The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-02-12

Guilty of Assault on Dog Catcher Writ,
But Not with Intent to Kiif-A
Funny Chicken Steal with an Alibi.

dultty OF AbsAuit ON Dok-ChtcneF WIFI
But Not with Intent to Kiif@A
Funny Chicken Steal with an Abb.
On the resuming of court at $50 D.
M, yesterday Peter L. Cooper, Esq,
began his address to the Jury in behalf
Of the States prosecution of the as
sailants of James E. Writ, which he
completed at $40.
Mr.. Rodney began as soon as Mr..
Cooper had asked the Court to charge
that If the prisoners were present aid
Ing and abctting at the time of the as.
sault they were equally guilty with the
person who did commit the assault.
Mr. Rodney said Writ must have
been mistaken when no charged Mai
ianno with having committed the as
sault because he was discharged at the
City Court.
He would ask the court to charge
that If this assault was such that MUIR
der would not result from it the in
dictment would not lie,
Mr.. Rodney had the alibi two miles"
long for Leone who went to the Farm
ers bank and drew S125 on the day
and about the hour of the accusation,
and Just after other witnesses had
talked with him at Foulth and Market
streets.
He was aware of the prejudice
against alibis, but he thought that
was one that ought not to be whistled
out of court.
He reviewed the testimony of other
witnesses fortiiying the allbi.
Mr. Cooper, for the State, had ex-
pressed the opinion that the alibi was
not good for much, and that the as
sault of blows, a knock-down and
kicks had been fastened on the prison
ers beyond the shadow Of doubt. and
that they were present with and aided
and abetted the knifer.
MIR. Rodney concluded at $50 p. m.
feeling well satisfied that the jury
would carefully sift the evidence and
render just verdict. .....
MIR. Cooper made the concluding ar
gumcnt complimenting Mr.. Rodney
for getting up an ingenious alibi and
regretting that he had been rather I'M
Just in his remarks concerning the
credibility of the testimony of the
prosecuting witness.
Further, that Mir. Rodney had not
proved an alibi even II full credit were
given to his witnes SEES. The specific
hour had not been proved for an alibi.
Are you, gentlemen of the jury, going
to turn these criminals loose to prey
upon society?
Cullen began his charge to the jury.
After you are satisfied that these pris-
oners committed the assault you cam
not convict these prisoners under this
Indictment unless il was such an u.s.
sault as would commit murder as the
law defines 1t. ... ......
there must have been malice afore-
thought either express OF implied, to
constitute murder.
An ARRAY that would merely have re-
suited in manslaughter, had death en-
sued, would not, according to the cell
ebrated decision OF Lord Kenyon as to
the case OF a bnyonet wound behind
I he ear. be sufficient to sustain this
indictment.
ii however there was in your find
ing such an assault as they are indict
ed forby somebody and they were pre-
sent aiding and aletting, You convict
II there Is reasonable doubt in your
minds as to their guilt you must ac-
quit. This case was given to the jury
at $50 p. m.
At 4.05 the jurors returned with this
verdict: Not guilty in manner and
form as indicted, but guilty Of as
sault," sentence is expected on the
following day.
sBLuE HENS CHICKEN" STORY.
In the State VS.. Howard Gross,
charged with stealing Susan Williams
pet rooster" she testified to the life,
ownership and death on the night OF
Jan. 4th or morning OF the 5th, of the
departed who was more dear to her
than two dollars. She knew not who
was guilty of the fowl murder. Its
neck was broken. She saw il dead at
the city court. She last saw 1t alive
OH the day before the snow fell.
The trial was orderly prosecuted by
Victor b. Wooley, Esq, and defended
with special ability, by VIM. f. Smalley,
Esq, who, on cross examination, drew
from this and other witnesses the
statements that they knew nothing
which connected the prisoner with the
theft.
| AFUNSY HOWL MURDER.
Mary Elizabeth Sliney alias Lizzie,
was dusky damsel who had been an
intimate friend and companion of the
| Az 4 Ia. Il ~