Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-06-09

hHSc, ilhk Dy INK, the chain oil clrcum-
stantial evidence about the prisoners. The
strongest link was forged ON Wednesday,
whonthe testimony concerning hepeculiar
button was given by Mrs. William Beck
and when DR.. Henry Il. Formal gave the
result of his examination of the blood
stained garments.
At the opening the court announced
with regard TO the blood-stained garments
going into evidence, that after careful con-
sideration and in view of the grave charge
against the prisoners, they would allow
The garments to 20 in evidence under in
structions from the court.
The State having rested, Mr.. Cooper, for
the defence, stated that after considering
the case long and well, he felt impeled to
ask the court to instruct the jury to bring
IN verdict of not guilty. lie stated that
The state had absolutely failed to prove
any venue and that they had failed to
establish the identity Of the body. There
was little Or no evidence upon the identity
OF the body, and the corpusdelecti lad
not been proven, lie claimed that there
was no testimony MS to where the crime
was committed or where the body was
found. With reference to the ideiltilica-
ton OF the body by che bulletin the hand,
Mr.. Cooper argued that there was no evil
dence to prove that that bullet was in
Noah Benson'a hand during his lifetime.
Attorneys general Nicholson replied and
| held that all the circumstances surrounding
this murder, including the last time this
man was seen alive, we're in Delaware
CITY IN this county. This went to cstib-
lish the venue in The case. Hu stated that
the murdered mans body was found in
the canal, which is III Delaware City, and
| the house where the garments were found
| was within 800 feet Of the canal
| Mr.. Nicholson then asked tho stenog-
rapher TO turn TO his notes and read the
testimony of the witnesses concerning the
| finding Of the body. The testimony was
read and proved conclusively that the spot
was in Delaware City, which is ia New
Castle county. lie claimed that the identity
| OF the body was proven by the peculiar in
| step of the deceased, the peculiar hand and
tbs pistol bullet in the hand, The nformu-
ton upon which the coroner's Jury acted
was a statement made to them that IL that
| was the body OF Noah Benson there would
be pistol bullet in his hand. The body
was exhumed aud the pistol bullet found
As to the corpus delecti, MIR. Nicholson
stated that there could not be any question
OF that, as the manner of death was clearly
| proven.
| Mr.. Cooper in reply stated that the crime
might have been committed III Maryland
| and the body thrown in the stream and
washed down the stream into the canal.
The majority of the court held that the
| State should prove venu in II case where
murder was ayerred, and that il was "A
matter for the jury to say whether or not
the State had proved the place of the muir
der in this ease.
MIR. Cooper then made his address to the
| jury and stated that he proposed TO prove
an alib in the case of two Of the prisoners
James johnson and Daniel Miller 1--WE
shall prove" he said, that james John
son was not in Delaware City on Thanks
| giving night, and That Daniel Miller was
in the city of Wilmington that night. We
shall prove that the Hutts were home ON
| Thanksgiving night and there are wit
nesses to prove this fact
Mary Wright, colored, was the first wit
ness called by the defence. She stated
that she was ut the house of George Henry
HUT on Thanksgiving Day and did not
sec Noah Benson there. Witness LETT the
house at O'Clock. She saw Georgia Smith
and Lewis Taylor there.
| In reply 10 u question of Mr.. Nicholson
as to how she knew what time it was, wit
ness said she looked at the clock.
Annie Davis, colored testified that she
| was at the house of the llutts on Thanks
| giving night, aud there were no others
there except George Henry HUT and Mrs
HUT. The testimony of this witness con
tradcted the statement of the former wit
ness for the defence, who declared that she
aud Georgia Smith and Lewis Taylor were
in the house that night between 7 and 8
| O'Clock. The witness is II sister of Mrs
HUT. She identified knife shown her by
Mr. Cooper as the knife belonging to her
| husband.
The witness was cross-examined by Mr..
| Nicholson, and said she did not see the
former witness AT the house of the Hutts
on Thanksgiving evening when she was
there.
Mary Davis, alias Long Jane" said !:
81 was at lIutt's house quarter of o
o'clock on Thanksgiving night | saw the
| lIuttS there, also Georgia Smith, Lewis
Taylor and Mary Wright. | left at 0
o'clock and went to supper in Polk
town.
Mr.. Nicholson brought out the fact that
witness was niece OF Mrs. HUT, and that
| when she left the house of the Hutts on
Thanksgiving night il was one minute to 8
o'clock. She did not know what WINS going
ON upstairs because she did not go up there
Lewis Taylor, colored, was ut the house
of the liutts on Thanksgiving Day and
night. lie saw Mr. HUT there ana his
wife. He saw "Long Jane' there and
Mary Wright. He did not see Noah Ben
son or Jim johnson in the house,
The witness was puzzled when the attor
ney-general asked him if he was at work
Thanksgiving Day. He thought he was
doing little something around Sadler's
wharf, but couldn't recollect what that
something was. He didn't know whether
| he ate his break fast before dinner or after
dinner. lie knew that he sat down OH
the steps after breakfast and leaned against
the fence after dinner lie saw Dan Miller
| that day. Miller was standing OH the cor
ner near Hickman's store. He recognized
Miller and stated positively that it was he
When asked what he went to the festival
for Thanksgiving night witness said he
| went there ITO git some chicken" This re-
|
laughter.
Mr.. Nicholson then asked the witness
"Did you not say May 9th last To Detective
Walter Witsil that you saw Dan. Miller at
| Mulligan corner Thanksgiving EVENING"
II don't remember" was the reply.
James Jester kept livery stable in
Delaware City previous to last November.
lie now lives i'll Wilmington. lie saw
Noah Benson in Delaware City about
O'Clock Thanksgiving night.
| On crosS-eXaminaIion witness said the
last he saw Of Noah Benson lie was going
up town between his stable and Bargher's
store.
George Smith, colored, lived at Delaware
City, He was ut the house of the Hutts
OIL Thanksgiving night. He saw the Hutts,
Lewis Taylor, Jane Davis. Mary Wright
and George Henry HUT. Witness is n
cousin of Mrs. HUT. lie was cross-ex-
aInined. He was the last witness called
during the morning.
Court took recess until 2.30 p. m.
The defence called Dir. Quillon G. Davis
| as an expert on blood, when the case of
George Henry HUT, Julia HUT, James
johnson aud Dan Miller for the murder of
Noah Benson was taken up in the oyer
and tcrminer court Thursday afternoon
The witness stated that lie was graduated
from the University of Pennsylvania in
1879. lie had studied microscopic exami-
ton and studied with Klein. He suisse
| nuentlY WINS graduated from the RnYnl