Evening journal., 1892-06-04
.HUTTS NOT GUILTY
That is the Verdict That
Will be Rendered.
MILLER AND JOHNSON SAFE
Cooper's Impassioned Appeal
for the Prisoners Lives.


Jury.nIay Hang Hut There ls No Pos
sibility That the Prisoners wiil-The
Attorney-GeneraI win Go to the Jury
This Anternoon-Judge Grubb's Charge
Lengthy One.
Both sides concluded their evidence in
the Hutt trial yesterday afternoon and
the state began addressing the jury for
conviction. Before the state closed its
case it called several witnesses in re-
buttal
Philip Borgher said that he saw Miller |
in front of his store In Delaware City |
between 8 and 10 o'clock on Thanksgiving |
day
William H. Neal oolored, swore
that he saw Daniel Miller In Delaware |
City ON Thanksgiving day between II |
and - o'clock at night. He was sure
that il was Dan Miller because lac spoke
20 him. He met him on Williams street
his little boy first calling his attention to
the man.
Nicholson-'How did you know that
il was Thanksgiving Because | was
taking it,
On oss-examination Neal said that he
had taken several days as holidays that
month but was sure thai Thanksgiving
night was when he saw Miller
William NJ Householder, sworn-'1
saw Miller in Delaware City about 10
o'clock on Thanksgiving morning was
getting ready TO haul something for the
church festival when1 saw him.
Cooper-"Do you know Jim DembyY
'Yes, sir
Does he look like Dan Millerg" No,
he is two OF three shades darker than
Miller
THAT would be very dark wouldn't
itg" Eyes sir, that would be pretty
dark. Laughter.
Samuel r. Armstrong, sworn-'l had
been over 20 my brOtherin-laws and
was coming back when / met that mister
gentleman, Miller He sez: Hello, Sam 7
/ seq, Mr. Nigger, lfyou don't speak to
me better than that / don't want you 20
speak 10 me any more. had been gun
ming ON that Thanksgiving morning
The state rested its case.
Attorney General Nicholson asked the
court 70 charge the jury that the prison.
ers were guilty il they found the killing
done by any means whatever; and, also,
that If the jury find that any one Of the
defendants have done the killing, the
others aiding and abetting, all are equally
guilty.
Giles Before the jury.
Deputy Attorney General Giles began
addressing the jury at 3. 40 o'clock HC
, held that there were distinguishing fea
lures about Benson's physique that identi
fed the body found in the canal as his
beyond all doubt, TO say nothing about
the bullet found in the hand.
Daniel Miller can, he said, appear il
g more places than any man ever heard Of
q There is n conflict of testimony i'm the
attempt to prove an alibi Reconcile i
If YOU can and believe that tostimon,
you think most worthy of belief. fo
a every piece of goods You had they had
. person to claim IT, The testimony Of TIA
1 expert for the defence confirmed the tes
timony Of DR.. Formal. He said tha
out of every thousand corpuscle
. there were ten or twenty very minut
y ones and forty or fifty of the extrem
= size He also said that it was easy q
. distinguish mammalian blood. jim
johnson said that the blood ol
the shirt was hog blood. Dr. Forma
saws the blood is not consistent with piJ
blood In the silence of the cell, no onl
. thought to be near. their nerves throh
= bing with excitement, speaking out thei
minds. what do we find them saying
Were the words the words of innOcen
y people? Is there one reasonable theor
- that will lead you 10 think that thos
u words do not damn the prisoners in tina
" box? In the name of the state / ask fO
a verdict Of guilty.
At the conclusion Of his address cour
took recess until 10 o'clock thi
d. morning.
e. Cooper Addresses the Bench.
D. When Court re convened at 10 o'cloc
W this morning. Peter l.. Cooper, Jr, bega
IS his big fight for the lives of Georp
I'd Henry HUT, Julia HUT, Daniel Mile
III and James Johnson, the alleged murde
W ers of Noah Benson
Since the case closed the general in
preston has been that the jury woul
either acquit the prisoners or disagree
Mr.. Cooper addressed the judges an
asked them TO charge as follows;
" THAT where the crime was committc
is the venu, not where the body WI
lis found. The jury must be satisfied th'
~ the body was that of Noah Benson, othe
wise verdict could not be rendere
is The verdict must be one Of murd'
i'm the first degree / ask the judges
er charge the jury in relation to the ev
m dence of detectives constables and poli'
NNlttIos OF tAltIl tNlAfANNr ~ iN any N
M missions made by the prisoners, the co
pus dilecti and the reasonable doubt.
'u Demands Acquittal or Hanging.
se Turning to the jury he began an il
En- passioned appeal for the lives of Il
prisoners, speaking for nearly two hour
on He said. in part
81 come TO You this morning almost si'
a and exhausted. / ask you to bear wi
'u' me while review the evidence in a ca
-, inv diving the lives of four persons. n
court assigned me 10 defend thel
am now about to discharge my Ia
ity duty You are the preservers of socie
oit and peace lt is necessary TO ha
..d capital punishment It is that care
ow society that asks the life of a dangero
ad- man. Capital punishment follows as {
"s consequence of certain crime.
IL am fully convinced of the innocen
AT Of the prisoners The evidence has be
an, purely circumstantial But the court "
yes yes tell YOU that those circumstances must
complete. There must be no mi