Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-02-11

when Judge Grub began delivering the
charge to the jury. Hospoke 40 minutes,
during which he went over tile law in
the case, carefully summarized the tcsti-
mony and impartially charged the jury.
Immediately thereafter The jury re.
itired and the prisoner was led back to
his cell.
AT 19.45 o'clock Charles II. Blackson,
colored, was arraigned on the charge of
having committed rape ON Mary A. Lee,
also colorcd, to which he pleaded not
guilty. William Michael Byrne was as
signed to defend him.
Recess to $50 o'clock was taken.
In the county court Tuesday, right
after noon recess, several prisoners who
md pleaded guilty were sentenced.
Milton johnson, obtaining goods under
false pretences, was sentenced to paw
costs of prosecution and be imprisoned
two months. William GALLON. en-
bezzlement of a small sum of money
from Charles l.. Meiller, was sentenced
to pay costs of prosecution and be i'm
prisoned three months. His counsel,
Victor b. Woolley, made an appeal in
behalf OF his client, stating it was his
flrst offence, and in consideration
thereof the sentence was made lighter.
John w. Benson, colored, Gambling,
was sentenced to pay costs OF prosecu-
tion and $500 fine and in default thereof
be imprisoned three months, despite the
appeal OF his counsel, w. r. Smalley,
Jr, who stated his client had been in
Jail some time and could not pay a fine.
Edward Beeson, colored, larceny, was
sentenced to pay costs of prosecution
and So restitution money, be imprisoned
three months and be whipped Saturday
with five lashes. William d. Glasco,
colored, lottery policy writing, was SEN
fenced to pay costs of prosecution and
$500 fine and in default thereof be i'm
prisoned three months.
BLACKsoN's TRIAL POSTPONED.
William Michael Byrne, who had
been assigned by the court to defend
Charles II. Blackson, colored, charged
with rape, stated that in justice to him
self and the prisoner he could not
present the case before the May term
and asked for q continuance until then
Attorney general Biggs said he did not
object. Judge Cullen explained that it
is rare occurrence for a capital case to
be postponed and declared that in his
long practice in Sussex county he knew
of only two such cases going over. He
would grant Mr.. Byrne's request, he
said, but he desired il to be understood
that this instance is not precedent.
BLAcKBURN's AoQITTAL.
At 3.05 o'clock the jury In the Black
burn murder case came in and the
prisoner, looking anxious and frightened
was put in the dock. Immediately
there was intense silence. After the
usual formalities the foreman of the
jury announced verdict of not guilty.
Meanwhile Blackburn's three sisters,
who were in an ante-room, were noti-
fled verdict had been reached and in.
stantly the despairing creatures, un-
mindful OF their surroundings, prompted
by their love for their unfortunate
brother and thinking of naught save
his fate was about to be pronounced, ran
at full speed the entire length of the
main aisle up to the bar of the court,
which they reached just as Judge Grubb
was repeating the verdict. When they
heard the welcome words they could
not restrain their feelings longer. One
burst into tears and the other two, more
demonstrative, threw back their heads
and wildly clapped their hands. This
outburst of emotion thrilled not only
tho court and the spectators but the
prisoner, who during his long trial
seemingly was devoid of feelings, The
poor girls were prevented embracing
their brother by the whispered
admonition of the court crier
to create as little excitement
as possible. Next the prisoner was in
formed that he was free and could go.
After thanking the court and jurors and
shaking the hand of Mr.. Ward, his de-
fender, and thanking him also, Black
burn departed followed by his relatives
and host of acquaintance For short
time thereafter Mr.. Ward was sur
rounded by members of the bar who
heartily congratulated him for his able
defence. Before discharging the jury
the court sympathizcd with it for having
to sit through such wearisome trial
and thanked it. Immediately after re-
firing to agree on verdict the Jury
took ballot, when IL jurors voted for
acquittal and one juror refused to vote.
Before voting he wanted certain testi-
mony explained. Explanations fol.
lowed from then until about 2.45 o'clock,
except during the intermission for dim
ner. After dining the jury concluded
not to hurry in reaching verdict and
took things easy until 2.45 o'clock, when
a second ballot was taken. Then the
juror who had asked for information
explained that he had favored acquittal
all the time and was now ready to vote
for acquittal, which he forthwith did.
PATRICK +. SHIELDS SLAYER.
Next a jury was drawn and sworn to
try Amor ii. Burnett, the slayer of
manslaughter. Through his counsel,
Levi @. Bird, the prisoner pleaded not
guilty. IN opening the case the attor-
ney-general stated there is no doubt that
Burnett was insane when he killed
Shields and is insane still. After quot
ing the law in the case he asked the
jury to render a verdict of not guilty by
reason of insanity.
Henry II. Brown testified to Burnett
meeting him on King street and asking
him to take him to the station house.
He also told of the prisoners queer
actions the morning of the murder.
Police Sergeant j. G. Wigglesworth
related some of the hallucinations under
which Burnett labored.
DIR. Leonard Kittinger declared Bur-
nett has been partially insane three
years and entirely insane three months.
His atfliction, he stated, is softening of
the brain. The doctor could not say
whether the disease is permanent. Bur
nett might recover, but that is doubtful.
DIR. J. Hammer Rile said he regarded
the prisoner eccentric previous to last
summer, when he lost sight of him. He
mentioned some of the eccentricities and
spoke of consultation the Sunday