Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-11-16
ONE CAPITAL CASE SETTLED
George Whites, on a Charge
of Felonlous Assault.
THE OYER AND TERMINER OVER
Acquitted of a Charge of Set
ting Fire to a Barn.
Lucisy Escape of James A. Byard,
Young COlored Lad--Ho Made u Good
Alibi and the State Abandoned tho Case.

terminer court and the court of general
sessions of the peace and Jail delivery
were all convened in adjourned session
last Monday, with all the Judges on the
bench. Immediately after court opened,
on motion of Benjamin Nields, James
II. Field, Fl. r. Bringhurst, Jr., of this
city and Artemus Smith of Arkansas
were admitted to the bar and will be
full-fedged lawyers upon their taking
the customary oath.
Attorney-GeneralN Nicholson called up
the case of the State VS.. George White,
colorcd, charged with felonious assault
on Mrs. Carrie L. Benthling. He said
the prosecuting witness was outside the
jurisdiction OF the State, and it was
barely possible that an effort to secure
her attendance at this term Of court
would be fruitless.
William s. Hilles, counsel for Edward
litter, charged with using female
child under 10 years for immoral pur-
poses, asked that the case be postponed
until Wednesday morning. He assigned
as his reason for making this motion
that he was not aware of the fact that
the case had been set for the first day Of
the adjourned term.
Walter II, Hayes and II. II. Ward,
counsel for Alonzo q. b. Anderson, col
ored, charged with assault and battery
on James Early, an election officer,
asked that the indictment be quashed ON
the ground that the municipal court had
exclusive jurisdiction in such cases.
Deputy Attorney General Branch H.
Giles commended that the charge pre-
ferred against Anderson was separate
and distinct from tine charge of assault
and battery, in view of the fact that
Anderson was indicted for assaulting an
officer engaged in holding an election.
The court decided that the municipal
court had absolute jurisdiction in the
matter.
Court adjourned until $50 o'clock.
Encouragement Nicholson in the
afternoon entered nolle prosecute in the
case of the State VS.. George White, col.
ored, charged with felonIous assault on
Carrie L. Benthlins Tho court i'm
mediately issued an order for the re-
lease Of the prisoner.
The charge preferred against White
was capital one and conviction for a
crime OF this character is punishable by
death.
The assault is alleged to have &C.
Cured on the night of the Goth day of
April last, in the cabin the tug Isabel,
which was lying alons the Christiana
river near Moore's shipyard. Mr..
Benthling was absent attending the
great naval parade in New York harbor
Upon his return he was informed of the
assault and swore out warrant for
Whites arrest. An indictment was
found against White at the September
term of court. The prosecuting witness
did not appear and the case went over
until the present term.
In explaining tho reason for his
motion for the release of White, Mr..
Nicholson stated that every effort to
secure the attendance of the prosecuting
witness had been made, and from his
observations he did not think Mrs.
Benthling ever would appear. He
thought It was impossible to induce the
woman to return to the jurisdiction of
the State He believed that it would be
an unnecessary hardship to keep White
in Jail any longer and he therefore asked
for his release. White will be dis
charged.
Lawyer Bacon, who represented
White, asked that the witnesses for the
defence be paid for their attendance.
The court made the order.
1t is stated that the leading witnesses
for the State in the above case are now
at Cape Charles, on the Atlantic coast,
White was arrested by State Detectives
McVey and Witsil, who procured the
evidence in the case.
The court of oyer and terminer adj
journed without day.
The special jurors OF the oyer and
terminer court were discharged from
any further attendance.
A jury was drawn in the general ses-
sions court TO try the case of State vs..
James A. Byard, colored lad, aged Is
years, charged with burning the barn OF
George N. Burgess, in ST. Georges hun.
bred on the night of the 26th day OF
July last.
Attorney-General John r. Nicholson
and Deputy Atterney-General Branch
IL. Giles appeared for the State and ex-
Deputy Attorney General Thomas Davis
for the defence.
Mr.. Burgess was called to the stand
He said the property on which the fire
occurred belonged to his mother and he
was the tenant on the farm. He said
the barn was entirely consumed, and a
horse and calf persisted in the flames
The fire occurred about 1880 o'clock.
Mr.. Davis cross.examined the witness
Andrew Henry, Il colored lad, testi
fled that he was living with Burgess the
night of the fire. He said Byard APP
preached him after he'iire and said thai
if it hadn't been for him all the cattle
would have been burnt up.
Hiram Pleasanton gave corroborativC
evidence.
Burgess testified that the stock wert
all locked up in the stables the night OIL
the fire and no one else could have re
leased them except Byard. The roo
had fallen in when the witness arrived
Vincent Moore testified that he wa
one of the first persons at the scene o
the fire. The house of Mr.. Burgess
caught fire from the burning barn anC
was destroyed. Burgess and his family
barely escaped with their lives. Moor
saw Byard 1.-THE fire.
In reply to the questions of Mr.. Davis
witness said he never heard Byard max
any threats against Burgess.
William II. Pierson, a sturgeon fisher
man of this city was called TO the stand
He testified that he was at Dagsbor,
Neck on. the afternoon of July 10th, AM
met Byard. The latter said he was no
working for Burgess, but was now EN-
ployed by Moses Duffield. Byard said
'Burgess is the worst man in this county
You will hear of him being burned on
inside of week."
The State rested after calling this wit
ness.
Mr.. Davis opened for the defence
He said that he would not common
on the testimony adduced by the de
fence, but there was insufficient proc