Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-09-24
CASES OF REAL INTEREST
FoY ACQUITTED OF ASSAULT AND
BATTERY ON HuRD.
Mrs. Margaret HukIn Tells Thrilling
story-Edward Demby's Heavy Sentence
Nathaniel Johnson's Revolving Crime

Nathaniel Johnson's Revolving Crime
Before the Jury.
Court was opened Yesterday afternoon
ct the usual hour, and Walter Bacon,
ESQ, addressed the jury for his client,
Thomas Smith, charged with stealing
watch and chain. He said he had proven
three things, that Smith had good
character, that he had spent some
money, presumably for the watch, that
he did not steal the watch because he
was not there. Mr.. Bacon's speech was
logical and convincing. Deputy Attor-
ney- General Davis spoke briefly and
Chief Justice Comegys charged the jury
A verdict of guilty was rendered.
Michael ]. Foy, charged with assault
and battery on William ii. Hurd,
pleaded not guilty through his counsel
John II, Rodney. William II. Hurd
testified that ON the evening of Septem-
Der 2 Foy assaulted him at his own home
in Dobbinsville. Hurd went home and
entered the house by the back door,
when his wife warned MIN that Fey had
threatened to take his life.
He went to the front door and found
Foy standing on the pavement, and said
do you want anything out of me-"
"You s--of q b said Foy, IN
blow your bloody heart out. The de
PENDANT drew a revolver and pointed 1t
at Hurd, who stopped down and picked
up brick to defend himself
Mrs Hurd fearing harm to her hus-
band went to the door, and as Foy pointed
the revolver, she stepped between him
and her husband. Then Foy said, "6eJ
out of the way. or I'll do the same to
you" Albert Gregg came up and tripped
the woman so that she fell. fainting with
nervousness and fright Mr.. Hurd and
Mrs. Hardy, a neighbor, carried the
woman inside. She has been In poor
health ever since. Mr. Hurd returned
TO the door, and ordered Foy off the pave
ment, when the defendant struck him
and kicked him in the face. This was
the story as told by the witnesses for the
state. Lawyer Rodney cross-examined
| the witnesses thoroughly and brought
out that when Mrs. Hurd tainted, Foy
called for Mrs. Hardy to help take her in
the house; that Foy and Hurd had had
trouble over labor matters previous to
this.
In Mrs. Hurds testimony she said
early in the evening Foy and Gregg
went by the house, and she heard the
i
her nervous all the evening She also
heard Foy talking Of "scabs" and allud.
ing to her husband as one. Gregg denied
that he saw Foy in the evening previous
to the fight. Robert Hardy testified that
he saw the latter portion of the fight
when Foy struck Hurd. He parted
them. The state rested here
Mr.. Rodney said his witnesses would
tell much different story, and called
Albert Gregg. The witness swore that
Hurd came on his front step and asked
If FoY alluded to him as q scab. Foy said
81 don't mean you any more than | do
any one else" Gregg came up to the
men just about the time Mrs. Hurd
tainted. He saw no revolver in Foy s
hand, but saw a brick in Hurd's hand.
Prisoner said TO him, Gregg, search
me and see whether | have a revolver
for these people are in the habit Of
bringing charges against others" The
witness aud others found no revolver
and he knew that Foy never carried one
After Hurd had taken his wife inside b.
/ came out and pushed Foy, telling him t,
60 away. Foy then struck him.
Court then adjourned and reconveneC
OF 10 o'clock this morning.
The defence continued its testimony al
court this morning Mrs. Rosanns
Owen, Miss Mary Hardy and William
Brown told the circumstances as they saw
, it, and corroborated Gregg's testimony
They agreed that Foy did not have pts
toll, and that he struck Hurd after Hurt
had tried to put him off the pavement
Two witnesses testified to Foy's goot
character. The defence here rested Th,
! state called MIR. Hurd TO ask il he be-
longed to a labor organization. ThC
question was overruled.
The speeches and charge to the Jury
!, were then made. In the charge the
chief justice said that the pointing of a
pistol was in itself an a. sault, ana if the
| jury believed that Foy pointed the pisto
it should render verdict of guilty. But
this was not all. Foy had no right OF
Hurd's pavement and Hurd had per
feet right to order him of and use fore
if necessary. Foy should have gon
without resistance and should not hav,
struck Hurd The jury rendered YER
dict Of not guilty.
The Gaze of Edward DENNY.
Edward Demby, the evil-looking negr,
charged with attempting rape on Mrs
Margaret Hukill, withdrew his plea oil
| hub Builb1t hAu culeASus b4EuuE4 HIS
counsel, William s. Hilles, a plea O
guilty as indicted.
Mr. Hilles said he had looked into th,
case and saw no other cause. ATTORNEY
: General Biggs stated that the sentenc,
for the crime was fine of 5000 to $500
80 lashes, one hour in the pillory, mo-
more than ten years Imprisonment
In order to give the court an idea OF tn,
necessary sentence, the prosectlng wit
ness.
Mrs. Margaret Hukiil was called I,
the stand. She is beautiful and pre-
possessing woman. and her will power
was evinced as she told the story o.
!, Demby's crime. The recital was at times
dramatic. especially in those parts where
she described her efforts to drive fast
enough to loosen the negro's hold OF
/ the carriage. Fer story was clearly
given, and briefly, was as follows:
ION the evening Of September 10,
was driving from Odessa TO Middletown
and near the bridge just out of Odessa
the horse SHE'D at something, but / did
: not know what Soon after this l fel,
something touch my feet, but thought {
package in the carriage had moved
Something struck my feet again, and tbs
idea flashed into my mind that someone
was on the back of the carriage. looked
out of each side OF the carriage but could
not see anything / hurried the horse
, and it went into brisk trot.
, II drove with the lines in one hand
! and the whip in the other, ready to repel
I - l..