Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-01-28

Argument in the case of James Carr,
charged with numbering Antonio Basso,
began Monday morning in the court of
oyer and terminer.
Addressing the court Encouragement
Biggs quoted authorities to show that a
person aiding, abetting, procuring and
counseling murder Is deemed an accom-
plice, with the same punishment as the
principal. He noted the distinction be-
tween murder of the first degree and OF
the second degree and cited authorities
10 show that an assailant is responsible
for the injuries Of his victim even If the
latter neglects medical treatment. If
the prisoner set in motion the wheel
which inflicted the injuries, he claimed,
he was as much responsible as IL the in
juries had been instantly fatal.
Deputy Attorney general Davis began
addressing the jury at IL O'Clock. He
reviewed the testimony and contended
that IL had been proved by Houser and
corroborated by Golden and Sparks that
Carr assaulted Basso without provoca-
ton. He spoke for 30 minutes, and
asked the jury for conviction.
He was followed by Walter H. Hayes,
counsel for the prisoner, who addressed
the court so minutes. After defining
the degrees Of murder he contended that
the State had neglected to prove ex
pressed malice aforethought and as.
serted that the jury must determine
whether beer glass is deadly
weapon. In the case of Graham, who
had been charged with shooting a
man by whom he had been hit
with beer glass, he declared, the
attorney general had argued beer
glass was not deadly weapon.
He insisted that the wound was not
necessarily fatal, but attributable to
neglect. The State must prove that
Carr was present to aid and assist with
felonious intention, 1t must be proved
Carr participated In the crime. The
condition of the prisoner at the time
must also be considered The jury
must be convinced beyond reasonable
doubt that Carr committed the crime
and must be satisfied that Basso died
from the wounds inflicted ON the night
in question and not from any other
cause.
Mr.. Hayes then began to address the
jury, but had not concluded at o'clock,
when recess until 2.30 o'clock was taken
The trial Of James Carr for the muir
der of Antonio Basso occupied the atten-
ton of the court of oyer and terminer
all of Monday afternoon. Immediately
after the reassembling Of court Mr..
Hayes, counsel for the defendant, re-
sumed his argument and spoke about an
hour. He dwelt particularly on the testi-
mony in relation to Basso's condition
before death and argued that if he had
been properly treated and nursed he
would not have died. He declared no
jury would convict on Houser's testi-
mony and commended that there was no
motive for Carr TO assault Basso. He
claimed beer glass is not deadly
weapon and in conclusion asked the
jury to rendera just verdict.
Attorney general Biggs took an hour
in summing up. He related how Carr
had fled after Basso's death and asserted
that had he not dealt the fatal blows he
would not have left town. Long had
escaped, he said, but efforts had been
made to find him and they will be con-
tinued. Bullen had been discharged
because there was no evidence against
him. He described the degrees of muir
der and grades of homicide, told the
penalty Of each, and said it was for the
Jury to determine of which grade Of
crime the prisoner is guilty. He de-
clared he had no recollection Of ever
having said beer glass is not deadly
weapon. He believed it is. If Carr
acted in concert with Long, even if he
did not strike blow, he was equal =
guilty. The defence might criticise
Houser's testimony, yet In its material
points it was the most worthy of belief
What more evidence is wanted, he
fNked, than the wordsof Carr at William
Penn Hotel? His expression about
Longs hands implies that he himself
struck Basso with the beer glass. Only
two witnesses, Houser and Sparks, had
said they saw the assault. Their testi.
mony differed, yet the bartender stated
he had to take Carr away from Basso
1t was one of the most dastardly crimes
which ever disgraced this city. Basso was
trying to pacify and was ruthlessly as
sailed. He was followed up and in his
dire extremity cried 80 God, holy
virgin, save me-" knowing that he
needed more than human assistance. If
defendant thought Basso died because
of neglect why did the defence moi
question on that point the doctors who
cut the man openp Not one had said
neglect caused his death. Dr. Blocksom's
testimony, Mr.. Biggs declared, was
worthless. If that physician had stayed
away, he said, it would have been more
to the credit of himself and his profes-
sion and if he cannot give better testi
nony he had better stay out. Drunken.
ness was no excuse for crime. Carr
would not have chased Basso as he did
If he had not known what he was doing
Judge Grubb charged the jury an6
spoke 40 minutes. He said if the jury
found that Carr struck the fatal blows
or if it found that he aided and abetted
Long he was equally guilty. Under thu
indictment, he said, the jury coult
render verdict of murder of either tn,
first or second degree or manslaughter
1t was shown, he added, that Basso re
ceived the wounds at the time and plac,
stated. No other wounds were proven
The doctors who made the postmorten
had testified that those wounds caused
death. The court opposed the plea O
the defence that Basso's wounds hat
seen neglected and stated weapon il
deadly according to the mannerin which
n is used.
The jury retired at $40 o'clock anc
Immediately thereafter court adjourned
until Tuesday morning.
Immediately after the opening of tn,
court of oyer and terminer on Tuesda,
the jury in the Carr case came in ant
rendered a verdict of guilty of man
slaughter. Pending sentence Mr.. Haye
asked for reduction of the maximum
penalty, five years, stating that hi
client had already passed considerable
time in Jail. Sentence was pronounced
by Judge Grubb, who ordered that Car