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

| - 'tAtS upon tllt llDOI
the State rested.
Mr.. Sanborn opened for the defence
and claimed that the killing was acct
dental, and further that Farra acted q
ne had perfect, lawful right to act.
me nrst witness was Jacob Ehret,
poarder at the Pennsylvania House
who was sitting in the reading room
when the bar-room fracas began. III,
opened the door and saw Sparks tryinl
to get behind the bar and to take Iii
oVereoat of. Farra advanced towards
Sparks and Devine was standing abou
four or five feet from the lower end 81
the bar. After Sparks ran out of thu
room Devine advanced upon Farra, witt
his hand raised and fist clenched. Fairs
stood at the Water street end of the bar
with his side towards Devine, and as the
latter was about two feet distant Farrs
turned around, saw Deyine, gave him q
push with his left hand and then turned
around in the direction in which Sparks
had gone.
The witness said he had full view
Of all these proceedings and was con.
fldent they happened Just as he had re
lated. He also fully illustrated the &C.
currence, with Mr.. Biggs representing
Devine, and his action was backward
swing of the left hand, bringing his
clenched fist close to the attorney
generals left check.
The prisoners reputation for peace
and good order was attested by DIR.
Willard Springer, Thomas j. Talley,
Charles w. Horn. j. ID. Sisler, George
W. Bush, Francis N. Buck and Charles
G. Rumford.
The defence then attacked the char
acter Of Harry f. Sparks, the chief pros
ecnting witness for the State. Harry
Walker said that Sparks reputation for
truth and veracity was bad, but that he
would not say that he would doubt his
word under oath. He added that he
had had trouble with Sparks, who bor-
rowed baby coach from him several
years ago and never returned it. Henry
w. Chairs said that Sparks reputation
was bad and he would not believe him
on oath. Mrs. Amanda Seaman, who
lived next door to Sparks for several
years, testified similarly. She also once
had trouble with Sparks, having loaned
nm u dollar about nine years ago which
he refused to pay back.
The defence here rested. In rebuttal
the State called Officer Sherer, who
said Sparks reputation for truth and
veracity was good as far as he knew But
he had heard some people say it was
good and some say it was bad. Harry
r. Rushton had known Sparks for 30
years sand considered his reputation
good. Officer Raymand knew Sparks
but never heard his reputation oues-
toned. These witnesses were picked
up at random in the courtroom by the
encouragement
The State then closed and the attor-
ney general addressed the court upon
the legal questions involved in the case.
He then made his opening address
briefly to the jury. He was followed by
Mr. Sanborn, and when he concluded
court took recess until 2.30 O'clock.
Argument in the case of John ID.
Farra, charged with the killing of James
Deyine, was concluded at Thursday
afternoons session of court. Andrew
II. SGnborn spoke for the prisoner and
was followed by Levi G. Bird, Esq, who
made an able argument OF an hours du-
ration. Attorney general Biggs closed
for the State and spoke until 4.20, when
court adjourned until 10 o'clock Friday
Encouragement Biggs finished his ar
gument for the State in the trial of Johy
ID, Farra for manslaughter, at Friday
session of court, and the Jury was
charged by Chief Justice Comegys. The
charge held that there was no doubt that
the deceased was struck by the prisoner
and fell to the floor, receiving injuries
which caused his death. The question if,
whether the prisoner, by his act, is guilty |
If IuunSID1Cbtnr This 10
whether he was doing lawful act or not |
when he struck Devine. And this depends |
Upon one thing. Had he sufficient warm |
ng Of Devine's approach upon him, in a |
nenacing attitude, to get out of the way
md avoid him? If he had, it was his duty
q do so. man has no right to wait for
N attack and then resist il. He must get
lttack he invites it, If he had
lot time to get out of the
way, he had right TO lise enough force to
opel the expected attack and no more If
le had chance to get ont of the way he
rad no right to strike Devine, but if he
ould not escape, he had right to attack
levine, and if the force he used was only
to the force of Deyine's at
ack upon him, and no more than neces-
airy to resist the expected assault, then he
] not guilty. But if he could have avoided
levine's attack and did not, then he is re-
ponsible for the consequences of his blow.
The court refused to charge the jury that
hey might acqllit the prisoner Of man
laughter and convict him of assault only
requested by counsel for the defence
nd said if the jury could not find him
utility as indicted, they should acquit him
he jury were further instructed to give
he prisoner the benefit of any doubt in
ne case.
At II O'Clock the jury retired
Jury. was next called To try Martin V.
loody, indicted for burglariously entering
nc residence Of Henry Talbot of Middle
lwn, early on the morning of November
ith, with intent to commit larceny.
equity Encouragement Davis for the
late and J. Frank Biggs for the prisoner.
Moody was 4 well-known citizen of Mid
Ietown, and his detection in such an of
nee created great surprise in the town.
II. Talbot told how, being aroused by his
'rvants SUNDAY morning week he made an
lvestlgation and found Moody on the
lof Of his shed kitchen. The shutters of
second story window looking out upon
lie shed roof had been forced open, win
NV light broken out, and some nails with
hich the window had been fastened down {
lthdrawn. Nothing had been taken
ON the house, Oliver Caulk and Sadie
reen, colored, who were in the house at
le time, gave corroborative testimony.
Mr. Biggs claimed that the State had !
lied TO prove that the prisoner broke the J
indow or made any attempt to enter the Z
1use and asked the court to instruct the S
~ to render a verdict of not guilty. Mir.
Sgs also claimed that the State had not J
owed that there was anything in the !
'use the subject of larceny, as alleged in
e indictment. I
Mr.. Davis held that it had been proved
at the house was the dwelling place of e
r. Talbot and that the room where the a
indow was broken was occupied 1t fol
wed, as matter of course. that the I
'use necessarily contained articles subject \
larceny,