Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-01-28
DELAWARE GAZETTE AND STATE JOURNAL,

and Carr. When Long was beating Bassc
with the glass Carr was hitting at the big
Italian with his fist, but l do not think
Carr struck him."
Mr.. Biggs (sareastlcally)-"Be careful
what you say. | know you are my Wit
ness and you are daisy one too"
The witness continued: "The big Italian
did not 90 out until five or 10 minutes after
the two little men left. During that time
Long and Carr were struggling with lsasso.
Galden, the bartender, took hold of Basso
and put him out. ] did not see pool
balls thrown nor did see any
body grab chair. was sober and
not asleep and i q chair had
been grabbed think would have seen it.
! saw y little blood on the big Italians face.
Long hit him twice on the back Of the
head and also hit him on the cheek. The
blood looked like it came from the cheel.'
On REORGANIZATION Sparks stated II
went to the saloon between and O. clock.
Houser and his friend came later. Next,
the Italians entered and subsequently
Long, Carr andsBullen,. Houser,. his friend
and were playing pool when the Italians
came in. Palermo asked Long and his
companions to drink. The bartender
asked who'd pay, and Palermo said he
would not. Carr stood between the two
little Italians when they were knocked
down"
Mr.. Hayes asked what was CARTS condi-
ton, whcrcupon Mr.. Biggs objected de-
claring that such question was allowable
only where prisoner had pleaded to MUIR
der in the second degree. The attorney
general cited the case of Davis, for the
murder of police officer, and asserted that
at that trial the court had ruled that such
question was admissible only us he had
stated. Mr.. Hayes cited the case of the
State VS.. Till, in which. he claimed,
IttAno Hnnpt,,Y bod HaniAaA
question could be asked when the de-
PENDANT had been so intoxicated that he
did not know what he did Mr.. Biggs con
tended that the question could be asked
only when it was intended to reduce the
plea from murder of the first to murder Of
the second degree He also argued that
the question should not be permitted be-
cause the witness, who had been intro
duced by him and who was a very adj
verse one, had gone out of his way to
say Carr was under the influence of liquor.
Mr.. Hayes wanted it understood that his
client was not pleading to murder in the
second degree. The court decided that
the question could be asked on condition
that if at any stage of the case the ques-
ton was found not admissible the State
might make motion to exclude the testi-
mony on the point. The Encouragement
wanted a clearer understanding of the
matter in dispute, whereupon Judge Hous
ton became impatient and ordered the
crier to adjourn the court until Saturday
morning
During the afternoon William s. Hilles,
ESD. was allowed to change the name Of
the plaintiff in the case of Annie Carswell
VS.. Thomas Green "a case in the superior
court. the plaintiff, who has been di-
vorced, having resumed her maiden name
without authority from the Legislature
All jurors, except those in the case now
being tried, We're discharged from further
attendance this term.
Soon after the court Of oyer and terminer
opened Saturday morning Judge Grubb,
on behalf of the court expressed the
opinion that the question asked by Walter
H.. Hayes, Esq, Friday afternoon and
objected to by Attorney-general Biggs in
regard to the condition of James Carr the
night Antonio Basso was fatally as
saulted, was proper and the cross
examination of Witness Sparks was re-
sumed. Sparks said. Carr had been
would say anything ! would say Carr did
not hit Basso. ! saw him all the time, l
did not see any pool balls thrown.
did not see Carr have beer glass
in his hand nor did see chair picked up.
Houser left soon after the fight was over.
did not see his hat knocked of, nor did
see blood on the floor. do not recollcct
NhSthti UNITY WIS u SbpNG III tut TOOlll.
Houser and Sullivan played one game Of
pool before ] joined them. It was is
ball game. The three Italians were at the
bar drinking when Long, Bullen and Carr
entered. Salerno asked Carr to take a
drink. The bartender asked where he
world get his nancy and Salerno said he
would not pay for any drinks. salerno
was then knocked down and i'm
mediately afterwards the other
little, Italian was felled. They We're
knocked down either by Long Bullen.
VI did not see Carr strike the big Italian.
Carr was knocked down, but by whom l
do not know. Carr might have had his
hand on Basso, but | did not see him strike
the Italian. Basso walked out He did
do not recollect having heard Basso say
anything. ! did not hear Carr say any
thing TO Sullivan. Houser or Sullivan
said It's hell of place, let's get out
McMahon, the proprietor of the saloon,
was not present. think he is in Ireland
now. Long hit Basso at least three timcs.n
| On. redirect examination the witness
| stated: Long and Bullen were not as
| drunk as Carr. They seemed to be about
tie away. Basso was not drunk. Salerno
was more intoxicated than the big Italian
was. The other small Italian did not APP
pear to be very drunk"
Michael Golden was sworn and testified
| as follows: 81 formerly was bartender for
Mcmahon and am now bartender for
| George Rash. ] have been at the saloon
about two years. | had known Long by
sight about five or six months, Carr the
| same length Of time and had seen Bullen
| around the corners and saloons. did not
see them together often. They had not
been at the saloon together frequently.
had seen Basso before but aid not know
| him. | cannot recall having seen the
| nt her twn Italians hafnra IT,
or five glasses on the counter. Sparks was
the first to enter and next came two
| strangers who played pool. When the
| Italians entered one of the little ones
asked for a drink and served him and
| his companions. They all drank. | do
not know when Long, Carr and Bullen
came in. One of the little Italians called
them up before the first drink had been
concluded and asked them to drink, where
upon ! served all six. While these six
were at the bar two others came in, and
| while was getting change for the latter
heard fall. The last Corners ran out and
there were two Italians lying on the floor.
Bullcn and | took the latter two ont
| When returned Long and Carr had hold
of the big Italian. took them apart. /
called Sparks to, help me. | put the two
Italians out the back door so as to not pass
| Long. They walked away. Carr was pretty
! full and guess he was struggling. when
Carr entered he staggered Il little and I
think the heat affected him while he was
there. Basso was not very drunk, Greco
and Salerna had been drinking and Long
and Bullen were pretty FULL
| On cross-exarnination witness said: II
did not see q chair lifted nor pool balls
thrown: | did not sec pool balls on the
| floor. do not know where Bullen Isl
Carr merely had hold Of Basso. He was
not using violence. | was out about two
minutes, | did not close the door when
went out. did not see Carr or Long
strike Basso with beer glass. did not
see Long strike at ALL The next morning
| found litilG hlnnl tho Haar IL