Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-04-28


journed at $50 o'clock.
DOVER, April 25.-.Judgo Grub de-
livered the charge TO the jury in the case
of the State VS.. John Richardson, the
alleged Milford burglar, charged with an
assault on Constable Charles w. Smith
with intent to murder, at 1915 o'clock
this morning. 1t was quite lengthy
consuming about three-quarters of an
hour.
Judge Cullen dissented. lie arose
and said that Constable Smith and the
other men were trespassers, and had no
right whatever to arrest the men. He
also said If the men who were suspected
had killed Constable Smith, or any of
his companions, they could not have
been convicted Of murder in the first
degree.
Judge Grub, in his charge to the
jury, claimed that any person could
make an arrest on reasonable sus-
picion.
The jury retired at II o'clock.
Dover, April 25-At the opening of
court yesterday morning with Judges
Grubb and Cullen on the bench, the first
business was the charging of the jury in
the case of John Richardson the alleged
Milford burglar for the assault on Charles
W. Smith. The result, us stated in yester-
days EVERY EVENING, caused considerable
surprise, for the jury received two charges
instead OF the customary one. The jury is
composed of the following persons:
George. NJ. Stewart, Matthew Kemp, .Ir.,
Samuel d. Hancock, Henry Martin,
Robert, II; George, james b. Emerson,
John NJ. Eisenbrey, James Keith, Mat
thew Ford, Jr., William Nntes, Nehemiah
II. Cain and Joseph b. FAIRIES.
Judge Grnbb's charge was quite lengthy
and reviewed the entire case and the law
applicable to it IN an exhaustive manner.
With respect to the contention of the
prisoners counsel, he said.
THE RIGHT OF ARREST.
"This ground of defence, in view Of the
facts disclosed by the evidence in this case,
directly raises the question whether or not
a.county constable can, alone or with the
aid of such pcrsOns-whether peace officers
or private individuals--as he may call to
his assistance for the purpose, lawfully ar
rest without a warrant anyone within his
county, in order to deliver him where
there is probable cause to believe the party
has recently committed crime, and TINT
without such arrest he would escape JUS
tice.
This is question of very grave import-
arrest under such circumstances, without
a warrant, then a total failure of Justice
must inevitably result in very many cases
especially in state of small territory,
beyond whose borders and jurisdiction
may readily escape in this era OF rapid
travelling facilities, the most dangerous
class OF criminals who will thereby be
tempted to invade our state and in defiance
OF our penal laws, commit burglary and
other heinous offences, under cover of
darkness with impunity. II this should
he held to be the law in this State, then
our peaceful and defenceless citizens will.
with alarming frequency, become the easy
prey OF every murderous midnight robber
or assassin who may then come unaeen
and 20 unknown and unidentified, beyond
the reach OF a warrant, or even of requisi-
ton.
But, happily for lis, the wisdom of our
common law, which has come to us
through many generations of human ex-
perlence, has anticipated and provided
against this peril. Our wise system of law
does not require the absurd but the
practicable to be done. On one hand it
makes reasonable provision for the protec-
tlon OF the liberty of the private citizen,
and on the other for the due support of
the oonscrvators Of the public peace and
security, hence when a warrant Of arrest Is
reasonable, it is required. but where it
would be impracticable and unsafe to
require II, before making an ar
rest, it may he dispensed with. This
conclusion is founded upon reason and
maintained by authority, as shown by the
adJudlcations of courts and The treatises of
text writers of the highest repute. By
these il is held and declared that peace
ofiicer, such as county constable, &C.,
has authority at common law to arrest
int l,..I l..
able ground 10 suspect to be guilty of
felony, whether he acts upon his own
knowledge or upon facts communicated
by others"
JUDGE CULLEN DIssENTs.
At the close of Judge Grubb's charge
Judge Cullen arose and said that Constable
Smith and the other men were trespassers.
and had no right whatever to arrest the
men without warrant. He also said ii
the men who were suspected had killed
Constable Smith or any of his companions.
they could not have been convicted Of
murder in the first degree.
Judge Grubb undertook to argue with
him, but it was of no use.
THE JURY ALSO DIsAGREEs
The jury then retired At $50 O'Clock
they came out and the foreman stated that
they could not agree They stood nine for
conviction and three for acquittal. They
were sent back to stay until o verdict was
rendered. They spent the night in the
court room.
The Cummins will case has also been
postponed until the next term of court.
Lewis johnson, colored, indicted for an
assault with intent to murder, pleaded
guilty of assault only, and was sentenced
to six months Imprisonment
THE JURY DISCHARGED.
DOVER, April 26-The Jury in the Rich
ardson case, after being out over "A hours,
came down at 1l.45 clock, this morning,
The prisoner was brought in and Judge
Grubb asked the jury il they had agreed
upon verdict.
Foreman George w. Stewart arose and
said they had not Judge Grubb asked if
there was any possibility of agreeing and
was answered in the negative.
The judge then said that the court had
felt it their duty to keep them reasonable
time, in order to save the expense of
another trial. They We're then discharged,
The. jury stood eight for conviction and
four for acquittal. By agreement, both
cases against Richardson were carried over
until the next term of court.
TRIED TO "D0v MORE LODGE.