Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-06-02

l ~.
they listened to with rapt attention.
| encouragement Nicholson then adj
dressed tho Jury on the part of the State.
lie saiu "The grand jury of this county.
after careful deliberation, upon their
oaths have charged these prisoners with
the crime of murder; of numbering one
Noah Benson, as set forth in legal phrase
ology, which you have Just heard read.
You are jurymen empaneled from the
body Of this county, II good men and
true. 1t is your duty to pass upon the case
before you. You have responsible aud
solemn duty to perform, and when YOU
| well.'
Mr.. Nicholson then admonished the iu-v
10 near the matter patiently throughout
and advised them as to the different degrees
OF murder and with respect to unsuitable
| homicide. He said also that the State ex.
pected TO prove the guilt of the ~ isoners,
| ana II TINS was done o verdict In accord
ance with the evidence was expected.
- The attorney-general stated that the
State expected to Introduce the testimony
of one of the most eminent experts in this
country, DIR. Formal Of Philadelphia, who
hau made q microscopic examination of
tne blood stained garments found in the
house Of the liutts by the detectives.
Inc ilrst witness called was Dr. Frank
Dunlap Of Delaware City. He had pre-.
pared plot of portion Of Delaware City,
| which the State offered in evidence. The
defence offered no objection and it was
| allowed
Philip Bargher was the next witness. II
i've Oh Clinton street, in Delaware City,
he said. Bargher pointed out the SPOT
where he lived. 1t was about 100 feet from
Mr.. Prices store He saw Noah Benson
on Thanksgiving bay. lie came to his
house. He saw him that evening about
dark. Noah was drunk. There were
two men with him. One of them was
George HUT. Noah said to one of the
men I'm not going with you. I'm
afraid you'll throw me in the canal This
was little after q o'clock.
On cross.examination witness said it
was dark when he saw Noah Benson He
pointed out the spot on the map where he
was standing when he saw Noah Benson.
He was about 81 feet from Noah benson
when he saw him. George HUT WAS
about eight feet from Benson. Witness
did not know the other man. The other
man stood closer to him. He recognized
HUT by his white shirt. lie also stated
that he could tell HUT by. his size. The
other was small man. He saw Hutt's
face. The street lamps were not lighted
He could not tell whether the other man
was white or a black man.
Mr.. Nicholson-"Wa there any light
coming out OF the hotel which would aid
you in recognizing Hutt's face?"
YES, sir
did you hear Benson talking?"
''Yes, sir, ! heard him talking. could
tell HUT because ! knew him."
Nicholas q. Price-"l live in Delaware
City. live on Clinton street. last saw
Noah Benson on Thanksgiving evening.
was standing in my front door. / after
wards saw him going up the street. There
were three parties with Benson He did
Ia L. III
and Miller, the prisoners at the bar. The
men were hundred yards off. He heard
them talking, but could not recognize
their voices"
John g. Bargher II live on Clinton
street. | saw Noah Benson Thanksgiving
night. was in my store, heard some
one swearing. | said 4 bet that's that
Noah Benson | saw Jim johnson and
George Henry HUT with them. said you
had better take that man away. johnson
said: Well take care of him. The party
met two women at the corner One of the
women said, Hello Benson another said,
Hello Miller, Witness thought one of the
women was Ella King. He couldn't say
positively. The party then turned the
corner. That was the last seen Of them"
Mr.. Cooper then took the witness in
hand. lie asked:
'Mr Bargher. have you received any
compensation in looking up evidence in
this case?''
No, sir" was the indignant reply.
MIR. Cooper-"You say You saw some of
those persons go around the corner ?i
II did sir. did not see them come back.
! was summoned before the mayor at
Delaware City. testified, but did not tell
all | wanted to. | was afraid of the pris-
oners"
The prisoner became somewhat CON
fused under the clever cross-examination
of the attorney for the defence but his
testimony was not shaken in the main
lie was allowed to step down from the
witness box after the defence had con-
cluded its examination.
George Foord testified that he was the
boss OF gang OF men who pntroled the
banks of the canal at Delaware City. He
testified to seeing an object in the canal on
last Christmas Day and aIso on Dccem-
her Goth the day after Christmas. The
body was that of Benson's, he supposed
from its size. He did not see any object
in the canal the day before Christmas. He
did not think the body could have floated
in from the Delaware An object could
have floated down the creek, but it would
have taken quite swell to drive the body
up the canal.
On cross-examination witness said that
vesselspassed through the canal on Thanks
giving night. He saw the body after il had
been taken out of the canal. He did not
think the body bad been in the canal more
than two or three days.
Mr.. Cooper-"Do you think you could
recognize the average citizen of Delaware
City il his head was cut off and his body
stripped of its clothing2'
~ wouldn't like to say that recognized
the body by its size and shape"
The testimony of the witness was con-
cluded at 1855 o'clock at which time court
took recess until go p. IN.
1t was go o'clock when the trial of
George Henry HUT, Julia HUT, Jim John
son and Dan Miller was resumed in the
court OF oyer and terminer Tuesday after
noon.
William II. Steele, lock-tender at Della
ware City, was the first witness called. He
found the body in the canal, December
10Th. Witness got into skiff, and,
assisted by man named Cook, put a rope
around the body and made it fast to the
pier. He did not think body could have
been forced into the canal from the Della
ware.
On cross-examnation witness said it was
possible for a body to pass through the
lockers into the canal, but very rarely
could such thing occur. He said the
body was perpendicular when he found it,
The feet were in the mud.
Thomas Vail testified that he saw body
in the basin of the canal December 18th
last. The body was tied up. He also saw
the body taken from the water. There
was piece of drawers around one leg He
rather thought the corpse was the body of
Noah Benson. 1t would weigh about 1850
pounds. Witness knew Noah Benson for
about % years. Noah Benson had a very
peculiar hand. II was very peculiar and
long.
Edward Williams, colorcd, lived with
Edward Manlove. near Delaware City. He
knew Benson. He saw hin. the Saturday
before Thanksgiving. He was working
for James Jester that day. There was 4
festival Thanksgiving night. He attended