The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-01-23

Tits of Able CounseI-A Terrible Muir
der Scene.

uoF bcenes
In the Court OF Oyer and Terminer
the case of the State vs.. James Carr for
the alleged murder of Antonio Basso
was proceeded with at 9. As o'clock yes
terday p. IN. The testimony was to
the effect that the witness had never
seen the prisoner except that evening
and at his present trial, in the cross
examination Of George Houser by Wal
PENDANT James Carr. He saw Michael
Dreco there. He is the one who said
"I'll mash your nose for you" and was
Immediately knocked down.
He got up and got right out the bnck
door. Witness did not RENE mber
what kind of a hat Passo had on. He
could not tell where Carr was stand
ing just before the first blow, because
the blow was the first he saw of Carr.
Gould not say. that Carr threw more
than one ball. Witness had at that
time, Nov. 18th last. been in Whining
ton some three months and was here
until about month after, when he
moved to Philadelphia. He recognized
Carr yesterday before he was pointed
out by anybody. Did not know Basso
was dead till about week ago.
William e. Sparks swore he thought
Basso would weigh about IT'S to $50
former witness rs to who was there
and the beer drinking.
He testified as to where they stood
Tho little Italian standing at the mid
die of the bar, with Basso at his left,
ordered the first drinks for the six }
Schooner Long hit Bssso with tho
beer glass. Carr did not hit Basso
with beer glass. He did not think
Carr ever struck Basso. Did not hear
u
struck. Carr was striking at Basso
with his fist but did not hit him be-
cause he was too drunk to hit him.
There was a controversy here be-
tween Messrs. Hayes and Biggs. Tho
latter wanted to ask the witness what
no had testified to in prese nee of
himself and his Deputy, Davis.
Mr.. Hayes objection was that they
could not contradict their own wit
ness. and that the witness had no pro-
lection against their possible mistake
as to what he did say then. Judge
Grub allowed the question. Carr
was too DRINK to stand. The beer
glass was not broken by hitting any
one.
He thought Long threw the glass
against the wall and broke it. Carr
and Long were struggling with Basso
s or 10 minutes. Didn't see any pool
balls thrown, Didn't see anybody
take up a chair. Saw Schooner Long
hit Basso two or three blows with the
beer mug.
Houser, Sullivan and Sparks were
playing pool when Basso, Dreco and
Palermo came in. Next came in Carr,
Long aud Bullen.
A long tilt occurred here between
counsel, in which it was revealed that
the defense count on a decision in
Houston'S reports: Drunkenness is
no excuse unless it is SO great as to
render the party unconscious Of what
he is doing at the time"
Mr.. Hayes, as we understand him,
proposed to prove the witness was 30
drunk, he did not know anything and
could not do such thing as strike a
blow. Mr. Biggs did not want to be
bound by an adverse witness who had
volunteered what he had not called
for that Carr was SO drunk at the time
that he could not strike blow al
though he tried to.
Judge Grub thought Mr.. Biggs
could not prevent the defence from be-
ing helped by it in cross examination.
The court decided that at this stage of
the case, Mr.. Hayes question could be
admitted subject to MIR. BIggs' obiec-
ton to it SO as to strike it out If at any
time during the trial 1t was shown no I
to have legal status.
During this argu ment, Judge Hous-
ton adjourned the court at 1865 o'clock
until 10 O'Clock this morning.