgess,
Lewis ]. Groves. Harry R Strobe, Will
liam M. Cloud, William Ii Smith, James
a. Patton, Harry H. d. Crossan, Frank
Mclaughlin. None of the jurors were
challenged.
Charles B. Evans represented the de-
fence Deputy Attorney-General Thomas
Davis opened the case by explaining the
circumstances and quoting the law in
relation to manslaughter. To point
fre-arm in jest at person Is regarded as
an assault. To discharge firearm. while
so pointing it, and causing q mortal
wound, is manslaughter.
Pierce was employed in barber shop
on East Front street. Walter j.
Pinkett, small boy, was also there.
Pierce pointed revolver at Pinkett and
pulled the trigger. Pinkett died from
the wound he received. Attorney Gen
eral Biggs conducted the examination of
witnesses.
Frank R. Carswell, the architect pre-
sented plot of the store where the
shooting occurred. Three barber chairs,
a counter and show case were indicated.
The money drawer was back of the
counter.
William j. Freeney, colored, the prin-
cipal witness for the state, was put on
the stand. He swore that he had carried
bod for twenty two years in this city
and had known Pierce for several years.
At IL. 30 o'clock ia the morning, he went
to the barber shop where Pierce worked.
A crippled man was in the chair and
Pinkett was in the store. The crippled
man was shaved and paid Pierce the
money.
Pierce went behind the counter to put
money in the drawer. The next thing
witness saw was Pierce standing at the
end of the counter, pointing pistol at
Pinkett and heard him say 'Look out or
I'LL shoot you" The pistol went off aud
Pinkett fell on his knees and screamed
three times Then he got up and caught
Pierce about the waist; then he stag
gered to the door and fell. The prisoner
said 81 did not shoot him he shot him
self
On cross examination the witness said
that Officer Burrows came in the shop
and found the revolver on the counter.
Pierce was crying. Witness had gone to
the shop to get cents which the pris.
oner had promised to give him. When
the shooting took place witness said to
Pierce, 'Great God Haven't you any
more sense than thatg" Then the pris-
oner deRied that he did the shooting
Officer Burrows was called by Pierce.
The prisoner was fond Of the dead boy.
Witness saw the fash of the
pistol and thought the ball entered the
left lung. He illustrated the manner of
pointing the pistol.
DR.. j. G. Fshey, swore that he made a
post norton examination. He found a
wound, made by a bullet, in the left
breast, which passed In downward di-
Fannie Descher swore that she was in
the yard adjoining No. 10 East Front
street, washing clothes on the day Pinkett
was killed. She heard the shooting and
went to the window and saw the prisoner
Freeney and the boy there Pierce was
behind the counter, the boy called out
once after being shot and then fell to the
ground near the door,
Officer Burrows swore that he had been
attracted first by noise at No 10 East
Front street and was called to the spot by
Pierce. He was holding the boy between
his legs 1t was only a minute and q
half from the time the shot was fred
until he got there. He did not see Free
ney, but he might have been about the
door without his seeing MIN. This closed
the testimony for the state.
MIR. Evans then made his opening ad-
dress to the jury. He said he would
show by other witnesses that Freeney
was not in the shop. Isaac Goldstein of
No. 10 East Front street was called to
prove the purchase of the pistol
from him by the prisoner, but his evil
dence was not admitted
Lizzie Fisher swore she had been walk.
ing along East Front street, and was
opposite No. 2. when she heard the
shot, She saw Freeney at that time
come down the street in the direction OF
the place. She was confident that he did
not 60 into the place. She thought he
was not sober.
Ferdinand Russell swore that he was
the man who had been shaved by Pierce
before the shooting The shot was fred
Just as he got outside the door. He did
not see Freeney there during the time.
Pierce had been shaving him. but he
might have been there as he took no
particular notice. John w NAPLES was
at Front and King streets when the shot
was fred. He went to the place, but did
not see Freeney there He saw no person
come in 0 60 out of the shop from the
timesthe shot was fred until the officer
came.
Isaac Anderson testified to a CONVERSE
ton in the cells of New Castle jail. where
he and Freeney were having a social
game of cards Freeney told him that
he had seen nothing of the shooting. On
cross-examination Anderson said that he
had been about twenty times in jail He
asked Freeney particularly about the
case as he is always interested in every
thing about law. The court adjourned al
! o'clock.
iron work, Frank A. Mitchell, Alb Sh pley
street,
st. Patrick's r.. @. Choir.
L. B. Preston has assumed the leader
ahfv, Of ST patrfnHiv n