Evening journal., 1892-06-02


criminal casesY' "Nes Fifty three
Have you ever testified in behalf OF
the prisoner "No / was connected in
one case; but | afterwards refused
you testified in the Lingo and Smith
casesY" Eyes
Did the medical fraternity agree with
you in the evidence you gave in those
casesg' 81 don't know neither do care
81 will ask you If you did not have
controversy with Dir. Wormey and other
leading physicians In medical society in
Philadelphia and If he did not tell you
that You did not testify properly and
without regard to human liiey' "No.
sir. -
Did not DIR. Wormley say TO you that
you had made statements in those cases
that We're not warranted by medical
learning on that subject and. that you
were either ten years ahead of the
science or testified TO what was not
trueg' mo, sir
"Did the men / refer TO agree with
your "At that time they did not, but
now they do. During the controversy
words were said for which these gentle.
men apologized to me most humbly
do you know Professor Marshallg
"Yes
did he ever say he did not agree with
yon in statements You had made In Ger
tain criminal casesg' "No, sir
He said that blood ii quickly dried
would remain i'm good condition for many
years. He had some blood thirty seven
years old che corpuscles of which were as
perfect as when first examined.
Cooper Where were you studying
them AT Berlin. | afterwards went
TO Heidelberg.
"Did You know that Drs. Wormley and
/ Keene have certificates from the authori-
ties of Heidelberg, denying that you ever
matriculated there and stating that they
did not know anything about youy
mo. ! do not
After short redirect examination he
left the stand The attorney general
then offered the knife and bloody gar
ments in evidence They were admitted,
notwithstanding the earnest protest of
Mr. Cooper who coutended that, with
the exception of the drawers band which
he was willing should be admitted, they
had not in any way been connected with
Noah Benson
The Jurors asked 10 be allowed TO take
a walk and have the New York papers.
The request was granted and the court
ing.
At 1910 o'clock this morning court re
convened The prisoners looked per
fectly composed although there was O
shade of anxiety upon their faces that
was not noticeable when the trial began
The attendance was much larger thnr
any other day since the trial began, the
negro element predominating.
It is Fight for Blood.
This is a fight for blood with almost the
same issues as those that characterize,
the schooner Long trial in whicl
Lewis C Vandegrift figured Peter /
7 Cooper, Jr. wanted to be deputy attoI
ney- general. 1t was promised TO him. bu
Z as the promise was likely TO prove em
barrassing to Mr. Nicholson iu bis chance
. | for ne attomcy-g gancralship. he rcleosc
4 him from IT, Branch II Giles got tn
place and it now remains to be see
e whether Mr.. Cooper viii win the cas-
against his friends the enemy.
The Garments Admitted.
As soon as the court was called Judg
! Grubb formally announced that TN
court had decided TO admit the blood
, garments subject to the charge of tn
court in that respect
, Attorney General Nicholson informe
{ the court that the state rested
Wanted a Charge of ''Not Guilty"
I Peter L. Cooper, Jr. counsel for d.
! prisoners. Immediately asked the cour
to charge the jury TO bring i'm a verdict
of not guilty without further delay, a
the state had utterly failed to prov
the corpus dilech or venue
! Attorney General Nicholson objecte,
i He said that the body was found in Oh
canal at Delaware City within 200 YARD
+, of the house of the prisoner Benson Ia
Z been seen in the company of the prisoner
the night of the murder and bloody ga
: ments were found i'm the hous
e He said that venue had bee
= proven by three witnesses for tn
y state and especially by Mr.. Steele. III
y body had been recognized by Messr
IS Steele and Vail, before their attentio
S was called to the fact that Noah Benso
had been murdered The instep wa
arched; that is not common to n
4 African race the hands were long am
n tapering and the chest development prl
:. nounced. I'm addition TO that there w,
the pistol bullet in the left hand
il Cooper-"The court ruled that out
Nicholson-"lt did not rule 10 out
SIMPLY ruled out lle question as
II whether the pistol bullet corresponds
/ with the calibre of the pistol shown b
" Benson to Leonard g. Vandegrift Bloc
stains were found upon the knife an
d bloody clothing in the house The bloc
d was not inconsistent with human blood
'r Cooper-"The place of the killing HI
St not been proven. The murder mgl
n have been done i'm Maryland and the boo
tossed into the canal and iloated ini
W Delaware
he Nicholson-"If your honors please he
rs is decision which provides that if
body be found i'm a river i'm the heart of
county it may DE taken for granted thi
o., venue is proven.
Cooper-"rhis decision is a Texas on
-, and in many of the Southern stat
venue does not have TO be proven as
l- this state. Ny contention is that Il
3, state has failed to show that the erin
was committed in this county.
n The Judges Decide for the state.
After conferring, the bench refused
1t grant his request, saying that as the
e. were circumstances, if not positive e'
n dence, TO show that the crime was coi
mitted in this county, the matter shou
m be left TO the jury, as well as the corp
ne delicti He then ordred Mr. Cooper
i 80 j. IL. 9.