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


jected to the testimony, but the objection
was over-ruled.
The witness then testified that he saw
Miller in Delaware City Thanksgiving
morning. William Neal, colored, testified
likewise. The defence failed to shake this
witness testimony.
William M. Householder, testified to Sec
ing Daniel Miller in Delaware City
thanksgiving Day about 10 o'clock.
Miller in Delaware City Thanksgiving Day.
He knew it was Thanksgiving Day because
he had gone cunning that day. This ended
the testimony in the case.
Attorney-general Nicholson asked the
court that the jury be instructed to bring
in verdict of guilty ii they found that
Noah Benson had been murdered by any
means whatever. He also asked that the
jury be instructed to bring in verdict Of
guilty il they found any one of tho
prisoners guilty of the murder, and the
Others, guilty of aiding and abetting in
the killing. I'D.
Deputy Encouragement Branch II.
Giles then made the opening address to the
Jury. He dwelt upon the fact that Noah
Benson was last seen in Delaware City the
night of the murder i'll the company of
George Henry HUT, James johnson and
others, and that Dan Miller was also seen
there that night. IL was not necessary to
prove the exact manner of death, or
whether the body found was Bensons or
not. Mr.. Giles spoke also of the CONVEX
sation between the prisoners in the cell at
Delaware City, and mentioned the fact of
the bloody garments being found under
their roof. Then the statements Of Daniel
Miller to Sarah Field that he ''cut id
niger TO death" were cited and the con-
Trajectory statement of Jim johnson and
Dan Miller were dwet upon.
MIR. Giles closed at 4.45 o'clock, at which
time court took recess until 10 o'clock
Saturday morning.
Peter L. Cooper opened for the defence
Saturday morning in the trial of George III .
HUT. Julia HUT, Jim johnson and Dan
Miller for the murder of Noah Benson.
Mr. Cooper asked the court to charge the
jury that they must be satisfied that the
body was that of Noah Benson before
they could bring in verdict of guilty of
homicide. He also asked the court to
charge as to the testimony of detectives
and the evidence OF experts in
the case. He concluded his argument to
the jury at IL o'clock, after giving u sum
mary of the evidence adduced i'll the case.
He also referred to the alibi which the
defence had set up, and held that it had
been unshattered by any evidence pro-
duced on the part of the State, and in con
clusion made this plea for the lives OF the
prisoners:
delaware loves her children and only
asks for their blood when the safety Of
society demands it. | leave their lives now
with you. Is there anything more like
omnipotence on this enrth than the power
you now possess You hold in the palms
of your hands the lives of four people.
The great Jehovah has constituted you the
Judges OF these people, and will hold you
accountable for every drop of blood that is
shed. Ii you were ever on the side of
mercy ask you to be on that side now.
Think, if Noah Benson should appear
in the flesh after the prisoners are hanged,
or the prisoner who really killed him, if
dead, should be found, how it would come
to your conscience. It would come when
you sit in tho midst of your family, and
would say that in a case of doubt you
showed no mercy.
How happy, on the other hand, if you
give your verdict on the side of mercy and
justice for the sake of humanity. We ask
for mercy which all ask for sometimes.
BE Just and merciful. have no doubt
that you will. Take this case with YOU
and may the Great Power look over you
and conduct your deliberations, and teach
you to show that same mercy which we
may all sometimes be compelled to ask
for"
Attorney general Nicholson then began
the summing up for the State and at 1850
o'clock court took recess until $50 p. m.
The Jury i'll the case of George Henry
HUT, Jane johnson, Dan Miller and Julia
HUT, for the murder of Noah Benson,
reached verdict in the oyer and terminer
court at 9.37 o'clock, Saturday night. All
of the prisoners with the exception of
Julia HUT, were adjudged guilty of muir
der in the second degree. Julia HUT was
acquitted.
The argument of Acknowledgement
Nicholson for the State occupied an hour
and a half, and was at times eloquent and
convincing. He reviewed the evidence from
the night of the murder until the appre-
hension and detention of the prisoners
His argument had powerful effect upon
the jury and was delivered with the skill
of q master.
Judge Grubb delivered the charge to
the jury, which lasted 40 minutes. He
read from manuscript rapidly and so dis
tinctly that no portion of the charge failed
to reach the jurors ears. He defined the
different grades of homicide reminding
the jury that the evidence adduced in the
case would only warrant verdict of muir
der in the first or second degree. The YER
dict could not be one of manslaughter, and
unless verdict of the first or second
n
acquittal. The jury retired at 4.45 O'Clock
and at 9.37 o'clock reached a verdict.
Judge Grubb was notified and went
Immediately to the court house TO receive
the verdict. The prisoners were brought
up from their cells and placed in the dock.
Their countenances wore look of anxiety
as they concentrated their gaze upon the
II men who held their fate in their grasp
Walter IL. Hayes, who had been depntized
ltf Iarl- Of tl,n II. -
and asked the usual questions as to whether
or not the jury had agreed upon verdict
The foreman OF the jury, James Geary, re-
pled
ave find George Henry HUT James
Johnson and Daniel Miller, alias "Red-
den," guilty of murder in the second
degree, and Julia HUT not guilty"
Mr.. Cooper, counsel for the defence, at
once asked that the jury be polled, which
was done, and every man answered that
that was his verdict. Counsel for the
defence said he would make motion for
new trial within four days.
After consulting with Judge Cullen,
Judge Grub remanded all the prisoners
until Monday at 10 o'clock, a. m, saving
that Julia HUT could not be legally dis
charged without n majority of the court
being present. The prisoners received the
verdict with apparent good humor, Daniel
Miller afterwards expressing satisfaction
that his fate was not death.
For the first time since the November
term, Chief Justice Joseph P. Comegys
appeared in the superior court Monday
morning and took his seat on the bench.
The members of the bar gave the usual
salutations to the chief justice and his
associates, Judges Houston, Cullen and
Grubb, by rising in body and bowling
to the court. The court acknowledged
the courtesy. Despite the fact that the
chief justice has been i'll for many
months his step was firm and steady
and he took his seat in the usual digni-
fed manner. All were delighted to soc
him looking so well after his long ILL
nnas and talananl 10 con Lin, In LII. M,