Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-05-19
excited. She said that she had been assaulted

excited.S She said that she had been assaulted
but did not know the assailant.
Margaret Thomas was the concluding
witness for the State. The State attempted
to prove by this witness that the prisoner
at the bar had attempted TO inveigle her
from her home on the night OF the alleged
assault. The defence objected to the evil
dence. The court sustained the objection
and held that the testimony was not
relevant.
The defence then opened. The first wit
ness called was Alexander Wheatley, who
testified that he was talking with the pri-
soner on the night mentioned OH French
street between Eleventh and Twelfth. The
defence aimed to prove an abb.
Andrew Hackett the length of whose
jet black moustache, created sensation in
the courtroom, was the next witness. He
testified to seeing the prisoner on the night
OF the assault about o'clock in the even
ing;
Mary Blackston, mother of the prisoner,
testified positively that the prisoner was
home in bed the night the assault is
alleged TO have taken place. Her testimony
was not shattered by counsel for tho prose-
cution.
Court adjourned at s o'clock until 10
o'clock yesterday morning.
When the court Of oyer and terminer
reconvened yesterday, the case of the
state VS.. Charles Blackston, charged with
felonious assault on Mary A. Lee, on the
night OF December Both last, was resumed.
Henry Clay Turner and William NJ.
ByTne, who appeared for the defence,
ston, brothers of the accused. TO prove that
the prisoner was home in bed on the night
OF the alleged preparation Of the crime.
George q. Raymond, William r. Todd.
James l.. Hawkins and Kennard Trusty,
all testified that the reputation of the
prisoner for peace and good order in the
community in which he lived was good.
John j. Gallagher" called ont Mr..
Turner.
Mr.. Gallagher walked briskly to the wit
ness stand and Mr.. Turner proceeded to
interrogate as follows:
MIR. Gallagher, you are druggist. and
nave been for number of years, have you
Eyes, sir, for 80 years."
almost since l was boy" said Mr..
Turner facetiously. No one doubted his
assertion and the examination of the wit
ness proceeded. Mr.. Gallagher said the
reputation Of the prisoner was good, and
this closed the evidence for the defence.
The defence having rested its case,
Encouragement Nicholson arose and said:
If it please the court, in view of the grave
nature OF the charge preferred against the
prisoner at the bar, feel it my duty to
lay the evidence before the jury. AT the
close of the States evidence / felt grave
doubts in asking for a verdict of guilty.
Now, at the close of the evidence for the
defence. | feel that am not justified in
asking for verdict of guilty as indicted.
Il therefore ask the court that the case
90 to the jury under charge instructing
the Jury to render a verdict Of not guilty.H
After commencing the course pursued
ny counsel for the State, Judge Cullen, at
1853 q clock, instructed the Jury to render
a verdict of not guilty, which they did in
lew minutes without leaving the box.
The prisoner after thanking the court,
Jury and his counsel was allowed to depart
Blackston is rather a good.looking negro,
with 1et-black complexion and of medium
stature. During the whole of the trial his
countenance did not change and the ordeal
made comparative little impression upon
him. His look was rivited in the direction
OF the bench from the start and the
prisoner never changed his position. He
smiled perceptively on leaving the box.
The court discharged the balance of the
regular panel of tho oyer and terminer
jurors until May 3lst
Charles Saunders, colored, convicted of
assault on Charles T.. Tomilson of the
same complexion, was placed in the box
and received his sentence of three months
Imprisonment and $500 fine.
Jury, was next empaneled to try the
case OF the State VS.. John Evans, Charles
Daggers and Daniel Hunter, charged with
the larceny of some chickens from George
springer OF Mill Creek hundred. Mr..
springer was called to the stand and testi-
ned to having lost mine dunghill fowls
was taken from his hennery on the night of
March 18th. He did not see any one take
the poultry.
Wilbur +. McIlvain testified that Daniel
Hunter had attempted to sell the chickens
to him after they had been stolen.
detective McVey testified to the arrest of
Hunter and stated that the prisoner had
ADMITTED the larceny of the poultry.
Detective Witsil arrested John Evans
and Daggers. Hunter admitted the steal
ing OF the chickens and Evans denied ii.
deputy Encouragement Giles appeared
for the State, while the prisoners were un- |
represented by counsel. The defence offered
After the evidence had been submitted
Mr. Giles asked the court to instruct the |
Jury 70 return verdict of not guilty. in
the case of Evans and Daggers and guilty |
in the case of Daniel Hunter. Mr.. Giles |
stated that there was no evidence against |
Evans and Daggers of having stolen the |
chickens from Mr.. Springer.
Hunter was then asked if he had any |
statement to make to the jury and created |
q sensation in the court room by admit |
ting the larceny of the chickens from Mr.. |
Springer and several other farmers in Mill |
Greek hundred. Evans and Daggers were |
indicted under the specific charge of steal. |
ing chickens from Mr.. Springer, and
Hunters confession impli-
Gated them in being present at the time
he (Hunter) took the chickens from the |
hennery' It could not be proven that they
actually stole them, but helped to carry
them away and dispose of them at sale.
The jury then rendered verdict of not
guilty in the case of Evans and Daggers
and guilty in the case of Daniel Hunter.
The court sentenced Hunter to six months
Imprisonment and 10 lashes.
Ezekiel smith, the colored juror, ser we'd
in this case for the first time.
Court took a recess at 1926 o'clock until