The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-05-18
FIFTH EDITION.
He Was Acquitted.

This mornings session of court con-
vened at 10 o'clock with Judges Hous-
ton, Grubb andCullen on the bench The
case of tho State vs. Blackston, on
trial for committing felonious out
rage on Mary A. Lee, was again taken
up.
William NJ. Byrne for the defense
called Six witnesses, each OF whom
testified that the accused was at his
home on the night when the assault
was alleged to De committed.
After hearing this testimony At
torney-General Nicholson said:
"May.it please your Honor, felt IL
my duty TO bring this case before tho
Court and to present all the evidence
nj my command, but after hearing the
positive testimony for the defense, L
have decided to ask the Court to in
struct the jury to render n verdict OF
not guilty.
This was done, and the jury without
| leaving the box rendered a verdict OF
not guilty. and the prisoner was dis.
| charged
The manner in which William NJ.
Bryne, the attorney assigned by the
Court to conduct the case for thh de.
| Tense attended to it, Is worthy of the
highest cummendation. There was
not single precedent bearing on the
case to which he failed to call the at.
tentiOn of the Court aud fought
every step taken by the State inch by
inch. Had the defendant boon in the
hands of a less skillful attorney he
might have been convicted, and ended
his life ON the gnllows.
1t Is a high compliment to Mr.
Byrne that the Encouragement.
after hearing his side of the ease ask
ed the court TO instruct the Jury to
render verdict of not guilty, and
stamps MIR, Byrne as one of the most
talented young members of the bar.
The special jurors summoned for
the Court of oyer and Terminer vera
discharged until the 3ist of this
month, when the parties charged with
the murder OF Noah Benson, colored,
ut Delaware City, Will DO placed on
trial.
Tho general jurors were discharged
for one hour
Charles Sanders, co!ored, who was
convicted on II charge OF assault on
Charles Tomlinson, was sentenced to
pay the costs and he imprisoned throe
months.
A jury was drawn at 1l.3O O'Clock to
try the case OF Charles Daggeis s, Daniel
Hunter and John Evans, all coiored,
Indicted for the larceny of number
OF chickens.
Inc State was represented by Nop-
uty Attorney-Genera Giles, who i'm.
Hedlately commenced the oxamina-
ton Of witnesses. The prisoner had
no counsel. George Springer testified
thut he resides III Mill Creek hun lred,
and that on the night of March 18th
his hen house was robbed of eight
chickens, valued at IS cents each
William +. NIcElrain testified that he
bought the chicMens from the accused
, for friend ON King street, but did
not know they We're stolen.
Detective McNey testified to making
the arrest, and that Hunter admit ID
the chickens had been stolen from Mr..
, Springer.
John Evans. ono OF the accused,
cross examined the wituess and do
; MED taking Mr.. Springer'3 chickens,
but said ho had stolen chickens from a
man named Jackson.
The tesLimoncy OF Detective McVey
, was corroboratcd by Detective Witsll,
who stated that he assisted IN making
the arrests.
This was tho last witness, AMI one
of the accused made an appeal to tho
Jury, i'll which he claimed that he had
nothing to do with the theft.
The Jury were briefly charged 10y
Judge Cullen, and rendered a verdict
without leaving the box.
} They found Daniel Hunter guilty, as
in manner and form indicted, and the
,, others not guilty.
he verdict was a surprise, MS 1t was
evident from the testimony of tic de
tectives and others that the entire par
ty We're concerned in tho act.
Hunter was sentc need to pay the
,, costs TO restitution money, 10 i'm
prlsoneu six months, aad OH Saturday
7 next be whipped with lon lusheS
$ All tho jurors We're then discharged
until 30 o'clock this afternoon, and
shortly after court adjourned until
: that time.