Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-05-19
COUNTY COURT.



tC ntfnued from, fourth page.l
by counsel for the State as to the number
of times she had been in New Castle Jail,
replied that she had been there five times
for lighting. The witness testified that she
was present at the fracas and saw Tomil-
son strike the prisoner with a blackjack
She didn't see any cutting done. Witness
also testified that Tomilson went to the
house of Clara Lewis on the night the
assault took place, and had ''iackn and
white handle razor. Toniilson was drunk
Clara. Lewis, colored. corroborated the
witnesses testimony. Ervan Ebert and
Arthur Cooper testified similarly. The
scar on the prisoners head was then ex-
hiblted to the jury.
- Deputy. Acknowledgement Giles called
Sheriff Simmons to- prove the width of
Washington street, in contradiction to the
testimony of one of the witnesses, who
testified that the street was as wide as the
court room is long.
BERNARD ]. Mcvey," called out Mr..
Giles. The witness was called to prove
the. character of Violet Gibbs for truth
and yeracity. and his answer was that it
| was bad.
"How long have you known herr" asked
Mr. Cooper for the defence
| About Y year" was the reply.
Particular friend of yours isn't she,
Mr; McVey?n said Mr.. Cooper, sarcastic
oally.
Detective Mcvey resented the imputa-
ton in an instant and was on his mettle.
mo, she's no friend of mine, and want
you to distinctly understand don't asso.
ciate with that kind of people, Mr..
Cooper" Mr.. Cooper's remark was un,
| Just. Mr.. McVey was simply called by
the State to prove the character of a
woman which is VIGOROUSLY bad.
James Jones', colored, said it was as
much as he could do to take care of his
own reputation and he did not desire TO
testify about anybody else. The case
then went to the jury without argument
on the part of counsel or the charge OF the
court.
The jury retired at 4.4o o'clock and at
$50 rendered verdict Of not guilty.
Court convened at 10 o'clock Tuesday
morning. The,greater part of the morn
ing was occupied in going over the trial
list of the superior court. Of the 263 cases
gone over, % were marked for trial and
100 continued. The remainder were either
passed for the present. discontinued, or re-
| ferred.
The trial list having been disposed of
criminal business was then taken up. In
the case of Charles Patton, charged with
larceny, Andrew =. Sanborn who repre-
scented the prisoner asked for the continu-
| ancc of the case until the September term
of court. The ground alleged for the con-
nuance was the absence Of a material
witness for the defence.
In the case of Raffaele Amatuzio, an
Italian, charged with assault with intent
to murder James E. Hershock, police
man, on April Sd, at Seventh and Forty
foot street, Walter II. Hayes appeared for
the defendant and stated that the attorney
general had accepted a plea of guilty in
the case. The court then imposed sem
tence of one year and $500 fine, and one
hour in the pillory.
BLAcKsroS CAPITAL CASE.
The case of Charles II. Blackston.
colored, charged with felonious assault on
Mary a. Lee, also colored, was then taken
up. The prisoner pleaded not guilty.
This being.a capital case considerable care
was taken in selecting jury.
Encouragement Nicholson and Deputy
Encouragement Giles appeared for the
state and William NJ. Byrne and Henry c.
Turner for the defense.
The work of selecting the Jury proved a
tedious one and required over one hour.
After A iurymen had been called and ex-
am ln1ed. the following jury, vas chosen;
Newton L. Grub, Joseph I. Derrickson,
William w, Naylor, Frank A. McCloskey,
John Aspril, Samuel Sweatman, joseph
y. o. Rourke, Thomas ii. Walker. Robert
Sindall, Pnrnell A. Daniels.
Excused-Arnold II. Paltburg, Charles
S. Clark.
Challenged by the defence: James II.
Frazier, James Veasey, John W. Frame
Theodore Hanf, William johnson, Syl-
vester e. Downes, Albert Wollaston,
Thomas G. Porter, Winfield Lattomus,
Nathaniel Newman, John r. Lynum,
Walter +. Southgate Francis H. Lattomus.
Challenged by the State-John C.
Stuckert Peter A.. Pagan, James Crum-
lish,. Francis o. Stevens, William NJ.
Stuckert, Samuel Moore. Philip Reynolds,
Ezekial Smith.
Conscientious scruples-John G. Aston,
John w, Scarborough, Henry Jacobs,
Thomas p. Lyman, Alexander Baxter,
John o. Sullivan, William Anderson,
John d. Manlove.
The first witness called was Leonard
Lee, husband of Mary A. Lee, prosecu-
trix in the case. Witness said the assault |
occurred on the night OF December 3Oth |
last, when the prisoner at the bar came to |
witnesses house and told Mrs. Lee that |
Hannah Purnell, a neghbor, was ill. The |
Lee woman accompanied Blackston
Mr.. Byrne for the defence brought out |
the fact that Leonard Lee and Mary A. |
Lee were not husband and wife although |
they had lived together eight years. Wit |
ness admitted that his lawful wife was now |
living. At LOS O'clock court took recess
until 80 O'Clock p. IN. The addi- |
s.pioi Juiolo NSIS ulsCuhIBeu ulllll May |
31st.
Peter l.. Cooper, counsel for the Hutts, |
Jim Johnson and Dan Miller, for the muir
der of Noah Benson, stated to the court |
on Tuesday that he would probably be
ready for trial within the next two weeks.
The case OF the State VS.. Charles Black |
ston, colored. for felonous assault on Mary |
A, Lee, colored, on the night of December
10Th last, occupied the sole attention of the |
court of oyer and terminer Tuesday after
noon. Mary A. Lee the prosecutrix was |
the first witness called by Encouragement |
Nicholson. Witness testified that the |
prisoner came to her house ON the night |
above mentioned andinveigled her from the |
house by the representation that Hannah |
Tunnel was sick and desired her to come |
at once to nurse her. Il was while accom-
panying the alleged assailant to the house
of Mrs. Tunnel that the assault was per-
pctrated. William Nj. Byrne cross-ex-
amined the witness and developed the fact
from witnesses own testimony that no
resistance or cutlery was made to offset the |
violence of the assailant.
Mrs. Tunnel was called to the stand and |
testified that Mrs. Lee came to her house
on the night above mentioned bearing q |
cut over the mouth where she said her
assailant had dealt her blow with his
fist. Witness said the Lee woman had
told her that she did not know who her
assailant was.
Samuel Jefferson, who hobbled up to
the witness stand principally by the aid of
treacherous walking cane was OF the
house of Mrs. Tunnel when Mrs. Lee
came in. She was wet with rain and was