The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-06-02
FIFTH EDITION.


The Court OF Oyer and Jerrniner
reconveued at 10 o'clock this morn
!nR, with Judges Houston, Grubb and
Cullen on the bench.
The jurors in the case of the State,
VS. tho delaware City parties who are
! on trial for the murder OF Noah Benz
son, on or about Thanksgiving Day,
cnmo in and took their seats, looking
tired and weary, and the trial was re-
sumed. Attorney General Nicholson
announced to the Court that the state
| would rest.
Judge Grui.b snid that on account OF
the CRAFTY OF the oITense the court
had given the question VI admitting
the blood-stuined garments as evil
] dence, careful consideration and con
| cluded that they can he admitted, sub
| ject 10 the charge OF the court.
Mr.. Cooper for the defense. then
moved that the jury lie instructed to
render verdict of not guilty, on the
ground that tho crime has not been
proven, and secondly that the State
has utterly rniled to connect these de-
PENDANTS with the crime. Mr.. Cooper
spoke in his usual eloquent manner
III support of his motion for some
| time.
lie closed ut IO.55 O'Clock and was
followed By Attornp. o iaral Nichol-
son, who produced nutluriti ~ to show
that the case should go to the j. ry,
md tie other sido DC compelled 10
show their defense.
MIR. Cooper commended that nothing
had been produced to show that the
crime was committed in New Castle
county, but the Court decided that oil
the questions raised by Mr.. Cooper
must he sottled by tho Jury.
MIR. Cooper then opened his side of
the case to tine jury. and said that JAS.
johnson and Daniel Mllor were not in
Delaware City the night the crime was
committed; that they were in this city,
and spent the night here. When he
concluded he commenced the exami-
nation of witnesses for tho defense
: Mary Wright, colored. testified that
she was at George Henry Hutcs house
IN Delaware City until 0 O'Clock at
: night ON THANKSGIVING Day Lewis
/ Taylor and George Smith were there.
i and Mr.. and Mrs. HUT were also at
| home.
Noah Benson was not there, Meth r
was johnson or Miller.
On cross examination she said that
she was there from o'clock until ..
and WAS positive that George Henry
HUT WIS not out oil the house whilo
sho was there.
Annie Davis, colored testified that
sho was at lIutt's on thanksgiving
evening, and that no one was homo
bat MIR, and Mrs. HUT. She did not
sec Noah Benson TINT night She call
ed at the house next morning and
found Mrs. HUT attending to her
household duties. She was upstairs
while Mrs. HUT was making the beds.
but did not see any disorder or any
blood stains
Mary J. Davis. colored. testified that
she lives In Delaware City, and was at
George Henry llutt's house on Thank
giving night. She went there shortly
before y O'Clock and saw Mary Wrig,
, Lewis Taylor and George Smith. Noau
Benson WIS not there, neither was
I..l l.kcI ,.ttt 3,
Eothers about 9o'rlock and went to q
festival, reaching there about $50
o'clock.
Lewis Taylor colorei, was sworn
and testified that he resides in Della
ware city, and was at Hutt'S house In
the evening Of Thanksgiving Day. lie
was al their house from clock In thu
| afternoon. until he with others went
4 to the festival He was arouul town
all of Thanksgiving Day.
On crosS-cxAInination hp said thai
on his way home Thanksgiving night,
he saw John Miller at Mullignn'S cor
ner. While he was at Hutt's befor
dark he was in the Kitchen. and saw
George Henry HUT and Julia his wife
He remained there until lie went GU
with the women to the festival
What did you Iu to the festival for?
inquired Mr. Nicholson.
II wanted to get some of dc chick
eli" replied the witness.
James NJ Jester WnS sworn, and les
titled that hp now lives in this CITY
l. but did live at Delaware city la,
November. He saw Nonh Benson CT
Thanksgiving night between 0 and
q O'Clock. He passed the store or tin
- witness, and he was certain that
was him. 1t was stormy night.
~ Bcnsonw as going uptown from tn
~ river. AMI was very drunk. The wit
ness had sent a colored man with on
oil his teams to take n man to polk
town, and as it was raining very hare
lie WAS worried about the horse
George Smith. colored, was the neS
witness ami testified that he reside
in Delaware City. On Thanksgiving
Day he worked until l.30 o'clock. II
WIS ut liutt's house about O'Clock I
tine afternoon. and saw him and h,
wife. He was there about an hour an
then went home for his supper. A
forwards he went to lIutt'S and froi
there to the railroad station and sa
the train coma in. From there he wen
home, and did not see Noah BenSO
y during the evening
When this witness left tho stand NJ
Cooper said that us IL WIS but a qua
ter of one O'Clock. and the next wi
ne@S would occupy at least an hour, Il
asked that Il recess he taken. whiC
was done until 80 O'Clock this afte
noon.