Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-05-19

the State was an evidence Of tending to
prove guilt.
At 4.l0 O'Clock the jury retired. About
O'Clock they filed into the court room
with 4 verdict of not guilty The prisoner
was discharged
THE NOAH BENSON MURDER
The grand jury found true bill against
johnson and Dan Miller, all colored.
charged with the murder of Noah Benson
at Delaware City, THANKSGIVING night last.
A true bill was also found against Daniel
Hamilton, John Evans and Charles Dag
gers, colored charged with the larceny Of
some chickens. The prisoners pleaded not
guilty and will be assigned counsel. Isaac
Anderson, colorod, was indicted for
carrying concealed deadly weapon.
EIGHTEEN MONTHS FOR WALTER SMITH
Walter Smith, who was indicted for the
murder of James Mcbride in Il pool room,
OH French street below Second and who,
at the instance of his counsel. Lewis z.
Vnndegrift, was allowed to enter n plea Of
guilty of manslaughter. was brought into
court and sentenced. The court imposed
n sentence OF Is months imprisonment,
500 fine and costs of the prosecution.
Court adjourned until 10 O'Clock Satur-
day morning.
In the court Of oyer and termincr Satnr
u'y ,horiiu6 lHus' watson, unhIeeu WIN
the larceny of pair of shoes, was sem
fenced to one month in Jail and two lashes
in view of the fact that IL was the first time
the prisoner had appeared before the court.
James Murray, colored. had appeared in
the dock before and the court was not dis
posed to he lenient in his cnse. Murray
was charged with the larceny Of 30 cents
from the saloon of Frank Neidcrmaier.
The court sentenced tho prisoner to four
nInNt Ii u aud IN iaplNal
William G. thristy colored was charged
with assault with intent to commit MIR
der. Henry Clay Turner appeared as conn
sci for Christy and succeeded in having
the charge Withdrawn and entered plea
of guilty Of simple assault Christy was
sentenced TO pay fine of $50 and pay the
costs OF prosecution.
The case Of the State VS.. Andrew Horsey,
colored, charged with lottery policy writ,
ing, was continued until the next term Of
court on application of William /. Lyman,
counsel for Horscy.
There were no jury trials taken up this
morning and the session of court was
brief one. The jury was discharged until
Monday morning at 10 O'Clock and the
court adjourned at 1.30 clock until that
hour.
Superior and general sessions courts
met at 10 o'clock on Monday morn
ing, and there was large attendance OF
lawyers, with the expectation that the
trial list for the present term would be
gone over. Judge Houston announced,
soon after taking his seat, however, that
the trial list would not be taken mp until
The arrival Of the chief justice, who, it is
understood, is. at the residence of his
niece, Mrs. Francis N. Buck.
William @. Spruance moved that Alan
Cunningham Of Smyrna, who passed the
necessary examinations last Saturday,
be admitted as member of tho bar.
The request was granted and Mr.. Cum
bingham admitted as member of the
bar, upon taking the customary oath.
Precisely at 1890 o'clock George
Henry HUT, Jim johnson, Julia HUT
and Dan Miller, all colored, were
brought into court to be arraigned for
the murder of Noah Benson, colored, at
Delaware City, last Thanksgiving night.
The prisoners listened attentively to the
reading of the Indictment charging them
with the murder of Noah Benson, John.
son alone showing any nervousness
during the ordeal. George Henry HUT
and Dan Miller, the latter so small that
he barely comes above the railing Of the
prisoners box, were the most composed.
After the clerk had finished reading
the lengthy indictment, the usual ques-
tons were put to the prisoners, the
clerk asking each in turn as to whether
they were guilty in manner andform as
set forth in the indictment, and as to
how they should be tried.
Miller was the first to plead not guilty,
which he did in loud, defiant voice,
and when asked to now he would be
tried, replied, "By God and my
country in clear, distinct tones. The
next to plead not guilty was George
Henry Hutt, whose answer to the clerks
question was scarcely audible Julia
HUT answered with defiant toss of the
head and pleaded not guilty, while Jim
Iohnson's reply, although perfectly
audible, was somewhat tremnlous.
A jury was next empancled to try the
case Of Leslie Hemphill, William Il.
Dutton, Alfred Spencer and William S.
Harris, charged with the larceny Of
some carpenters tools. William 4.
Lyman appeared as counsel for the
prisoners. Deputy Attorney general
Branch H. Giles appeared for the state
The case was submitted to the Jury
without argument or charge Of the
court At 1915 o'clock the jury retired
and at 1925 o'clock rendered verdict
OF not guilty.
During the morning Frank D. Car
penter, who was assigned as counsel in
the case Of Martha Davis, charged with
harboring a girl under Is years of age
Tor immoral purposes, stated that he
would not be ready for the defence until
Wednesday.
In tho case of Charles Blackston,
colored, charged with felonous assault
upon Mary A. Ice, also colorcd, Will
liam NJ. Byrne, counsel for the defence,
stated that he would be ready to take
the case up Tuesday morning.
Alexander B. Cooper made appli-
cation 10 the coArt to set aside the
sheriil's sale Of which John S. Milwards
is trustee.
At 1885 o'clock court adjourned until
$50 o'clock p. nj.
Al Monday afternoons session of court
the first case taken up was that Of the
State vs.. Jacob Saunders, colored, charged
with assault with attempt to murder
Charles u. Fomilson, also colored on the
night Of April LIST, last. The assault took
place on Washington street near Second.
Charles Tonllson, the victim was called
and stated that he was passing down Wash
inyton street near Second ON the night Of
April lst with two dusky companions
when Saunders staggered up to him and
stabbed him in the neck. The assailant
attacked him without provocation. Deputy
Encouragement Branch III. Giles CON
Quoted the prosecution,
Peter L. Cooper, .Ir. who appeared for
the defendant subjected the negro TO
clever REORGANIZATION. In answer to n
reply Of counsel for the defence, witness
denied that he had gone home and gotten
his blackjack and white handle razor N
the night Of the assault. He also denied
that he had used d blackjack on The plain
ifI 1 liz. i.Ll.. ..rt -l..l..