Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-06-02
THE STORY OF THE MURDER
Testimony of Witnesses on
the Part of the State.
A QUESTION HARD To ANSWER
How to Prove the Identity of
a HeadleSs Corpse.


snseS Vi iuVlu cannon ana jOhn w. Ii.
Hastings VS.. the Diamond State Iron Com.
pany were discontinued, the defendants
having settled by the payment of costs and
damages in the case, Levi G. Bird appeared
for the plaintiffs and Bradford & Vande
Brift for the defence.
On application of Judge Ball, counsel
for the defendants, the cases of the Morn.
ING News Publishing Company and Frank
M. Smith vs.. Eugene ID. Il. Sutton, CUR
nishee of William p. Wells, were continued
until the September term of court. Will
liam S. Hilles represents the plaintiffs in
the cases.
The case of Catherine Keenan, VS.. the
Arlington Mills Manufacturing Company
was announced as settled Levi e. Bird
for plaintiff and Anthony Higgins for de
PENDANT.
In the case of Sarah G. Mckay VS.. James
II. S. Gam, Mr.. Lore for the plaintiff asked
that the suit be passed for the present
owing to the sickness of the child of the
plaintiff.
Lilburn Chandler, counsel for the de
PENDANT in the case of John j. McCreary
va. the Mechanics Loan Association, an.
nounced TINT the case had been settled
Benjamin Nields represented the plaintiff.
Mr.. Chandler also stated that the case
of Charles i. Hill VS.. Elizabeth Stewart
had been continued until the September
term of court. Benjamin Nields for the
defendant.
In the case of Patrick Healey VS.. the
Wilmington City Passenger Railway Com
pany, Mr. Bates for the defendant asked
leave to withdraw his plea of not guilty
and filed demurrer in the case Lewis
q. Vandegrift entered a vigorous protest to
the filing of the demurrer.
The case of Phillips 81 Company VS..
Robert A. Burns. Hoifecker d Hoffecker
for plaintiff and Willard Salisbury for
defendant, was referred TO referees by pro-
thonotary.
The court discharged the iurymen of the
/ first panel from any further attendance at
this term of court. A recess was taken at
O'Clock p. m. until $50.
The superior court was in session little
over an hour Thursday morning. The
panel OF jurymen were present, but were
discharged until Tuesday morning, at
10 O'Clock.
In the case of Herman Kraus, VS.. Jacob
II, Topkiss, the defendant being nsolvent.
Alexander b. Cooper applied for rule to
show cause why the money lying in court
should not be applied to the plaintiffs
Judgment. George A. Elliott, for the de-
fence, asked the court to hear his case
before the plaintiffs plea for a rule was
granted. The case is set for Saturday week.
Thomas Halcomb, petitioned the court to
open the Judgment against the surviving
executors of William Mulward DECEASED
which was granted.
In the case of Helmroth VS.. the Charles
Mullin Company, counsel were given
Time to frame an issue to be sent TO the
jury. The case will be tried at this term.
Court took recess at Ills o'clock until
80 O'Clock p. IN.
tb IN c.s Court ~ r Saturday morning when
Quigley. was called, Mr. Bird, Cor the plain
till, said he was DESTROYS of trying the case
at this term of court He added: "My
client has been bankrupted by Mr.. Quig-
ley. now ask that jury be selected 10
determine what amount of damages my
client is entitled to. must have the case
honors sodecide.n
Mr.. Bird stated that special Jury had
been called for June 18th, in a case which
would NOT now come to trial, lie asked
that his case be taken up at that time as
Mr.. Higgins, counsel for the defence,
would have ample time to attend the Re
publican convention at MINNEAPOLIS
which meets on June 7th and return in
time to take up the case June 18th. Mr.
Bird added that, if Mr.. Higgins would
agree to try the case at the September term,
he would be content and the case would
have To go over.
Mr.. Higgins was reluctant to agree to
this proposition, but finally said that If
the court would postpone the case until
September he would be prepared to go to
trial at that time. The case was then CON
tinued until the September term with this
understanding.
The case of Adams VS.. the r., w. a. B.
Railroad Company. which was tried at the
last term of court, was called up Saturday
morning by Mr.. Lore, for the defendant
who asked leave to argue the reasons for a
new trial. Senator Gray who appeared
for the defendant company held
that there was no general application
made at the last term uf court
for a continuance in the case, and
therefore the application for u new trial
must fall. The court held that an applca-
ton for new trial could not be enter
tanned
Once more the matter of the distribution
of the funds of the Charles Mullen Com
pany, was brought up. The court decided
TO send issues TO the jury for the purpose
of having the jury decide certain questions
of fact. as to which of the creditors was
entitled to the funds in court. The SUM
amounts to between $1,000 and $1,000.
The case will be heard June 18th.
Court adjourned until IL o'clock Monday
morning.
The trial of George Henry HUT, Jim
johnson, Julia HUT and Dan Miller, for
the murder of Noah Benson, mt Delaware
City on Thanksgiving night last, was
taken up in the court of oyer and terminer
on Tuesday. The trial of these negroes
for the atrocious murder of Benson, whose
headless body was found floating in the
Delaware Chesapeake canal on the
morning of December 10Th, 1891, is ex-
pected to prove one of unusual interest, AS
Tar as sensational developments are CON
cerned. The evidence in the case is
vOluminous.
II was q few minutes past 10 o'clock
when the prisoners We're brought into
court and placed in the dock They have
borne their term of five months i'm
prisonment fairly well, and seem to have
stood the ordeal under which thew have
passed as we'll as could be expected for per-
sons charged with so grave a crime. John
son only has shown any concern since his
incarceration.
The drawing of jury was begun at 10 20
o'clock. Edward c. Fennimore was the
first juryman called. He had expressed
an opinion and was allowed to withdraw.
Encouragement Nicholson and Deputy
Encouragement Branch III. Giles an.
peared for the State, and Peter L. Cooper
for the defence.
Previous to the calling of the iurymen
Mr. Cooper asked that an attachment be
issued for Maria Johnson one of the wit.
nesses for the defence, who failed to put in
an appearance. The request was granted.
The following were challenged by the
state-lsaac Z. Foreman, Harry Pordham,
* William w, Nailor William P. Hall,
Thomas g. Ferree.
Challenged by the defence-Georre
Carter, William J Wingate, Harry L.
Dyett, William II. Fennimore, John d.
LeFeyre, John C. Stuckard, Albert Wollas
ton, James Crumlish, William w. Wilson.
had conscientious scruples-John w.
scarborough, james II. Polk, Patrick Me
Grory chad conscientious scruples when
expert evidence was adduced), John c.
Austin, John l.. Sullivan, Thomas Il.
Lyman. Thomas J. Ector, William p.