Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-01-26

Gases Taken Up--Only Three gases
Heard.
Argument in the Carr murder case was
resumed yesterday afternoon waiter
II. HAYES for the defence, closed. de
was followed by Attorney General biggs.
he said
meningitis was not caused by alco
holic excess; DR.. Wales did not say that
If the murdered man had had proper /
treatment he would have recovered. 1t
won't do for my learned riend TO come
here and ask that justice be cheated /
out OF her just deserts upon such a fiimsy |
plea.
"a law has been broken. DIR. Block |
SONS testimony is worth nothing. It Is /
a disgrace to him and the profession. If |
he cannot come into court of Justice |
and give q better account Of himself, he |
had better stay out
81 say that Carr was not too drunk to |
know what he was about The evidence |
shows all through that he knew what he
was about. Be could not have chased |
Basso as he did If he was as drunk IS
they say he was. But If all man has to
do to Justify murder robbery and out
rage, is t. get drunk, what are We com
ing TO- It matters not whether this man
struck him or Long struck him, II he in
teaded TO kin him he ID guilty Of murder
in the FIRST degree. A tin can Is deadly
weapon If used as such.
without q word OF warning Basso
wes struck from behind, the wounds
were the cause of his d cath In fights Of
this kind witnesses will differ in details
It would be remarkable If they did not.
"Crimes like this must be punished
Antonio Bssso lies in his cold grave In
lonely churchyard No verdict you can
render can bring him back. No judgment
can right the wrong Il Is not for the
dead, il is for the living that
plead MEN like these must be
punished as an example to
prevent others from doing likewise
If this man is not convicted under such
evidence as this il il sad day, and a
sad day, indeed, for the people of this
commonwealth
JUDGE GRUBB's CHARGE.
At 4 30 o'clock Judge Grub charged the
jury as follows
Whether you find that Carr struck the
blows which caused Antonio Basso's death
or that he was aiding and abefting Long
10 the commits iop OF assault which caused
Basso's death. he was equally guilty.
Urdsr the Indictment you can turn an
lHNtGfWE0t OF NicH6t JIG nfnb DH huE
second degree or of manslaughter If the
evidence seems to warrant you in such
a verdict He defined the two degrees
Of murder and manslsughter and said
that it was shown that Basso received
wounds a. McMahon's saloon on Novem
Der IA and no other wounds were proven.
Theipost morten physicians testified that
those wounds caused death. 1t Is no ex
cuse to show that the wounds were
neglected, unless it Is shown that be
died not from blows or the wounds but
from the medicine administered or his
own misconduct. What constitutes q
deadly weapon depends upon the cir
cumstarces.
JURY OUT ALL NIGHT.
The jury retired at 10 o'clock ant
were our al night Judge Cullen waited
up until 10 o'clock to receive the verdic
and discharge the jury, but his services
were nov needed.
A VERDICT OF GUILTY.
Al midnight the jury arrived at YER
diet Of manslaughter and all turned II
and slept the sleep Of the just.
AS soon as court reconvened this morn
aug the ilry fled into the room and tn
foreman announced the verdict. Judg
Grub di charged the jurors until mex
Saturday morning.
ASKING FOR MERCY
Walter b. Hayes. counsel for Carr
arose and requested the court to mitigat
the sentence in view OF the fact that Car
had already been in jail for about yea
The maximum sentence was, he said
Eve years.
The court took the matter into consid
Grafton and sentenced the prisoner {
50 900 fine. costs Of prosecution, an
four years Imprisonment.
The prisoner was taken to New CAST
to-day.
LICENSE CASES TAKEN Up
This capital case disposed OF, the CouI
Of Oyer and Terminer al burned. and tn
Court Of General Sessions and of til
Peace and Jail Delivery began its col
siderstion Of the license applications
The number to be contested by the La
and Order Society is much smaller tina
usual.
REMoNsTRANCR AGAINST MEL MELLIN.
The FIRST applications again st whic
Lawyer Prickett turnd his guns wa
that Of Thomas Craven, at the south
east corner OF Elm and Van Bure
streets II is q nav place and Is oppo,e
byathe people Of the Baptist Church nes
Nnere. Several witnesses wei
called BY W. F. Smalley to prov
the necessity for the saloon
and Mr.. Prickett prosecute
several witnesses in rebutta
He claimed that a saloon there was q,
only unnecessary but menace to IL
public moral and spiritual good
ANOTHER NEW CASTLE KICK.
Mr. Prickett put on his ten.leagr
boots and jumped from Wilmington
New Castle. He wanted TO pay his r
spects 60 Martin Leonard, who wants /
dispense the fiery beverage
John 4, Rodney. attorney for Leonar,
expressed his surprise. he sail th,
nothing had been filed against the appl
caticn, and he was not prerared ri ma,
Mr.. Prickett's attack.
In reply Mr.. Prickett said that IL -
not his desire or intention to take N,
Rodney by surprise. He simply wante
to call the Court's attention to its ow
records. which showed that Leonard hs
been refused license at former session
He considered 1t his duty to call the a
tention Of the court to the matter.
AGAINST A NEW APPLICANT.
This Of applicant disposed of he sgS
turned his attention to the new place
The application Of Mel Mullin, wi
wants to keep a place at the northwe
cor ler OF Water and Market streets, vi
objected to- The reasons assigned we
hat